Can you trust answers from ATF Field Office?

[Chunkychuck]

Just talked to someone at the ST Paul ATF Office about a long gun purchase from Wisconsin. I read him the following from the ATF FAQ's.

Q: 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?

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.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

He said that applied only if I was purchasing from a licensed person. If I was purchasing from a private party I didn't need to do anything. As I read the answer it says "out-of-State source". It doesn't say licensed or not. I repeated the question in a different way to see if I got the same response and I did. He said it is confusing but long gun private party sales do not need to go through FFL. Any comments or help from anyone is appreciated.

[Bessy]

Just talked to someone at the ST Paul ATF Office about a long gun purchase from Wisconsin. I read him the following from the ATF FAQ's.

Q: 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?

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.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

He said that applied only if I was purchasing from a licensed person. If I was purchasing from a private party I didn't need to do anything. As I read the answer it says "out-of-State source". It doesn't say licensed or not. I repeated the question in a different way to see if I got the same response and I did. He said it is confusing but long gun private party sales do not need to go through FFL. Any comments or help from anyone is appreciated.

When dealing with the atf, always ALWAYS ALWAYS get answers to your questions in writing signed by the agent. YMMV.

[justaguy]

When dealing with the atf, always ALWAYS ALWAYS get answers to your questions in writing signed by the agent. YMMV.

In triplicate......

[LarryFlew]

FWIW my nephew purchased a rifle at a shop in Eau Claire, Wisconsin and there was no transfer. They just asked for his MN drivers license. So I wonder about state to bordering state sales being different even from dealers??

No idea of the legality but I doubt they would take any chances of losing their licenses


Since there is no actual registration of firearms anyway...........................

[David]

I've purchased long-guns from dealers in Wisconsin, and it was always handled the same way it is here. Driver's license is all that was necessary. No transfer to a dealer here.

Pistols from a dealer, obviously, require using an FFL in your state. Was the agent including rifles in his statement to you (the dealer part, not the private party part), or were you specifically talking about pistols/"assault" weapons? Just curious.

[Chunkychuck]

I've purchased long-guns from dealers in Wisconsin, and it was always handled the same way it is here. Driver's license is all that was necessary. No transfer to a dealer here.

Pistols from a dealer, obviously, require using an FFL in your state. Was the agent including rifles in his statement to you (the dealer part, not the private party part), or were you specifically talking about pistols/"assault" weapons? Just curious.

I was asking about long guns only. He stated handguns and assault rifles required a dealer.

[45Badger]

I was asking about long guns only. He stated handguns and assault rifles required a dealer.

Bull fecal matter. Federal Law makes no distinction on type of long gun. Minnesota might

Federal statute in layman's terms- Any non prohibited person may buy a long gun in any gun store/shop in the US. You need to fill out a 4473. State laws vary, but VAST majority follow federal law.

Are you buying gun from dealer or private seller?

[Chunkychuck]

Are you buying gun from dealer or private seller?

private seller

[45Badger]

I have received conflicting info from ATF office in Harrisburg, PA. One agent told me FTF OK in bordering states as long as both parties comply with both states laws. Another said "no". Internet consensus (check out TFL, THR, etc) is that the answer is "no". If seller is friend or relative, I would probably just do it. If seller unknown, the $20 for a transfer is probably worth the peace of mind.

Almost forgot! You can do the transfer in WI.

[Chunkychuck]

Just talked to someone at the ST Paul ATF Office about a long gun purchase from Wisconsin. I read him the following from the ATF FAQ's.

Q: 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?

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.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

He said that applied only if I was purchasing from a licensed person. If I was purchasing from a private party I didn't need to do anything. As I read the answer it says "out-of-State source". It doesn't say licensed or not. I repeated the question in a different way to see if I got the same response and I did. He said it is confusing but long gun private party sales do not need to go through FFL. Any comments or help from anyone is appreciated.

When dealing with the atf, always ALWAYS ALWAYS get answers to your questions in writing signed by the agent. YMMV.

Got this in the e-mail today.

Here is the information that you need:



What recordkeeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require

any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private

individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms

licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not

knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C.

§§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney

General for information on any such requirements.





Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be

shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping.



Which FFLS have you talked to? Would like to let them know that it is a requirement for out of state purchases. If you have any more questions, please contact us.



Thank you,

Linda L. Pollard