If a transaction includes both a BUYER and SELLER from the state of Alabama, then no paperwork is required AS LONG AS THE SELLER DOES NOT HAVE ANY REASON TO SUSPECT THAT THE BUYER IS NOT LEGALLY ABLE TO POSSESS THE FIREARM. Most people in the legal profession will strongly suggest that when selling a firearm Face-to-Face to an individual, you ask to see their driver's license to verify that they are a resident of the same state that you reside in. They typically also suggest a simple affidavit and bill of sale stating something like the following (copy and paste to print, then both parties should sign):

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FIREARM BILL OF SALE

I, _______________________________________ of ______________________, AL, do hereby sell and transfer legal possession and ownership of the below firearm to the buyer in consideration of the total sum of $___________. Buyer assumes all legal responsibility for this transaction, and by signing below, affirms that they are also a legal resident of Alabama and that it is legal for them to buy and possess the firearm. No warranties are either expressed or implied. Buyer is to use the firearm at their own discretion and risk as the seller hereby terminates all legal and physical control of the firearm by signing below.

Firearm Type:______________________

Firearm Make:______________________

Firearm Model:_____________________

Firearm S/N:_______________________

Firearm Caliber:___________________




Buyer: ________________________________ Date:_________ ALDL#: ________________________________



Seller: ________________________________ Date:_________ ALDL#: ________________________________



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However, if the buyer and seller do NOT reside in the same state, then FEDERAL LAW applies for interstate transactions involving a firearm.

Direct from the ATF website: "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."

http://www.atf.gov/contact/faq/

In the past, I have sold a HANDGUN Face-To-Face to someone who was a resident of Florida.

However, I would not under any circumstances sell the handgun to them w/o having a FFL run their paperwork. I insisted, even though it almost cost me the sale due to the increased cost of the transaction fee.

They were not happy, but they went through with the purchase anyway.

Also worth noting, I drove the gun to their dealer in Pensacola, then gave it to the dealer for the transfer as the buyer gave me the cash for the purchase. That's the ONLY legal way to sell a gun to a resident of another state in a Face-To-Face situation.

The Buyer CANNOT drive to you and leave w/ the firearm - they MUST take delivery of the weapon in their own state.

If they drive to you, then you must still complete the transaction at an FFL dealer so that it can be shipped legally, then that dealer must ship the weapon to a dealer in the buyer's state, where the buyer has to go complete their paperwork and take possession of the weapon.

There is no legal way around it. PERIOD. It's an interstate transaction, so Federal Laws apply.

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Here's some good info from the ATF website:

http://www.atf.gov/contact/faq/

(B1) To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.


(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.


(B16) What record-keeping 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. See also Question B3.

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If you ever have any questions about a potential sale or purchase, please be very careful since a conviction on some of the charges for illegal gun sales will render you a felon and strip you of all rights to posses either a firearm or ammunition. Don't be stupid. If you can't get a straight answer from the ATF website regarding a transaction, feel free to contact an attorney (several on here) and you can also contact someone with the Attorney General office in your state for further clarification.

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Last edited by bamachem; 03/01/13 09:46 AM.

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