Selling a gun to my brother-in-law in CO [Archive] - Glock Talk

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jcbarlow
03-04-2008, 12:11
I am selling one of my guns to my brother-in-law who lives in CO. Anything I need to know before we make the transaction? Any forms to fill out? I don't think either state registers guns to owners, but I thought I would just ask for any tips. Thanks.

StoneColdSober
03-04-2008, 13:14
My understanding is that any transfer has to go through an FFL if the other person is from another state. It is illegal to do a FTF transfer with a party that is a resident of another state. The problem with that is that if it is a handgun the transfer will have to happen in CO as he will not be allowed to do the transfer in Utah. If it is a rifle he probably can do it through an FFL here in Utah.

Either way I am sure they will require a background check.

- SCS

jcbarlow
03-04-2008, 14:08
My understanding is that any transfer has to go through an FFL if the other person is from another state. It is illegal to do a FTF transfer with a party that is a resident of another state. The problem with that is that if it is a handgun the transfer will have to happen in CO as he will not be allowed to do the transfer in Utah. If it is a rifle he probably can do it through an FFL here in Utah.

Either way I am sure they will require a background check.

- SCS

Could you point me to a website or anything that would spell out the process and perhaps show authority on this?

StoneColdSober
03-04-2008, 14:31
Transfer of Firearms - http://atf.treas.gov/firearms/faq/faq2.htm#b1

This specifically addresses the situation you are asking about. It also gives the cite for the specific Federal regulations that cover the transfers.

Additionally, I understand this individual is your brother-in-law but if it were me I would make sure a background check is run that way you reduce your legal liability should it turn out he isn't allowed to possess a gun. YMMV

- SCS

Edit: A copy of the exact code can be found here: http://www.law.cornell.edu/uscode/18/922.html. My basic reading confirms what is on the ATF site.

Hope that helps.

jcbarlow
03-04-2008, 15:12
Thanks for your help.

StoneColdSober
03-04-2008, 15:27
No problem. I neglected to answer your question about "the process." This was in part due to the fact that I don't know if it is a handgun or a rifle/shotgun. The process is going to be different depending on the type of gun.

If it is a handgun, the easiest thing (not necessarily the cheapest) is to have your FFL send the gun to your brother-in-law's FFL. The reason for this is that it is my understanding that, although not required, many FFL's will not accept shipments from private parties, they want the handgun to come from another FFL. This is a bit of CYA on FFL's part.

If it is a rifle/shotgun, you would need to find a local FFL to do the transfer. I don't know how easy or hard that is. But then you and your brother-in-law would both go to the FFL, fill out the appropriate paperwork, pay the FFL their transfer fee, wait for the background check to come back and you are done.

I could be wrong on all of the above but that is my understanding. YMMV

- SCS