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no but keep it up and you might be.........you must be a bottom feeder


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For those Campfire members unsure about shipping items to Canada from the US,the basic list of items that are forbidden for export to Canada without export documentation includes firearms and firearms parts(barrels,triggers,etc.), scopes, and reloading components(bullets,brass,primers).Items that are no problem to ship include binos,spotting scopes.rangefinders and reloading tools(dies,presses,etc.)This is not a complte list of course,but it covers the basics,I don't want to see a Campfire guy get spanked just because he doesn't understand the idiotic US Export laws.I hope this helps,Cheers....Monashee


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If I'm not a FFL I know I can send a rifle to a FFL or C&R holder (if the rifle is C&R obviously) but what if the person getting the rifle decides they don't want the gun during a mutually agreed upon 3 day inspection? Can that person with an FFL or C&R ship the gun back to me (again I do not have a FFL or C&R) or does he need to send it to a FFL?

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Originally Posted by reelman
If I'm not a FFL I know I can send a rifle to a FFL or C&R holder (if the rifle is C&R obviously) but what if the person getting the rifle decides they don't want the gun during a mutually agreed upon 3 day inspection? Can that person with an FFL or C&R ship the gun back to me (again I do not have a FFL or C&R) or does he need to send it to a FFL?
If a transfer has taken place, i.e. the gun was logged into the books and a NICS check was completed, then the deal has been consummated. These are terms you'll want to spell out to your buyer.

If no actual transfer has occurred, then yes, the firearm may be returned directly to you (the non-FFL holder).


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Originally Posted by safariman
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The Encore action is a multi configuration action. If it is assembled as a black powder rifle can it be shipped directly to my address?


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Originally Posted by John_Boy
The Encore action is a multi configuration action. If it is assembled as a black powder rifle can it be shipped directly to my address?
I seem to recall the Encore is still regulated under the '68 GCA as a firearm due to its ability to be reconfigured as a cartridge firearm. It is generally recognized as a muzzleloader when in muzzleloader configuration for various states' muzzleloader or "primitive" firearms seasons. (States such as PA excepted.)

I saw a ruling from the BATFE on this once and will post it if I can locate it.


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Originally Posted by safariman
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This may not be exactly what BT is referring to, but it covers the bases. From the www.atf.gov site:

Q: What qualifies as an antique firearm?
As defined in 18 U.S.C. � 921(a)(16) the term �antique firearm� means �


any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
any replica of any firearm described in subparagraph (A) if such replica �
is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term �antique firearm� shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon, which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
[b][u][u][u]ATF has previously determined that certain muzzle loading models are firearms and subject to the provisions of the Gun Control Act of 1968 (GCA). All of these guns incorporate the frame or receiver of a firearm that is capable of accepting other barrels designed to fire conventional rimfire or centerfire fixed ammunition. Therefore, these muzzle loading models do not meet the definition of �antique firearm� as that term is defined in the above-cited � 921(a)(16) and are �firearms� as defined in 18 U.S.C. � 921(a)(3)

Furthermore, as firearms, the models described above, as well as other similar models, regardless of installed barrel type, are subject to all provisions of the GCA. Persons who purchase these firearms from licensed dealers are required to fill out ATF Form 4473 and are subject to a National Instant Background Check System (NICS) check. Convicted felons and certain other persons are prohibited from receiving and possessing these firearms.

The following is a list of weapons that load from the muzzle and remain classified as firearms, not antiques, under the purview of the GCA since they incorporate the frame or receiver of a firearm:

Savage Model 10ML (early, 1st version).
Mossberg 500 shotgun with muzzle loading barrel.
Remington 870 shotgun with muzzle loading barrel.
Mauser 98 rifle with muzzle loading barrel.
SKS rifle with muzzle loading barrel
RPB sM10 pistol with muzzle loading barrel.
H&R/New England Firearm Huntsman.
Thompson Center Encore/Contender.
Rossi .50 muzzle loading rifle.
This list is not complete and it frequently changes; therefore, there may be other muzzle loaders also classified as firearms. As noted, any muzzleloader weapon that is built on a firearm frame or receiver falls within the definition of a firearm provided in � 9
21(
a)([[/u]/u]3).[
/u][/b]


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Rick should lock it so it doesn't become a 15 page abortion that guys have to wade through to find the pertinent information.



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Originally Posted by selmer
This may not be exactly what BT is referring to, but it covers the bases. From the www.atf.gov site:

Q: What qualifies as an antique firearm?
As defined in 18 U.S.C. � 921(a)(16) the term �antique firearm� means �


any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
any replica of any firearm described in subparagraph (A) if such replica �
is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term �antique firearm� shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon, which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
[b][u][u][u]ATF has previously determined that certain muzzle loading models are firearms and subject to the provisions of the Gun Control Act of 1968 (GCA). All of these guns incorporate the frame or receiver of a firearm that is capable of accepting other barrels designed to fire conventional rimfire or centerfire fixed ammunition. Therefore, these muzzle loading models do not meet the definition of �antique firearm� as that term is defined in the above-cited � 921(a)(16) and are �firearms� as defined in 18 U.S.C. � 921(a)(3)

Furthermore, as firearms, the models described above, as well as other similar models, regardless of installed barrel type, are subject to all provisions of the GCA. Persons who purchase these firearms from licensed dealers are required to fill out ATF Form 4473 and are subject to a National Instant Background Check System (NICS) check. Convicted felons and certain other persons are prohibited from receiving and possessing these firearms.

The following is a list of weapons that load from the muzzle and remain classified as firearms, not antiques, under the purview of the GCA since they incorporate the frame or receiver of a firearm:

Savage Model 10ML (early, 1st version).
Mossberg 500 shotgun with muzzle loading barrel.
Remington 870 shotgun with muzzle loading barrel.
Mauser 98 rifle with muzzle loading barrel.
SKS rifle with muzzle loading barrel
RPB sM10 pistol with muzzle loading barrel.
H&R/New England Firearm Huntsman.
Thompson Center Encore/Contender.
Rossi .50 muzzle loading rifle.
This list is not complete and it frequently changes; therefore, there may be other muzzle loaders also classified as firearms. As noted, any muzzleloader weapon that is built on a firearm frame or receiver falls within the definition of a firearm provided in � 9
21(
a)([[/u]/u]3).[
/u][/b]
That is correct, but there used to be a ruling on BATFE letterhead that I wanted to post that was slightly more concise. But you have the gist.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
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Originally Posted by Bricktop
Originally Posted by reelman
If I'm not a FFL I know I can send a rifle to a FFL or C&R holder (if the rifle is C&R obviously) but what if the person getting the rifle decides they don't want the gun during a mutually agreed upon 3 day inspection? Can that person with an FFL or C&R ship the gun back to me (again I do not have a FFL or C&R) or does he need to send it to a FFL?
If a transfer has taken place, i.e. the gun was logged into the books and a NICS check was completed, then the deal has been consummated. These are terms you'll want to spell out to your buyer.

If no actual transfer has occurred, then yes, the firearm may be returned directly to you (the non-FFL holder).


Wouldn't the ATF consider a transfer to have taken place when the FFL holder signs for the package from the carrier? At that point it has to be logged in, and any returns would have to go to an FFL if the seller lived in a different state.

Gunsmiths may return repaired firearms to their non-licensee owners and owners may ship their personal firearms to themselves at a different address, but I didn't think anybody else was allowed to ship to a non-licensee.


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Originally Posted by Calhoun
Originally Posted by Bricktop
Originally Posted by reelman
If I'm not a FFL I know I can send a rifle to a FFL or C&R holder (if the rifle is C&R obviously) but what if the person getting the rifle decides they don't want the gun during a mutually agreed upon 3 day inspection? Can that person with an FFL or C&R ship the gun back to me (again I do not have a FFL or C&R) or does he need to send it to a FFL?
If a transfer has taken place, i.e. the gun was logged into the books and a NICS check was completed, then the deal has been consummated. These are terms you'll want to spell out to your buyer.

If no actual transfer has occurred, then yes, the firearm may be returned directly to you (the non-FFL holder).
Wouldn't the ATF consider a transfer to have taken place when the FFL holder signs for the package from the carrier? At that point it has to be logged in, and any returns would have to go to an FFL if the seller lived in a different state.

Gunsmiths may return repaired firearms to their non-licensee owners and owners may ship their personal firearms to themselves at a different address, but I didn't think anybody else was allowed to ship to a non-licensee.
Wrong.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
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Interesting. Which part is wrong? Does the FFL not have to log it in? Or is a FFL allowed to ship a firearm back to it's original owner? Maybe only within a certain time period? Or something else?

ATF are dicks about possession and transfers normally.

As a C&R holder it is something that affects me since I occasionally have non-licensees in other states ship to me.

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Originally Posted by [bleep]
Interesting. Which part is wrong? Does the FFL not have to log it in? Or is a FFL allowed to ship a firearm back to it's original owner? Maybe only within a certain time period? Or something else?

ATF are dicks about possession and transfers normally.

As a C&R holder it is something that affects me since I occasionally have non-licensees in other states ship to me.
How about you pose your questions one at a time instead of this f*cking snowjob bullshit? I just now counted five in your most recent post; I'll assume it's you just behaving like your normal [bleep] self.

Let me clue you in on a little something: the '68 GCA sets the minimum standards for interstate commerce in firearms. There's absolutely nothing in there specifying any time period under which a firearm must be logged upon receipt from a transit agent. Nothing at all. That's you trying to read some bullshit that's not there.

A federal firearms license or a curios and relics license allows the licensee to engage in the interstate commerce of firearms. There's nothing whatsoever designating contractual terms within the '68 GCA, '34 NFA or '86 FOPA. Nothing. Obviously terms of a potential transfer must be met and agreed to by both parties before that can be consummated. Savvy? If the buyer doesn't make satisfactory payment, the seller is not obligated to complete the sale. Likewise, if a seller doesn't make satisfactory delivery of the agreed upon item or items, the buyer isn't obligated to complete the transaction.

The BATFE's legal department is more than happy to detail all of this in a legally-binding determination on official BATFE letterhead in writing if you also make a request in writing.

Somehow I don't think anyone is shipping your deadbeat ass much of anything. You need money to buy things and I sure as hell wouldn't consider any charity for you.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
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Actually, I meant those 5 questions as a list of "which one is wrong", not 5 different questions. Sorry if it looked like I was trying to derail the thread.


I was under the impression that there's actually TWO transfers taking place. The first is from the seller to the FFL, because the FFL is legally allowed to receive firearms via interstate shipping. The second is from the FFL to the local buyer. By federal regulations (27 C.F.R. � 478.125), FFL's have to record acquisitions by the end of the next business day - which I'm stating for clarity since I know you're aware of it.


Let's put it this way, which I think removes all extraneous questions. A non-licensee seller sends a firearm to an FFL in another state to transfer to a non-licensee, and that FFL receives it and logs it into his record book. The receiving FFL calls the buyer the next day and finds out the buyer just got arrested on a felony charge. Obviously the FFL can't transfer it to him.

Can the FFL ship it straight back to the seller's home address?

My thought was that he couldn't since I believe a transfer has already taken place from the seller to the FFL.


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Originally Posted by [bleep]
Actually, I meant those 5 questions as a list of "which one is wrong", not 5 different questions. Sorry if it looked like I was trying to derail the thread.
That's exactly what you're trying to do.


Originally Posted by [bleep]
I was under the impression that there's actually TWO transfers taking place. The first is from the seller to the FFL, because the FFL is legally allowed to receive firearms via interstate shipping. The second is from the FFL to the local buyer. By federal regulations (27 C.F.R. � 478.125), FFL's have to record acquisitions by the end of the next business day - which I'm stating for clarity since I know you're aware of it.


Let's put it this way, which I think removes all extraneous questions. A non-licensee seller sends a firearm to an FFL in another state to transfer to a non-licensee, and that FFL receives it and logs it into his record book. The receiving FFL calls the buyer the next day and finds out the buyer just got arrested on a felony charge. Obviously the FFL can't transfer it to him.

Can the FFL ship it straight back to the seller's home address?

My thought was that he couldn't since I believe a transfer has already taken place from the seller to the FFL.
Are you f*cking serious? This is the kind of bullshit you're wasting everyone's time asking?

There are not "TWO transfers taking place," that's YOU, YET AGAIN TRYING TO READ SOMETHING THAT ISN'T THERE. For the sake of entertaining your horseshit "questions" and VERY obvious attempt at derailing this thread, the disposition of the firearm in your little "scenario" would be returned to owner, just as with a firearm that was repaired or customized by a gunsmith. The FFL holder is the transferor, not transferee. There is NOTHING within the '68 GCA that states otherwise.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
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Again I had to go find the answer myself since you have no clue about actual federal laws or regulations which FFL's have to abide by.

There was a change in the law in 1986 by the Firearms Owner Protection Act which switched the verbiage of shipping firearms from saying only for the purpose of repair or customizing to allowing any firearm to be shipped to it's owner. According to the ORIGINAL GUN CONTROL ACT what I was asking about was illegal. You clueless moron.

Quote
Subsec. (a)(2)(A). Pub. L. 99-308, Sec. 102(2)(B), substituted "licensed dealer, or licensed collector" for "or licensed dealer for the sole purpose of repair or customizing".


The exact statute allowing the return of a firearm to it's owner is 18 U. S. C. 922(a(2)(A).
Quote
(a) It shall be unlawful -
(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that -
(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;


God save us from internet experts, and God help the poor guys who think you really know anything about what you scream about. Even when you're right, you're clueless.


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Originally Posted by [bleep]
Again I had to go find the answer myself since you have no clue about actual federal laws or regulations which FFL's have to abide by.

There was a change in the law in 1986 by the Firearms Owner Protection Act which switched the verbiage of shipping firearms from saying only for the purpose of repair or customizing to allowing any firearm to be shipped to it's owner. According to the ORIGINAL GUN CONTROL ACT what I was asking about was illegal. You clueless moron.

Quote
Subsec. (a)(2)(A). Pub. L. 99-308, Sec. 102(2)(B), substituted "licensed dealer, or licensed collector" for "or licensed dealer for the sole purpose of repair or customizing".


The exact statute allowing the return of a firearm to it's owner is 18 U. S. C. 922(a(2)(A).
Quote
(a) It shall be unlawful -
(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that -
(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;


God save us from internet experts, and God help the poor guys who think you really know anything about what you scream about. Even when you're right, you're clueless.
No, you didn't post a f*cking "right answer," you posted what you want to believe. No legal determinations, no common sense, no nothing. You chose to respond to a question and discussion that occurred over a month ago for no other reason than to get some attention. You've managed to rack up an astounding 19K+ posts in the seven or so years you've been registered here. That says you have a lot of time on your hands, you like to see your words, and you like to feel important. A constant theme I've seen is you post multiple questions and multiple comments and seem to have an expectation of a response that meets whatever personal satisfaction you seek. Anything less and the respondent is "clueless."

As stated previously, the '68 GCA sets minimum standards for interstate firearms commerce. There's not a single thing stating a firearm is prohibited from being returned to the original owner in the event the intended buyer cannot or does not complete the transaction. That's your ignorant f*cking ass trying to create smoke where there's no fire. You are more than welcome to seek a written determination from the BATFE's legal department if you disagree, but I suspect you won't because they won't give you the answer you want nor will they provide you the instant, public gratification you crave.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
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I came here with an honest question about whether I, as a C&R holder, could ship a firearm back to the owner or if I had to ship to an FFL in his state if I returned a firearm. I was hoping you could provide a reasonably complete answer because part of my confusion is from an email exchange I had with ATF. You didn't provide any reasonable answer beyond your normal screaming, cursing and providing nonsensical and vague answers even when I tried to keep a civil exchange going. Unfortunately having an anonymous internet Wikipedia expert googler named Bricktop as a source of information isn't going to work as an affirmative defense if I follow some of your nonsense.

Why is it that after YEARS of screaming at people who just want reliable answers that you are still unable to cite federal statutes or regulations? I mean come on.. You do know that the GCA was used to create those statutes, right? And then there has been 44 years of other congressional bills and ATF regulations (some flatly illegal and totally unfounded in the GCA or other bills) which have changed the verbiage and intent - like the 1986 Firearm Owners Protection Act?. You do know that when people go to court it's for a violation of those statutes and NOT a violation of the 1968 GCA, right?

Oh, sorry.. here I am burying you in multiple questions again. Don't stress though, I don't expect any answer except for the normal cursing and screaming.


One another thing you need to understand as you trick the unknowing into following your advice.

There is no such thing as a legally binding statement from the ATF. You need to QUIT SAYING THAT. If you get a written statement from them, it can be reversed at their will and they will not tell you. An email can be considered as guidance, but the best that an email from them will be is as an avenue of defense in court if they press charges - it may or may not keep them from pressing charges. Of course while you're in court trying to stay out of jail or keep your FFL you're paying some lawyer your life savings to do so. The ATF have a long history of reversing decisions or giving out contradictory decisions to people who ask for a determination.

Have a good day.


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Originally Posted by [bleep]
I came here with an honest question about whether I, as a C&R holder, could ship a firearm back to the owner or if I had to ship to an FFL in his state if I returned a firearm. I was hoping you could provide a reasonably complete answer because part of my confusion is from an email exchange I had with ATF. You didn't provide any reasonable answer beyond your normal screaming, cursing and providing nonsensical and vague answers even when I tried to keep a civil exchange going. Unfortunately having an anonymous internet Wikipedia expert googler named Bricktop as a source of information isn't going to work as an affirmative defense if I follow some of your nonsense.

Why is it that after YEARS of screaming at people who just want reliable answers that you are still unable to cite federal statutes or regulations? I mean come on.. You do know that the GCA was used to create those statutes, right? And then there has been 44 years of other congressional bills and ATF regulations (some flatly illegal and totally unfounded in the GCA or other bills) which have changed the verbiage and intent - like the 1986 Firearm Owners Protection Act?. You do know that when people go to court it's for a violation of those statutes and NOT a violation of the 1968 GCA, right?

Oh, sorry.. here I am burying you in multiple questions again. Don't stress though, I don't expect any answer except for the normal cursing and screaming.


One another thing you need to understand as you trick the unknowing into following your advice.

There is no such thing as a legally binding statement from the ATF. You need to QUIT SAYING THAT. If you get a written statement from them, it can be reversed at their will and they will not tell you. An email can be considered as guidance, but the best that an email from them will be is as an avenue of defense in court if they press charges - it may or may not keep them from pressing charges. Of course while you're in court trying to stay out of jail or keep your FFL you're paying some lawyer your life savings to do so. The ATF have a long history of reversing decisions or giving out contradictory decisions to people who ask for a determination.

Have a good day.
Ah yes, we all get treated to another of your self-aggrandizingly pointless rants. This affirms every comment I've made regarding your participation in this thread. You're not seeking any information whatsoever; there's not a thing anyone can possibly tell you, because in your mind you know everything there is to possibly know.

Quite a few federal regulations were posted here, you don't want to read them or don't want to acknowledge them because there's no way they could possibly match up your own thoughts.

You won't seek a written determination for the reasons stated previously; you won't get the answer you want and it won't be public and instantaneous.

You keep mentioning and alluding to "court cases" that support your statements. Please cite these "court cases."


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
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Posts: 903
Ok maybe I am blind or just can't read after wading through 17 pages of bickering back and forth.My question is.... Can't a long gun be shipped in the same state to a buyer from the seller without going through an FFL or does it have to go to an FFL even in same state?

Last edited by stumpman; 11/28/12.
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