Georgia/Federal Law interpretation??

[inkdaddy]

According to the ATF an unlicensed individual who can legally own/purchase a firearm can sell and ship via the USPS a rifle or shotgun to another unlicensed individual who is of the same state residence and has no knowledge that the recipient individual is prohibited from owning/purchasing a firearm.

Now comes the rub. a Georgia resident who is "legal" wants to sell and ship to me a rifle. I am a Georgia resident and I hold a valid GWCL. I am traveling with my wife and we are currently visiting my daughter here in North Carolina for the next several months. Can this person still ship to me as a valid Georgia resident even though I am currently not in Georgia??

Ready.......Set........Go!!!!!

 

[SpeedyR]

so you want the person to ship the rifle to an address is NC but sent to a GA resident, correct?

just trying to get a clear understanding.

not a lawyer and not up on all of my ATF but I'd be in the "negative ghost rider" to shipping the rifle out of state, even if it is to a GA resident. I guess you could ship it to a local FFL in NC and have them transfer it if you really wanted it ASAP.

 

[poopdaddy]

nope
it crosses state lines...the address on the package would be NC,not GA. if you gotta have it,drive back to GA or just drive down and get it...

 

[WC1911guy]

It's not about you specifically, it's about the address with regards to shipping. Crossing State lines changes things. So they can ship to your home in GA but they can't ship to an out of State address regardless of who's there to receive it.

 

[inkdaddy]

so you want the person to ship the rifle to an address is NC but sent to a GA resident, correct?

just trying to get a clear understanding.

not a lawyer and not up on all of my ATF but I'd be in the "negative ghost rider" to shipping the rifle out of state, even if it is to a GA resident. I guess you could ship it to a local FFL in NC and have them transfer it if you really wanted it ASAP.

Yes that is correct

 

[GAgunLAWbooklet]

I don't feel like doing the research on this, and I'm not sure there IS a definitive answer to be found even if I looked.

But I say it's too risky. Too much of a chance that during the time you're spending "several months" in Georgia, ATF would no longer consider you a "resident" of Georgia during that time, and that combined with having the gun shipped to your NC address rather than your home address, it doesn't pass the SMELL TEST. Something smells fishy about this-- or at least it would to a federal cop or ATF agent.

If it's a rifle, you can buy LONG GUNS from any gun dealership in any state, absent some state law restricting that. GA has no such restrictions, and I have never heard NC did either. So, I suggest you spend $25 to pay a local FFL in NC to receive shipment of that rifle for you, and you pick it up in person there, in NC, filling out the Form 4473 with your GA address and showing your GA identification. Keep the gun with you until your vacation / visit is over and bring it back to GA as your personal property.

 

[gh1950]

According to the ATF an unlicensed individual who can legally own/purchase a firearm can sell and ship via the USPS a rifle or shotgun to another unlicensed individual who is of the same state residence and has no knowledge that the recipient individual is prohibited from owning/purchasing a firearm.

Now comes the rub. a Georgia resident who is "legal" wants to sell and ship to me a rifle. I am a Georgia resident and I hold a valid GWCL. I am traveling with my wife and we are currently visiting my daughter here in North Carolina for the next several months. Can this person still ship to me as a valid Georgia resident even though I am currently not in Georgia??

Ready.......Set........Go!!!!!

How are you getting your mail for these next several months?

If you have a forwarding order with the PO, have the gun shipped to your house and forwarded.

This may be the one case where a BOS is worth something. If the Seller enclosed a BOS with your name and home address, it would be clear what the transaction is.

ATF specifically allows you to ship a gun to yourself out of state, and functionally, that is what you are doing if it is forwarded.

 

[inkdaddy]

How are you getting your mail for these next several months?

If you have a forwarding order with the PO, have the gun shipped to your house and forwarded.

This may be the one case where a BOS is worth something. If the Seller enclosed a BOS with your name and home address, it would be clear what the transaction is.

ATF specifically allows you to ship a gun to yourself out of state, and functionally, that is what you are doing if it is forwarded.

Mail is coming to our daughter's address

 

[Seabass19x]

ATF specifically allows you to ship a gun to yourself out of state, and functionally, that is what you are doing if it is forwarded.

Nowhere can I find information stating that mail forwarding is the same as mailing something to yourself.

Forwarded or not, the package would originally come from someone other than yourself thus making it illegal for the gun to cross state lines unless it goes through an FFL first.

That forwarding logic is a grey area at best and not something I'd be willing to bet my freedom on.

 

[spencer60]

No matter what, the gun is being shipped across state lines without an FFL in between. That's illegal, end of story.

The only exception I'm aware of is that you can ship a firearm to yourself in a different state if it's shipped 'in care of' a second party (say a hunting lodge, or even a friendly FFL). Since the trustee has no right to open the package, you are technically mailing it to yourself. The ATF is fine with that.

That's not what's happening here though. You don't own the gun to begin with, and you aren't the one shipping it. It's a transfer across state lines so it would definitely need an FFL at the NC side.