want to sell a gun, how to?

[RLadd21]

[Billjr]

[MitchSchaft]

[f5fstop]

You can't sell a hangun to someone from another state, unless it is via an FFL transfer.
If you ship it out of state (you cannot use the USPS, but you can ship via FedEx or UPS) it must be shipped to an FFL in the state the person lives.
The person cannot travel to your state and purchase the handgun. Title 18, Sec. 922A (3) (5).
Sec. 922. - Unlawful acts
(a) It shall be unlawful -

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

(B)the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Note, I left out all the paragraphs that did not pertain to the original question.

[JWnKnox]

[quote="MitchSchaft"]If he drives down you can sell it to him. You just can't mail it to him. Also, if he lives in TN you can't mail it to him either.[/quote]

You CANNOT sale or transfer a firearm to someone who lives in another state. This has been illegal since the Gun Control Act of 1968.

You CANNOT travel to another state to purchase or receive a firearm, also illegal since the GCA '68.

Inheritance is another issue.

[MitchSchaft]

Oops. I'm glad we have other folks here who know what they're talking about .
So what happens when you go to a flea market out of state and want to purchase a firearm?

[f5fstop]

[MitchSchaft]

[f5fstop]

This is getting out of hand. My original reply was for the person, living in TN, who wanted to know about selling a gun to a resident of KY.
You had answered the original post saying if the person drives down (from KY) you can sell it to him. I then posted information from Title 18 which says you cannot do this, legally. It has to go through an FFL.

Then someone says you CANNOT sell a handgun to a person in another state. That is when I posted the information from the ATF site on how you can legally sell a handgun to a person in another state; yes, it was stated by FedEx or UPS; however, you can drive to the other state, and present it to an FFL.

To summarize:
You can sell a handgun, across state lines, as long as it is processed through an FFL in the state the purchaser lives in.

It is legal for a resident of TN to sell a handgun to another resident of TN, without going through an FFL. I cannot say this is true for all states, since some states may outlaw this practice. (I would guess that states like IL, MA, NJ, NY, CA, do have some sort of law that would prevent you from selling a handgun to your neighbor, but I do no know for sure.)

Hope this clarifies what I have been saying.

[Billjr]

F5Fstop,

I think what mitchschaft is asking is...If you advertise a gun for sale in your local newspaper or thrifty nickel and someones calls and says they want to buy your gun, you meet them and they give you the cash. As the seller, do you have to verify that they live in TN? Can you take their word or do you have to check their drivers license?

Thanks

Bill, Jr

[MitchSchaft]

There, now it's back in hand .

[f5fstop]