[Fuelburns2]

First of all, I'm 20 years old. That precludes any purchase from a FFL of any handguns. I can legally purchase from a private seller. My handguns that I own now have all been purchased from a private seller and were registered as is the law.

That said, is it legal for me to purchase a handgun from a private seller who is not local, and have a FFL receive it for me? I can't have anything shipped to my house directly so even a shotgun would have to be received from a FFL and I would pay a transfer fee. I don't believe that this is considered purchasing from a FFL but I need to know what the law says. I need a reliable semiauto for bowling pin shooting and the Baby Desert Eagle sounds like the ticket, but I don't know anyone locally who has one to sell.

I could just wait a few months but I'm not a patient person. More importantly, this question has been on my mind for a long time and I really want to know.

 

[Paul F.]

Brother, you may buy guns from private persons and have them shipped to an FFL. It is the seller's name on the permit to purchase that counts. :wink:

 

[uglydog]

I beg to differ with Paul on this one. My FFL holder can not transfer or sell a handgun to anyone under 21 YOA. The process is that he must recieve the gun, acknowledge reciept and add it to his inventory it before passing it on to someone else. Being in his inventory he needs to show it has been recieved by someone else which requires a 4473 and NCIS check. Since the FFL holder has to give the 4473 info and type of gun to the FBI in the NCIS check, this transaction would be denied and a visit from BATFE could be expected.
Sorry Fuelburns2, it looks like you'll have to wait or find a private party.

 

[Fuelburns2]

Uglydog, just curious but what state are you in? I think your laws may vary slightly. In Michigan we go to the police station and get a permit to purchase. This includes a background check and is followed by registration after the purchase. It sounds like your process is different.

Is it just me or are gun laws ridiculously complicated? It seems that buying from a private party and having a FFL receive shipment would be classified as a private party transaction. The payment for the firearm goes to the private owner, not the FFL. The only money made by the FFL is by the transfer fee, which is not the price of the gun. It sounds like the problem is that the dealer may or may not be required to add the gun to his inventory. I don't see why he would, all he is doing is receiving it.

I'm inclined to go with Paul because I like his answer better but that doesn't mean I can do it.

How is the purchase permit situation handled long distance? Would I have to mail it out?

 

[b540glenn]

Uglydog, just curious but what state are you in? ...

Is it just me or are gun laws ridiculously complicated? ...

It doesn't matter what state he is in. It's federal law that prohibits an FFL holder to transfer a handgun to a person under 21.

http://www.atf.gov/firearms/faq/faq2.htm#f6
"(F6) Does a customer have to be a certain age to buy firearms or ammunition from a licensee?

Yes. Longguns and longgun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some state and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If state law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement. [18 U. S. C. 922( b)( 1), 27 CFR 178.99( b)] "

Yes, they are overly complicated.

 

[uglydog]

An FFL holder MUST sign into inventory any gun he recieves regardless of who pays for it and when as it is a requirement of the BATFE. Therefore, the FFL holder would be in violation of Federal law if he were to transfer a handgun over to you. This supercedes all state laws. He must also have a 4473 filled out if the gun changes hands as the gun is listed as being in his possession.
As for differences in how a gun is purchased, there are variation between the states and even within some states. This can be quite onerous. The background checks may be done by the state or the FBI depending on the firearm and/or seller. A permit to purchase from local law enforcement was needed for handguns but now I believe that is covered by the NCIS check at the time of sale. I'm not sure about this as I am a licensed police officer and my POST board number suffices for a purchase permit.

 

[Fuelburns2]

Patience is a virtue I suppose.

Thanks for all your replies, even if I didn't like the answer. :wink: It's always better to find out the easy way, ask. Now I have an excuse for a roadtrip!

 

[b540glenn]

I hope your roadtrip is within the state.

http://www.atf.gov/firearms/faq/faq2.htm#b1
(B1) To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. 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( b)( 3), 27 CFR 178.29]

(B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only buy a firearm within the person's own state, except that he or she may buy 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. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

If you have a few hours to kill I would suggest reading this:
MI Firearm Laws

 

[Fuelburns2]

Thanks Glenn, I'm not overly inclined to drive more than an hour in any direction anyways so that isn't much of an issue.

I read the MI Firearm Laws a while back, maybe six months, and it took more than a few hours. Too many darn laws...

I think I'll just wait a few more months, hopefully I'll have more money then anyway.