BATF Shipment Rules and FAQ's......

irishluck73

Guest
#21
I'm selling a pistol to a person in GA. Do I need to ship from an FFL on my end? If not what carriers will accept a pistol? FedEx and UPS? Do you declare it as being a gun or do you just box it and ship it?

I know an FFL needs to receive it on their end.
 

mbogo

Bwana Mkubwa
Forum Supporter
#22
If the transfer is between individuals in different states, the pistol(s) must be transferred FFL-to-FFL.

Your FFL can ship via US Postal Service which, even with Registered Mail service and insurance, will be less expensive than either UPS or FedEx whose tariffs require the more expensive 'Next Day Air' service.

mbogo
 

NVFirefighter

Load and return.......
Forum Supporter
#23
If the transfer is between individuals in different states, the pistol(s) must be transferred FFL-to-FFL.
That's not correct.....


Q: To whom may an unlicensed person transfer firearms under the <ABBR>GCA</ABBR>?


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 <ABBR>U.S.C.</ABBR> 922(a)(3) and (5), 922(d), 27 <ABBR>CFR</ABBR> 478.29 and 478.30]



The receiving FFL must accept a shipment from a private party.....some will not,so get approval before hand.
 

irishluck73

Guest
#24
If the transfer is between individuals in different states, the pistol(s) must be transferred FFL-to-FFL.
I just did some research and an idividual can ship to an FFL in another state. However, they must use FedEx or UPS like you mentioned and it may be more expensive than an FFL and USPS. Thanks for your help.
 

titanNV

NRA Endowment Member
Administrator
Forum Supporter
#25
Your FFL can ship via US Postal Service which, even with Registered Mail service and insurance, will be less expensive than either UPS or FedEx whose tariffs require the more expensive 'Next Day Air' service.

mbogo
Edited my post . Rules have changed.
 
#26
Curious, I need to ship a couple of rifles to a friend's family in Texas (he's a mining engineer in Aussiland now, so he left the rifles in my care)... would they have to ship to an FFL? It's their property not mine. Might just be easier to fly to Texas with them and spend a weekend haha
 

okdonk

Obsessed Member
Forum Supporter
#27
Curious, I need to ship a couple of rifles to a friend's family in Texas (he's a mining engineer in Aussiland now, so he left the rifles in my care)... would they have to ship to an FFL? It's their property not mine. Might just be easier to fly to Texas with them and spend a weekend haha
I'd use NFA to ship them if i were you, stress free. It costs about $20-25 each plus transfer fee and insurance if you like. Good thing you don't have to find a long cartoon boxes for the rifles.
 

SteamDonkey

Rock Whisperer
#28
Clarification question, and I think I've seen it covered elsewhere, but just want to double check for others who may be curious.


Currently, can a resident in Clark County, or any other place in the state, sell and ship a handgun directly to another NV state resident, provided they ship through FedEx or UPS?

Sent from my Nexus 6 using Tapatalk
 

MAC702

LEGEN...wait for it... DARY!
Forum Supporter
#29
Technically, yes. Good luck getting your contract carrier to do it, though, once you declare it as a firearm, which you are required by federal law to do. I do not know the penalty if you "forget." :)
 

steve

Obsessed Member
#30
Technically, yes. Good luck getting your contract carrier to do it, though, once you declare it as a firearm, which you are required by federal law to do. I do not know the penalty if you "forget." :)
If I recall the penalty is steep. Jail and money. I couldnt get any of the contract carriers to do it for me 5 years ago. I even showed then the info from themselves that says they will do it.
 

jfrey123

I aim to misbehave...
Staff member
Moderator
Forum Supporter
#31
Technically, yes. Good luck getting your contract carrier to do it, though, once you declare it as a firearm, which you are required by federal law to do. I do not know the penalty if you "forget." :)
Applies to manufacturers? I had a gun company do warranty work for me once and they shipped it back to me direct labeled as "machine parts".
 
#32
Hey guys,

It's been a while since I've made a sale, and I just want clarification on the new laws. So you don't need to meet a local station for the private sale of handguns? Just a bill of sale for your own record?

Prior to the 1st of course.

Thanks!
 

mbogo

Bwana Mkubwa
Forum Supporter
#33
The Clark County handgun registration scheme was eliminated by the state legislature last year.

There was NEVER a requirement for a Bill of Sale anywhere in Nevada, nor does the new law require one.

mbogo
 

jfrey123

I aim to misbehave...
Staff member
Moderator
Forum Supporter
#36
Hey guys,



It's been a while since I've made a sale, and I just want clarification on the new laws. So you don't need to meet a local station for the private sale of handguns? Just a bill of sale for your own record?



Prior to the 1st of course.



Thanks!

EDIT: Sorry, just saw you're saying before the first. Until Jan 1, all private sales are cash and carry. If you have any reason to believe your buyer is a prohibited person, you're supposed to decline the sale, but there's no other requirements.



If you're talking about the new ballot measure for a private sale, then starting Jan 1, 2017 you'll need to go with your buyer to a dealer to pay for a background check on the buyer before you can let him have it. Period. All private transfers must go through a dealer to be legal.

CCW does not qualify for exemption either. CCW exemption is granted by the ATF for the Federal background check on a transfer from the dealer to you. The background check from person to person is a new state law and no exemption is written into it.
 
Last edited:

Mike Searson

&#924;&#959;&#955;&#8060;&#957; &#955;&#940;&#946;
#37
EDIT: Sorry, just saw you're saying before the first. Until Jan 1, all private sales are cash and carry. If you have any reason to believe your buyer is a prohibited person, you're supposed to decline the sale, but there's no other requirements.



If you're talking about the new ballot measure for a private sale, then starting Jan 1, 2017 you'll need to go with your buyer to a dealer to pay for a background check on the buyer before you can let him have it. Period. All private transfers must go through a dealer to be legal.

CCW does not qualify for exemption either. CCW exemption is granted by the ATF for the Federal background check on a transfer from the dealer to you. The background check from person to person is a new state law and no exemption is written into it.
There is no fee for the background check through NICS. I don't know why people think there is unless they have spent their entire lives in Cal-Nevada.

This law says NICS and specifically says NOT the Central Repository.

The NICS law exempts CCW. So if you have a CCW, you fill out the 4473 and no call to NICS is made.
 

jfrey123

I aim to misbehave...
Staff member
Moderator
Forum Supporter
#38
There is no fee for the background check through NICS. I don't know why people think there is unless they have spent their entire lives in Cal-Nevada.



This law says NICS and specifically says NOT the Central Repository.



The NICS law exempts CCW. So if you have a CCW, you fill out the 4473 and no call to NICS is made.


Section 3(a) of the new statute explicitly states the dealer "must" contact the NICS. The exemption for a CCW holder is not one of the exemptions granted in this *state* law.

We are granted an exemption on a background check when transferring from a dealer because dealers are governed by Federal law, and a CCW exemption is allowed in that Federal law. No such exemption exists under the private party *state* law.

That's how I'm reading it. Hope I'm wrong. Time will tell. http://nvsos.gov/Modules/ShowDocument.aspx?documentid=3440
 

Mike Searson

&#924;&#959;&#955;&#8060;&#957; &#955;&#940;&#946;
#39
Section 3(a) of the new statute explicitly states the dealer "must" contact the NICS. The exemption for a CCW holder is not one of the exemptions granted in this *state* law.

We are granted an exemption on a background check when transferring from a dealer because dealers are governed by Federal law, and a CCW exemption is allowed in that Federal law. No such exemption exists under the private party *state* law.

That's how I'm reading it. Hope I'm wrong. Time will tell. http://nvsos.gov/Modules/ShowDocument.aspx?documentid=3440
See the very NICS statute they cite, which is Federal Law:
18 USC 922(t)

(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if&#8212;
(A)
(i) such other person has presented to the licensee a permit that&#8212;
(I) allows such other person to possess or acquire a firearm; and
(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law;

My interpretation would be that if the buyer has a CCW, the firearm is logged into a dealer's bound book, logged out on a 4473 and no NICS check is made.
The exemption we get for our CCW is through NICS.

But hey, what do I know?
 

jfrey123

I aim to misbehave...
Staff member
Moderator
Forum Supporter
#40
State law still says a dealer "must" do a background check, even after it says comply with 18 USC 922. I'll be curious how the DPS and attorney general instruct the dealers when this goes into effect. Hopefully you're right and I'm wrong.