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I have a question regarding private sales.
A gentleman from NM is interested in a friend's shotgun. My friend lives in Tx. The prospective buyer is going to pick up the shotgun in Texas.
Can my friend sell it directly to the buyer or do they have to go through a Ffl and do the transfer?
Thanks.

Yes he can sell directly to the gentlemen from New Mexico. I would make sure I got all pertinent information.

Thank you so much. A bill of sale with info from the buyer's dl should be enough.

carlson1 wrote:Yes he can sell directly to the gentlemen from New Mexico. I would make sure I got all pertinent information.

That is a federal felony.

He must go through an FFL.

There is no legal way (except a bequest upon death) for a private citizen resident one state to transfer a firearm to a private citizen who resides in a different state.

All such transfer must go through an FFL.

baraco01 wrote:I have a question regarding private sales.
A gentleman from NM is interested in a friend's shotgun. My friend lives in Tx. The prospective buyer is going to pick up the shotgun in Texas.
Can my friend sell it directly to the buyer or do they have to go through a Ffl and do the transfer?
Thanks.

Read what the ATF says about it; https://www.atf.gov/content/firearms-fr ... d-transfer" onclick="window.open(this.href);return false;

baraco01 wrote:I have a question regarding private sales.
A gentleman from NM is interested in a friend's shotgun. My friend lives in Tx. The prospective buyer is going to pick up the shotgun in Texas.
Can my friend sell it directly to the buyer or do they have to go through a Ffl and do the transfer?
Thanks.

FFL required....

https://www.atf.gov/content/firearms-fr ... d-transfer" onclick="window.open(this.href);return false;

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

FFL required and so I did assume, however, I was not sure if it was a state or Federal. It is a Federal thing.

And here is the correct answer as per BATF:

Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping. See also Question B3.

Thank you all! I will let him know. So, the shotgun has to be transferred through a ffl in nm since buyer us from nm?

baraco01 wrote:Thank you all! I will let him know. So, the shotgun has to be transferred through a ffl in nm since buyer us from nm?

They can do the transfer at a licensed FFL in Texas if they are both in person at the FFL's location, or he can have it shipped to a NM FFL and they can make the transfer.

It was my understanding that long guns were legal to purchase in neighboring States, but not handguns.

carlson1 wrote:It was my understanding that long guns were legal to purchase in neighboring States, but not handguns.

A person may buy a long gun in another state, but it must be from a licensed dealer. You cannot buy a handgun in another state unless you have it transfered to a FFL in your state of residence.

Keith B wrote:A person may buy a long gun in another state, but it must be from a licensed dealer. You cannot buy a handgun in another state unless you have it transfered to a FFL in your state of residence.

If that is the case, I have to wonder how many of us have broken that one over the years. For example, say you grew up in one state, but live in another state. You still have family back in your former state and you are back there visiting relatives. One of your relatives mentioned that he has a particular firearm that he inherited from your grandfather or some other common relative, but he said that he doesn't hunt or shoot anymore and was thinking of selling it. So, you offer to buy it from him so that it can stay in the family even though you don't actually *need* that particular firearm. Or maybe it is just a friend that you are visiting and as he's showing you his gun collection, you notice one in the back of the safe, ask him about it, and he says that he never shoots it anymore and you like it offer to buy it from him.

With some of us, buying and selling firearms like this used to be no different than any other TOOL. The idea that the government could create regulations that could restrict who you could give or sell your tools to was a completely alien concept. What has happened to our society when people think that it is perfectly acceptable for the government to tell us who we can sell our private property to? I have to think that the Founding Fathers would be turning over in their graves if they knew what had become of their grand design. :(

Keith B wrote:

carlson1 wrote:It was my understanding that long guns were legal to purchase in neighboring States, but not handguns.

A person may buy a long gun in another state, but it must be from a licensed dealer. You cannot buy a handgun in another state unless you have it transfered to a FFL in your state of residence.

Thanks Keith I missed the dealer part. I just remember buying a rifle in Oklahoma a few years back.

Might as well just ship the gun if it has to go through an FFL. Save the drive.

nyj wrote:Might as well just ship the gun if it has to go through an FFL. Save the drive.

Depending upon where in TX and where in NM, it might not be much of a drive.

If it was a relative or a close friend, I probably wouldn't think anything about it. If it was a stranger, I would be concerned that it might be a some entrapment plot by the Feds like they did with Randy Weaver.