quest. about selling firearms

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Streetstar
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quest. about selling firearms

Post by Streetstar »

I will be off-loading a few items very soon due to declining interest in some aspects of the shooting sports, and increased interest in other aspects

I have never sold a firearm except FTF --- I was curious, --- I live in Oklahoma == does anybody know if I have to go through an FFL to ship? -- or what is the best way to ship if not?

I know typically I have to ship to an FFL, but wasn't sure what my obligations were as the seller

I am planning to go the route of a lot of board members and offer everything I have going up on this board first for 3-4 weeks, then whats left will go on Gunbroker or Auction Arms
----- Doug
44/40
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Re: quest. about selling firearms

Post by 44/40 »

Sales to parties in another state require that you ship to a FFL only. That said, some FFL's will only accept shipment from another FFL and not a private party, even though there is no legal requirement for this.
USPS regs only allow shipment of long guns by private individuals, but will only accept handgun shipments between FFL's. Handgun shipment by a private party must be made through a private carrier (UPS / FedEx) who require you use second day air (expensive). This requirement is their solution to their employee theft "problem".
silverbuzzard
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Re: quest. about selling firearms

Post by silverbuzzard »

44-40 is exactly correct on all counts.
Just go to PO [if long gun] with it ready in wrap.
Only once have I had the clerk ask to inspect it to see if unloaded [ they have that right ]

If so ,unbox it right there as requested. MAybe that's why they don't ask much.

The outside of the package can have NO markings to reveal a firearm is inside

I always take a copy of the receiving FFL with me just in case the clerk asks, but they never have
jdad
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Re: quest. about selling firearms

Post by jdad »

If the serial number dates them to pre-1899 they are considered legal "antiques" and may ship direct, with proof of age. There a few states NY, NJ, DC that do not allow this.

If they are on the C&R list (50 years or older) they may ship direct, to a C&R license holder.
I know a whole lot about very little and nothing about a whole lot.
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Streetstar
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Re: quest. about selling firearms

Post by Streetstar »

jdad wrote:If the serial number dates them to pre-1899 they are considered legal "antiques" and may ship direct, with proof of age. There a few states NY, NJ, DC that do not allow this.

If they are on the C&R list (50 years or older) they may ship direct, to a C&R license holder.
naah -- not that lucky --- i'm not getting rid of any leverguns or revolvers either --- just the type of stuff I could pretty easily replace with a quick trip to a sporting goods store or a 10 minute scan of GB - couple of 22's I don't need anymore , couple of bolt rifles, and a couple of budget semi-autos
----- Doug
Buck Elkhorn
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Re: quest. about selling firearms

Post by Buck Elkhorn »

One other thing you should do is note in your ad that you are not using a FFL.
That way the buyer should check with their FFL to be sure they'll accept shipment.
Buck
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FatJackDurham
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Re: quest. about selling firearms

Post by FatJackDurham »

http://www.atf.gov/content/firearms-fre ... te-firearm

Here is the ATF site.

All, thanks for the info. I wasnt aware of this. I thought private sales were unrestricted. For instance, at gun shows, people sell guns all the time, and I know they are from other states. I didnt think they needed to have a license.
FatJackDurham
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Re: quest. about selling firearms

Post by FatJackDurham »

"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]"


I didn't know this either. I thought you could legally buy handguns in another state. We get flack from Massachusetts all the time for this, so I thought it was legal for people to come to vermont and buy handguns.
Pete44ru
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Re: quest. about selling firearms

Post by Pete44ru »

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Long guns may be purchased FTF out of the buyer's state of residence (like at a funshow), but only from an FFL holder; handguns may be purchased out of your state of residence, but must (under Federal Law) be shipped to an FFL in the state the buyer resides for pickup.

When I sell @ a funshow, I will usually sell directly to an FFL for resale; or if to a private party from anywhere, I insist that the buyer take it as a trasfer from one of the show's FFL's.

FWIW - I've been to a few gunshows where BATF agents were posing as private buyers, trying to purchase W/O an FFL transfer (aka:sting), arresting the folks who accommodated the undercover agents.

When I sell online, I always add a sentence to my description like: " Plus $X shipping directly to your FFL, who should agree to accept direct shipment from a non-FFL (me)".

The US Postal Clerk needen't have the parcel opened to ensure the firearm's unloaded - there is a provision in the USPS regs for them to accept a signed/sworn statement from the mailer/shipper to that effect.
If a particular Postal Clerk proves difficult on the point, I always ask for the Postmaster, who generally accepts the written statement, as provided by their own regs.

There is NO obligation under Law or USPS Regs to reveal the contents (of a USPS parcel being mailed) to the Postal Clerk, other than to truthfully answer the Clerk's mandatory questions of every parcel regarding mailabliity: Are the contents perishable, flammible, explosive, posionous or fragile ? (I always claim fragility, and have the parcel so stamped).

OTOH, since UPS/FEDEX are "common carriers" under the Law, and are not the US Mail Service - parcel contents MUST be disclosed in the appropriate line/section of their respective shipping forms.

I would advise anyone NEVER ship a firearm @ any UPS/FEDEX "storefront" - Always go to a central hub service/retail counter, to avoid conflicts/refusals/arguments with uneducated clerks.

Laws at the buyer's location are no business of the seller - it's the onus of the buyer to resolve & obey (and pay for) whatever laws apply on their end of the transaction/transfer.



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Sixgun
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Re: quest. about selling firearms

Post by Sixgun »

Good info here. The one item I would change is that I would not sell anything to a communist state like NJ, MD, NY, Kal, Conn., or Mass. They have their own weird laws and while it may be the buyer's responsibility, I ain't taking no chances as I have a lot to lose. Remember, communist states need to fine white guys with jobs....its how they feed the parasites. Plus, by refusing to sell to them, it might give them the incentive to do something about their stupid laws.

Insure the gun you are shipping and pack it well. Its best to take the stock off and make a smaller package.-----6
1st. Gen. Colt SAA’s, 1878 D.A.45 and a 38-55 Marlin TD

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Pete44ru
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Re: quest. about selling firearms

Post by Pete44ru »

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Well said - try to make the parcel look like it contains something other than a firearm.

I can't count the number of long guns I've mailed (USPS) in the (free) priority Mail Delta-shaped tubes (about 36"-40" long), broken down & wrapped with padded cotton (whatever) to stuff the delta tube soildly, end-to-end.

I even place appropriately-sized wood dowels inside shotgun barrels to support them against a possible dent or collapse from a sharp blow; and cut 1/2" thick solid wood end blocks for the inside of the parcel to preclude anything being driven out one end if it's dropped onend.




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