Private Handgun Purchase from out of state question

TriggerMan · Jan 21, 2021

Long story short, my Dad lives in WV and I'm in SC. I'm going to buy a handgun from him and trying to figure out the correct legal process for the transfer. I've tried looking online but having found a clear explanation.

I would venture to guess he can bring the gun down here when he comes to visit and we can go to a dealer and do a FFL transfer. Is that the process, or are there issues because he's a WV resident and selling the gun out of state?

fordnut · Jan 27, 2021

You can not carry a handgun across state lines for purpose of selling or giving it away.
Only legal way is to transfer it from one FFL dealer to another.
Your father needs to find a local FFL that will send the gun to a FFL in SC.
Then, you go to that dealer and fill out the forms and obtain your handgun legally.
This is the only way to obtain it legally.

TriggerMan · Jan 27, 2021

After posting I actually stopped by a FFL and he told me different. He said he could ship from an FFL or bring it with him when he comes to visit. He will check it in and then transfer to me.

ATF seems to back this up.
"An unlicensed individual may complete a transfer to an out-of-state person through the following procedure:

The unlicensed individual transfers the firearm to a federal firearms licensee (FFL) located in the state of the person receiving the firearm."

They also say " An unlicensed individual may transfer firearms directly to FFL's operating in any state."

So looks like there's no need for it to be shipped from an FFL. ATF allows an unlicensed person to ship to any FFL from what I've read. I was initially confused because it's worded everywhere that it has to be shipped from an FFL in one state to an FFL in another which doesn't seem to be the case.
Below is where I found the info from the ATF.
www.atf.gov/file/58681/download

Howland · Jan 28, 2021

Just make sure your FFL will accept a firearm shipped from a private party first. Some may only accept firearm shipments from their distributors or other FFLs, especially if no arrangements have been made ahead of time.