# Selling firearm to non-resident



## svmoose (Feb 28, 2008)

So I know you can't sell handguns to someone from out of state without doing so through an FFL. I looked at the ATF website and their descriptions are a bit vague on long guns so I thought I'd ask here. 

Can I sell a rifle to someone who is a resident from another state without an FFL? How would you go about doing this?


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## Watcher (Dec 31, 2008)

I researched this a bit a while back.

As has been discussed, one private citizen gun owner can sell any gun to another private citizen. The only issue I found was having to ship it. If that's what you are needing to do, my understanding is you have to ship through (sending and receiving) a FFL agent. The "small fee" on both ends does add up.

I'm not an expert but I'll throw it out for corrections and clairifications.


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## Treehugnhuntr (Sep 7, 2007)

Anytime you are shipping a firearm out of state, it has to go to an FFL licensee, whether it is a GCA firearm, destructive device or machine gun. The oversight is on the back end of the transaction. Just be sure that the firearm you are shipping is a legal firearm in the state you are shipping it to and be sure to have the transferee send a copy of their FFL before shipment is made.

Section 478.29 of the NFR reference guide deals with this subject, as well as a couple of other areas..

You also may not knowingly sell a firearm to a person or entity you suspect or know to reside in a different state.


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## Squigie (Aug 4, 2012)

If it's crossing state lines, it must go through an FFL.


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## svmoose (Feb 28, 2008)

I'm not shipping the gun. The person I am selling the gun to lives in Utah, and I am selling it in person.


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## Treehugnhuntr (Sep 7, 2007)

My apologies, your original post asked if you could sell a rifle to someone who is a resident from another state without an FFL.


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## svmoose (Feb 28, 2008)

Sorry, here is what I mean. The person lives in Utah as a college student, but is a resident of another state. So they are in Utah physically, but have legal residency in another state. Does that make sense? So I will make the sale in person, but to a resident of another state.


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## Cooky (Apr 25, 2011)

If you are not a licensed dealer the buyer is the one that has to deal with the legality of taking a gun home. You as an individual citizen do not have that legal obligation. Even a dealer can sell a rifle to a resident of most states as long as they are not forbidden to own one by their home state (that is checked via BCI) or by federal law.


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## Squigie (Aug 4, 2012)

svmoose said:


> Sorry, here is what I mean. The person lives in Utah as a college student, but is a resident of another state. So they are in Utah physically, but have legal residency in another state. Does that make sense? So I will make the sale in person, but to a resident of another state.


The rifle must be transferred to him/her by an FFL. It would be illegal for you to transfer it to a non-resident, regardless of their current location.


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## Cooky (Apr 25, 2011)

An Excerpt from the BCI site:

Home /BCI /Purchasing a Gun in Utah
BCI - 
Purchasing a Gun in Utah

It is unlawful for a _gun dealer_ to sell or transfer any firearm until an instant criminal history background check is conducted and approved by BCI.

A valid Utah concealed firearm permit may be used to waive the BCI background check and the corresponding fees. However, _the dealer is still required to call BCI to confirm the validity of the concealed firearm permit._

A person who wishes to purchase a handgun must show proof of Utah residency.

A person who wishes to purchase a rifle or shotgun is not required to show Utah residency; however, _the purchaser will be required to comply with the laws of the state in which he/she resides._Laws governing the use of concealed firearms differ from state to state. It is important to understand the laws to ensure that your actions are in compliance with Utah law.

Sources: 53-5-704 Division duties - Utah Code §§ 23-20-11 et seq., 24-2-17, 76-10-301, 76-10-501 et seq.


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## Squigie (Aug 4, 2012)

Cooky, that's State law.

Federal law is more restrictive.
(ATF FAQ)


> A person may sell a firearm to an unlicensed *resident of his State*, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
> 
> [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]


What that says:
1. You can sell to non-FFL *residents* _in your own state_.
2. You can loan/rent to anyone.
3. You can sell to an FFL in any state (_but not non-FFLs_).
4. Non-C&R guns cannot be transferred interstate to C&R collectors.


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## Cooky (Apr 25, 2011)

Squigie said:


> What that says:
> 1. You can sell to non-FFLs _in your own state_.


Yup.


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## Squigie (Aug 4, 2012)

You didn't read that, at all, did you?

I added bold font, so it's more obvious.....


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## huntingbuddy (Sep 10, 2007)

What are you trying to say Squigie? A Utah FFL can sell a long gun to a non resident, as long as it complies with the requirements of the buyers state of residence. So why can't a non-ffl do the same?


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## Squigie (Aug 4, 2012)

huntingbuddy said:


> What are you trying to say Squigie? A Utah FFL can sell a long gun to a non resident, as long as it complies with the requirements of the buyers state of residence. So why can't a non-ffl do the same?


Because they aren't licensed.
See 27 CFR 478.29, in particular.

Sources:
18 U.S.C. 922(a)(3)
18 U.S.C. 922(a)(5)
18 U.S.C. 922(d)
27 CFR 478.29
27 CFR 478.30


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