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Shotgun sale to out of state resident

960 views 11 replies 10 participants last post by  stoolshooter 
#1 ·
I am planning to sell a semi auto hunting shotgun through a face-to-face transaction (occurring in PA) to a New York State resident. What do I have to do to make sure this is a legal transaction? I have called 3 FFLs and received 3 different answers ranging from no transfer is required because it is a long gun, to the transfer can occur in PA, to the gun must be shipped to a NY FFL for a transfer.
 
#2 · (Edited)
I'm no lawyer, That's still a interstate transfer because the two of you a are residents of different states. I would think an FFL is require. Person could be felon and may not allow to own guns? Rules can be mind boggling from State to State, Some say it's ok if the States are next to each other, Others say no. Being NY that has some strict laws towards guns I would have him ask a FFL person in NY.
 
#5 ·
By federal law an interstate sale of long gun MUST be transferred thru an FFL, FFL transfer can legally be done in either state, but the transfer MUST comply with the state's law for the FFL and also the buyer's state. A Pa FFL may not be familiar with NY law and be reluctant to do the transfer to not violate NY law. If so, best course of action is to have the gun transferred at an FFL in New York, either ship it or take it there.
 
#9 · (Edited)
There is a Federal regulation regarding a contiguous state but it may involve agreements between the individual states.

I know a citizen from PA can buy a gun in DE. I do not know if there is an agreement with NYS. If there is an agreement your buyer could meet you at an FFL in PA and make the purchase. If there is no agreement he will need to buy it through an FFL in NY.
 
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#10 · (Edited)
An interstate sale of a long gun can be handled by an FFL in ANY state. The transfer could take place in a state where neither party resides. If you have 2 people in Florida for the winter, one from Iowa and another Kansas, they can transfer a long gun at an FFL in Florida. As long as the sale meets the requirements of Florida and the state of the buyer. Handguns are different and must be transferred in the state of residence.

Keep in mind FFL stands for Federal Firearms License, not granted by the state.
 
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