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Nick T

Selling a legal NJ gun to an out of state resident

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Ok so my father is up from out of state, he lives in the free state of Texas where you can send guns person to person in the mail, my question is he wants to buy one of my pistols. Does anyone know how to go about this, or run into this before

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Guest schutzen-jager

must be transferred to an ffl holder in texas -

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must be transferred to an ffl holder in texas -

 

I know its really just petty semantics here but your comment may be misread.

 

It does not need to be transfered to an FFL, rather, it just needs to be shipped with a copy of your drivers license to an FFL in texas. You gotta be careful with the term transfer, I think some may read it as you having to go to an FFL in NJ and paying a transfer fee to ship it off which is not the case.

 

When you get the faxed copy of the FFL, check it here https://www.atfonline.gov/fflezcheck/ and then keep the copy of the FFL and shipping documents stashed away somewhere. This is NOT required but it is a good idea. If one day the ATF comes knocking and says "hey your gun just killed 20 people" you are going to want proof that it went to a legal destination.

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Shipping and transfer of handguns is regulated federally, regardless where your father lives. A handgun must be transferred through a FFL holder in the state of residence of the recipient. It does not need to ship from a FFL, a private citizen can ship a handgun to the receiving FFL, but only by overnight (maybe 2nd day air - not sure) freight, like UPS or FedEx. If you have a FFL ship the gun for you, they can ship it via USPS - which may save you some money even including the fee the FFL would charge you.

 

It would be delivered to your father through the books of the FFL in his state of residnece, adhering to all relevant state laws.

 

HTH

 

Adios,

 

Pizza Bob

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Just to clarify a few things; make sure the receiving dealer in TX will accept the firearm from you. You do not need a copy of the dealer's license prior to shipping, as there is no law that says a nonlicensee is required to have one, although a UPS or FedEx employee might unknowingly request proof that you are sending to a dealer. Just get the dealer's license number and print the FFL-EZCheck results. As stated, it might be cheaper to go through a local dealer and you also will have better proof that the firearm has left your possession.

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Shipping and transfer of handguns is regulated federally, regardless where your father lives. A handgun must be transferred through a FFL holder in the state of residence of the recipient. It does not need to ship from a FFL, a private citizen can ship a handgun to the receiving FFL, but only by overnight (maybe 2nd day air - not sure) freight, like UPS or FedEx. If you have a FFL ship the gun for you, they can ship it via USPS - which may save you some money even including the fee the FFL would charge you.

 

It would be delivered to your father through the books of the FFL in his state of residnece, adhering to all relevant state laws.

 

HTH

 

Adios,

 

Pizza Bob

 

Overnight is not a legal requirement. 2Day Air is also legal. The overnight policy was imposed by FedEx and UPS because of disappearing firearms due to sticky fingered employees. Overnight shipping keeps the package more controlled and watched at the shipping company, and in their clutches for less time. How I ship often depends on the location name. If the destination is "Smith & Wesson" or "Joe's Gun Shop", I pay an FFL to do the transfer because the clerk will ask if it's a gun and insist it be shipped overnight. US Mail is cheap enough that even with a transfer fee it is usually still less expensive than overnight.. If the destination FFL is a person or some sporting goods store type name (i.e. something not universally known as a GUN location), then it goes second day air.

I always adhere to Federal law. FedEx corporate policy, not so much. I am not advocating anything, just throwing it out there.

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Overnight is not a legal requirement. 2Day Air is also legal. The overnight policy was imposed by FedEx and UPS because of disappearing firearms due to sticky fingered employees. Overnight shipping keeps the package more controlled and watched at the shipping company, and in their clutches for less time. How I ship often depends on the location name. If the destination is "Smith & Wesson" or "Joe's Gun Shop", I pay an FFL to do the transfer because the clerk will ask if it's a gun and insist it be shipped overnight. US Mail is cheap enough that even with a transfer fee it is usually still less expensive than overnight.. If the destination FFL is a person or some sporting goods store type name (i.e. something not universally known as a GUN location), then it goes second day air.

I always adhere to Federal law. FedEx corporate policy, not so much. I am not advocating anything, just throwing it out there.

Luckily the FFL holder is a friend of ours so I might go that route

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I just recently shipped a handgun to Wyoming. I got a copy of the recipient's FFL and shipped it via FedEx Overnight Express. Cost me $88.53.

 

Here's a question that was bugging me the whole time I was driving to the FedEx location: It's legal for a non-FFL holder to ship a handgun to an FFL out of state. However, driving to the shipping location with a handgun in your car doesn't fall under the allowed exemptions. I made sure I had all of the paperwork with me: pink copy of the PPP, my FID, the recipients FFL etc. but I was still nervous about a potential run-in with a cop and how I would go about explaining it to him (and probably a judge shortly thereafter). So, is it "legal" to drive to a shipping location if your purpose is to do something legal with it (ship to an FFL-holder)?

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I just recently shipped a handgun to Wyoming. I got a copy of the recipient's FFL and shipped it via FedEx Overnight Express. Cost me $88.53.

 

Here's a question that was bugging me the whole time I was driving to the FedEx location: It's legal for a non-FFL holder to ship a handgun to an FFL out of state. However, driving to the shipping location with a handgun in your car doesn't fall under the allowed exemptions. I made sure I had all of the paperwork with me: pink copy of the PPP, my FID, the recipients FFL etc. but I was still nervous about a potential run-in with a cop and how I would go about explaining it to him (and probably a judge shortly thereafter). So, is it "legal" to drive to a shipping location if your purpose is to do something legal with it (ship to an FFL-holder)?

 

I truly can't wait for our laws to be rewritten in such a way that questions like this don't ever have to be asked. It'll happen, eventually...

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I just recently shipped a handgun to Wyoming. I got a copy of the recipient's FFL and shipped it via FedEx Overnight Express. Cost me $88.53.

 

Here's a question that was bugging me the whole time I was driving to the FedEx location: It's legal for a non-FFL holder to ship a handgun to an FFL out of state. However, driving to the shipping location with a handgun in your car doesn't fall under the allowed exemptions. I made sure I had all of the paperwork with me: pink copy of the PPP, my FID, the recipients FFL etc. but I was still nervous about a potential run-in with a cop and how I would go about explaining it to him (and probably a judge shortly thereafter). So, is it "legal" to drive to a shipping location if your purpose is to do something legal with it (ship to an FFL-holder)?

 

You were taking it to a gun smith or place of purchase. Those are covered. That someone else completes the journey for you would seem to be immaterial.

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You were taking it to a gun smith or place of purchase. Those are covered. That someone else completes the journey for you would seem to be immaterial.

Considering that I can't hand my wife a gun that belongs to me while in my own home without committing an "illegal transfer," I doubt that line of reasoning will hold much water.

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Considering that I can't hand my wife a gun that belongs to me while in my own home without committing an "illegal transfer," I doubt that line of reasoning will hold much water.

 

Fedex, UPS and others are common carriers. There are laws for common carriers that exempt them from things like "illegal transfer". They are essentially a conduit, completely neutral as to the content. They may be responsible for the value of an item, but not held to account for restricted items like guns, prescription drugs, etc.

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Fedex, UPS and others are common carriers. There are laws for common carriers that exempt them from things like "illegal transfer". They are essentially a conduit, completely neutral as to the content. They may be responsible for the value of an item, but not held to account for restricted items like guns, prescription drugs, etc.

I'm sure that's true. My concern was more along the lines of "How do I explain this to the average police officer if I get pulled over?" The laws protecting carriers from liability may be common knowledge, but in NJ, once a firearm is in the picture, all common sense goes out the window.

 

To FedEx's credit, they're professional with how they handle a firearms shipping transaction. After her initial gasp and concerned, "Oh my," when I told her it was a handgun, she explained to me that overnight was FedEx policy because it kept the package in their system for the least amount of time, making it harder for an employee to yoink it. I'm pretty sure the other customers weren't thrilled to hear the conversation but they figured she'd be acting differently if what I was doing was illegal. At least, nobody called the cops. Next time, I'm taking it to an FFL just to save myself the stress.

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