Firearm selling question

[mjcek]

hey guys i have a question...

I was talking to one of my friends who is still in college and he told me that he had bought a Glock just for target shooting or whatever...Well, he decided that he coulda spent his money on something better than a gun that he rarely used so he went onto one of those gun forums and posted his Glock for sale. He found a buyer and just shipped the Glock to him (disassembled). Thing is, he mailed it to another state no transfer or anything. Apparently he had no clue you had to transfer through an FFL if sendin to another state. (At least I think thats what you need to do) :o

Anyways, Is there anything he can do or is it too late? I dont even think he has the guys name/address anymore...

Thanks!

[trackstar16]

The friend didn't at least barcode the mail???? If he did and kept his portion of the barcode a cooperative postal employee can ascertain the address sent to...

Don't know gun laws but I'd be hoping nobody commits a crime using the firearm.

[BuMan]

If he doesn't have the information, then he's pretty much SOL. And if the person on the other end is a criminal or the gun eventually ends up in the hands of a criminal, then he's really in for some fun times if it turns up in an investigation. That's why I always recommend going through a FFL, whether it's an in-state or out-of-state transfer, whether it's to your best friend or a complete stranger and getting the documentation done for peace of mind. That way, if the gun turns up in a criminal investigation, you can point to the time/date it was transferred and the dealer can verify it. No problems. Considering that you could become the target of an investigation if the firearm were improperly transferred, the $20-30 that a FFL charges for the transfer is kind of like an insurance premium. I also keep a copy of the documentation on any firearms sales (a sales receipt documenting who it was sold to and when it was sold and a photocopy of the driver's license or other ID - as a backup to the FFLs records.).

[Lupey]

Bottom line is your friend broke the law. He was required by federal law to go thru an FFL when shipping a firearm out of state. He very well could have also broken state law (NH there is no FFL needed IN STATE, on private sales, if the buyer is personally known to the seller). He owns that gun and if it is used in a criminal act, there will be knocking on his door.

Sec. 922. Unlawful acts

(a) It shall be unlawful:

<snip>

(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, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

<snip>

(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;

[JSavage]

Lupey hit the nail on the head (nice quoting for T. 18 might I add). It is illegal to send any firearm by mail. It may only be shipped FFL to FFL between states. I would suggest you could obtain real clear advice from K9COPTO1811 as he works for ATF. If there is a way to make this right, I think he would know.

Jim

[k9cop21811]

It's a five year felony, not to mention conspiracy and mail fraud (LOL)!!!! :D
OK, OK, nobody get too excited. I'm kidding. Sort of, that is. The problem is the fact that mjcek's "friend" doesn't even know who he sold the firearm to. So, any attemt to "make it right" is going to go by the wayside since doing so would require, at the very least, having the purchaser go to an FFL (if you could get one to even assist you at this point) and fill out an ATF Form 4473 (Firearms Transaction Record). That would show good faith on the part of the seller, even if it is after-the-fact. It still doesn't change the fact that the law was broken, however. That's not the situation here though.

One possibility is for the seller to contact his local ATF office and report the fact this transaction took place (to include all the information on the firearm, i.e. make, model, SN). I would write down who I spoke with and what was discussed and keep it for future reference (I can't stress this part enough). This move also shows good faith on the part of the seller in the event that firearm turns up in a crime. Again, it doesn't change the fact that the crime was committed, but at this point, nothing can.

[mjcek]

Thanks for the input!!!!