IMPORTANT QUESTION RE:FFL

[SmallGameAddict]

New one on me, and I wish to comply with NYS law. Guy wants to look at my .22 rifle for sale. Ad says NICS check required. Guy claims to have an FFL. Is sale without NICS check legal? How about it @Bullet Guy? Any input?

 

[Phazer]

New one on me, and I wish to comply with NYS law. Guy wants to look at my .22 rifle for sale. Ad says NICS check required. Guy claims to have an FFL. Is sale without NICS check legal? How about it @BulletGuy? Any input?

(Deleted - was superseded by more informed advice.)

Of course...BulletGuy's advice would be more trustworthy.

 

[cgrutt]

What type of FFL is he? I would think you could ship it to him if he gave you valid FFL documentation (required by USPS to ship) without having a NICS check done. Not sure why handing it to him in person would be any different. If you sold to private individual you would only get a receipt from FFL anyway, you wouldn't (normally) get proof that a NICS check was done on buyer. That's on the FFL.

Edit, if he's an 03 I'd have transfer done through a full FFL with NICS check to be on safe side (assuming gun is not a antique).

 

[SmallGameAddict]

First time I ever had someone interested in one of my firearms for sale, claim to have an FFL. Want to be sure I comply with the law. Every firearm I've sold post SAFE Act private seller-private buyer has gone to and thru local FFL.

 

[cgrutt]

Ask him to send you a copy of his valid license.

 

[SmallGameAddict]

Sent polite copy request thru email. Awaiting response. Not trying to be rude to the guy, but this is business, involves two parties, and the law is the law.

 

[cgrutt]

If he's legit shouldn't have any problem sending you a copy of his license. You can check that it's valid here FFLeZCheck 3.1.2 - Federal Firearms License Search

 

[SmallGameAddict]

If he's legit shouldn't have any problem sending you a copy of his license. You can check that it's valid here FFLeZCheck 3.1.2 - Federal Firearms License Search

Much obliged for all the input. Will post any results. If I never hear from him again, or if he balks, we have our answer.

 

[Gonzobird]

Simple answer.

Unless he is your Dad a NICs check is always required in NYS.

 

[SmallGameAddict]

I could be wrong, but personally I think the guys full of crap, and is at best, trying to weasel out of transfer fee, at worst, prohibited person. If I'm wrong, I will post open apology.

 

[dwa12479]

My guess probably has an 03 C&R and thinks that's good to go, but it's only for C&R eligible firearms. You'd have to go to an 01 FFL with him to be legal.

 

[Eddie Gunks]

If he's legit shouldn't have any problem sending you a copy of his license. You can check that it's valid here FFLeZCheck 3.1.2 - Federal Firearms License Search

Not true. I have a problem sending my ffl. I do not send individuals my license. I will send them the 1st theee and the last 5 and they can look it up on the above link.

If the buyer has an ffl there is no need to do a background check. Juat ask to see his license.

 

[Eddie Gunks]

In New York, sales of firearms must go through an FFL and a NICS check must be performed.

The only exception appears to be long guns being exchanged between first degree dependent relatives that live in the same domicile.

Of course...BulletGuy's advice would be more trustworthy.

The law does not say same domicile. It lists the accepted people that you can transfer to without a bgc.

 

[cgrutt]

Not true. I have a problem sending my ffl. I do not send individuals my license. I will send them the 1st theee and the last 5 and they can look it up on the above link.

If the buyer has an ffl there is no need to do a background check. Juat ask to see his license.

I said if he was legit, LOL.

No seriously that's all well and good but I've never personally had any issues with an FFL sending me copy of their license. USPS requires a copy to ship a rifle to them. Not sure how you get around that or maybe nobody ships to you...

 

[SmallGameAddict]

The law does not say same domicile. It lists the accepted people that you can transfer to without a bgc.

Thank you very much for replying, and your input. So far, no response from buyer.

Not true. I have a problem sending my ffl. I do not send individuals my license. I will send them the 1st theee and the last 5 and they can look it up on the above link.

If the buyer has an ffl there is no need to do a background check. Juat ask to see his license.

 

[SmallGameAddict]

Not true. I have a problem sending my ffl. I do not send individuals my license. I will send them the 1st theee and the last 5 and they can look it up on the above link.

If the buyer has an ffl there is no need to do a background check. Juat ask to see his license.

FFL sent via email (pdf). It's an '03', 'Collector of Curios and Relics'. Assuming good to go, no BGC necessary?

No receipt from him for firearm on some type of business letterhead necessary?

 

[cgrutt]

FFL sent via email (pdf). It's an '03', 'Collector of Curios and Relics'. Assuming good to go, no BGC necessary?

No receipt from him for firearm on some type of business letterhead necessary?

Nope. 03 is only good for antiques (curio and relics).

 

[Gonzobird]

Not good to go. C and R are for collection purpose only.

 

[Gonzobird]

The guy isnfuckokg with you. Play it safe go to a dealer for a NICs don't listen to him.

 

[SmallGameAddict]

Will do. He's a pita.

 

[Eddie Gunks]

I said if he was legit, LOL.

No seriously that's all well and good but I've never personally had any issues with an FFL sending me copy of their license. USPS requires a copy to ship a rifle to them. Not sure how you get around that or maybe nobody ships to you...

Not true.

You can ship a gun by usps to anyone. No paperwork needed. You can not transfer it across state lines. But shipping no problem.

Your PO is lying to you

People ship me guns all the time. I have received 100s from individuals.

 

[cgrutt]

Wouldn't doubt it but I've only shipped rifles out of state and I've only done it a few times. The local PO required copy of FFL that it was being shipped to and actually taped the FFL license to the side of box like a packing slip. Maybe not required by law but that is what the asked me to do. I've also shipped handguns through FFL and have given them a copy of the receiving FFLs license. I think I may have even done this with you (I know I shipped handgun through you don't recall if I gave you copy of FFL that it was going to).

 

[Eddie Gunks]

Wouldn't doubt it but I've only shipped rifles out of state and I've only done it a few times. The local PO required copy of FFL that it was being shipped to and actually taped the FFL license to the side of box like a packing slip. Maybe not required by law but that is what the asked me to do. I've also shipped handguns through FFL and have given them a copy of the receiving FFLs license. I think I may have even done this with you (I know I shipped handgun through you don't recall if I gave you copy of FFL that it was going to).

The rules for shipping a gun by the post office say, do not indicate what is in the box.......so they are breaking the rules by taping the ffl to the box (if it can be seen). So, if you follow their rules and not say it is a gun then they do not know what you are shipping. No hassel no mess. They only ask liqud, fragile, potentially dangerous etc etc. not “wht is in there”. Which should be met with “tool”.” Broom”. Etc etc.

If I need to ship a firearm to another dealer I need his license. Shipping them my license is not required by ATF law. As a matter of fact the ATF does not want you to send licenses in the box. You can see this if you ever bought anything from buds gun shop because they have the cited ATF documentation about not sending the actual FFL. So how’s that?

I think people need to remember what is actually the law and what is actually other peoples miss understanding of the law. Clearly your post office misunderstands the law.

 

[Eddie Gunks]

Here:

 

[cgrutt]

Yeah I get it. They taped it to box like a packing slip you didn't know what it was. And yes, I'm talking about giving the FFL who is shipping the gun a copy of the FFL that it is being shipped to. Not saying the FFL that is sending it has to give a copy.

The rules for ahipping a gun by the post office says do not indicate what is in the box.......so they are breaking the rules by taping the ffl to the box (if it can be seen). So, if you follow their rules and not say it is a gun then they do not know what you are shipping. No hassel no mess. They only ask liqud, fragile, potentially dangerous etc etc. not “wht is in there”. Which should be met with “tool”.” Broom”. Etc etc.

If I need to ship a firearm to another dealer I need his license. Shipping them my license is not required by ATF law. As a matter of fact the ATF does not want you to send licenses in the box. You can see this if you ever bought anything from buds gun shop because they have the cited ATF documentation about not sending the actual FFL. So how’s that?

I think people need to remember what is actually the law and what is actually other peoples miss understanding of the law. Clearly your post office misunderstands the law.

 

[dwa12479]

My guess probably has an 03 C&R and thinks that's good to go, but it's only for C&R eligible firearms. You'd have to go to an 01 FFL with him to be legal.

FFL sent via email (pdf). It's an '03', 'Collector of Curios and Relics'. Assuming good to go, no BGC necessary?

No receipt from him for firearm on some type of business letterhead necessary?

Bazinga! Called it!! NOT GOOD TO GO.

Sell to him ONLY if he'll meet you at a tried and true 01 FFL dealer and do a 3rd party NICS check if you want to remain NY ridiculous legal. If not, tell him to pound sand.

 

[SmallGameAddict]

Lol...up here we say 'pound salt'

 

[SmallGameAddict]

E-mail sent insisting transaction be completed at an '01' FFL with NICS bgc in order to legally transfer firearm to him under NYS law. Thanks for the replies and input! I'll post final results, although it's not exactly pulse-pounding suspense.

 

[Darth]

How far we have fallen.

 

[SmallGameAddict]

Truth. Everything's a production. Used to buy guns cheap at yard sales.