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TacticalGenius
02-11-2008, 11:03
Hey everyone,

I would like to sell a Benelli SuperNova 12ga shotgun, but not sure on how to handle the process if someone out of state (WA) wants to buy it. In my state I have to write a bill of sale with driver license numbers and names with both signatures to make it legal. Is that the same process to follow if someone from another state were to buy the shotgun? Or is there some other steps that need to be followed? Like do I need to ship to your local FFL? I just want to make 100% sure I do this totally legal. Thanks for the help in advance.

TG

Walkenbear
02-11-2008, 14:58
As I understand it it is only legal to sell/transfer a long arm or pistol to a person who resides in your own state, in a face to face transfer.
See below ATF regs.

In my state I have to write a bill of sale with driver license numbers and names with both signatures to make it legal. Good idea, but is that a Washington State regulation/requirement, where did you find out about that?
I couldn't find anything in WA regs about writeing a bill of sale with driver license numbers and names with both signatures to make it legal. only:
RCW 9.41.080 (http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.080)

Delivery to ineligible persons.


No person may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 (http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.040) to possess a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 (http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.20) RCW.
[1994 sp.s. c 7 § 409; 1935 c 172 § 8; RRS § 2516-8.]



This is from the ATF sight (http://www.atf.gov/firearms/faq/faq2.htm#b2)

B. UNLICENSED PERSONS



(B1) To whom may an unlicensed person transfer firearms under the GCA?
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 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]


[B](B2) From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


[B](B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back (http://javascript%3Cb%3E%3C/b%3E:history.back%281%29)]
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

L8R
W B
:usa:

TacticalGenius
02-11-2008, 16:27
As I understand it it is only legal to sell/transfer a long arm or pistol to a person who resides in your own state, in a face to face transfer.
See below ATF regs.

Good idea, but is that a Washington State regulation/requirement, where did you find out about that?
I couldn't find anything in WA regs about writeing a bill of sale with driver license numbers and names with both signatures to make it legal. only:
RCW 9.41.080 (http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.080)
:usa:

That is how I sold my Glock to a guy that worked at a gunshop, and a buddy of mine who is a gun FREAK said that is the process that needs to be followed for a sale of a firearm from private party to private party.

Thanks for the information. It looks like I am going to have sell the gun in state to someone. I don't want to sell it to a gun shop because they will screw me on the deal, so to get max value I will have to sell to a private party.


TG

Walkenbear
02-12-2008, 18:29
Here is a site that may help you out, it was posted by oldcars a perfectunion member some time ago. It seems geared for Washington & Oregon residents.
As far as I know it is a free to advertise site.

www.outdoorstrader.com (http://www.outdoorstrader.com/)

It's had some 50,000+ visitors so far.

Best o' Luck
W B
:usa:

JasonAC556
02-12-2008, 20:45
It is perfectly legal to sell to anyone out of state. You just have to arrange for the firearm to be shipped to a licensed dealer in the buyers home state (see Walkenbears post, paragraph B3 above).

All you need to do is to mail the buyer your bill of sale to sign and then ship it to his FFL. Just get the buyer to mail you a copy of the receiving dealers FFL and you are good to go. You can ship firearms directly to his FFL Via UPS.

I buy and sell a lot of guns across state lines. It is no big deal and is really easy. If you are not comfortable with this, then you can also arrange for your local gunshop to ship FFL to FFL to your buyer. That might cost you (or the buyer) an extra $30 or so depending on the dealer.

Hope this helps.

TacticalGenius
02-13-2008, 10:29
Thanks for the tips guys, it really helps me out. Take care.

TG