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Gun Talk
Are you a gun fanatic as well? If so, you'll want to talk to other owners about what you own in this forum.

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Old 03-17-2012, 12:06 PM   #1
oie77
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Question for VA Gun People

Quick question for any Virginia gun experts:

I received an incredible Benelli Legacy Sport shotgun as an engagement present from my father-in-law to be while in Houston.

The gun was ordered by him, and is currently registered under his name in Houston.

I live in Virginia. I'm thinking of shipping the gun via UPS to my home.

Has anybody had any experience with such matters or can anybody point me in the right direction on how to go about shipping to and registering it in VA.

Many thanks in advance and here is a quick pic. I'll try to get some more up when I take proper photos...
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Old 03-17-2012, 12:14 PM   #2
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It's a gift, so you don't have any paperwork you need to complete. It can be shipped straight to your front door. If you ship it UPS, you need to ship it through a major distribution location, or ship it from pick-up at your door.
Long guns can also be shipped USPS.

By the way, you're getting a PHENOMENAL gun. The Legacy is a beautiful design, and the Benelli inertia operating system is by far the most die-hard reliable system I've ever used. I have two Benellis and my dad has one. Zero malfunctions in 12 years of ownership.
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Old 03-17-2012, 12:21 PM   #3
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I really is a work of art! We broke it in with a little skeet shooting yesterday and the thing is a beast! It felt very comfortable.

So, you're saying that it does not matter that the gun is now registered to my father-in-law? Don't I need anything in VA basically connecting me with the gun that I own?

It's my first gun so pls excuse the newbie questions...

Thanks again.
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Old 03-17-2012, 12:22 PM   #4
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Old 03-17-2012, 01:46 PM   #5
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Quote:
Originally Posted by Reedo302 View Post
It's a gift, so you don't have any paperwork you need to complete. It can be shipped straight to your front door. If you ship it UPS, you need to ship it through a major distribution location, or ship it from pick-up at your door.
Long guns can also be shipped USPS.
.
I disagree. I don't know the state laws for TX or VA well enough to comment (easy enough to look up), but I do know federal law and that is what is applicable here.

What the OP is asking involves INTERstate transfer of a long gun between two people of different home states. Even if it is a gift, since the buyer and seller have different home states, it has to be transferred at an FFL

The long gun has to go through an FFL (in either state)

A non-FFL can ONLY ship a long arm to an eligible person through an FFL in any state via common carrier (UPS, FedEx, etc.) or USPS. A non-FFL CANNOT ship a long arm directly to another non-FFL in a different state. If the receiving FFL WILL NOT accept a gun from a non-FFL, then the shipper will need to have a FFL ship it for them.

PS: There is no gun registration in VA or TX. You don't have to worry about that. The long gun isn't registered to your FIL in TX nor will it be registered to you in VA.


OP: While in TX, have your FIL transfer the long gun to you at an FFL. Then fly or drive it back home. You also could have your FIL ship the long gun to an FFL in VA and it will be waiting for you when you get there.
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I agree with JonJon.

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Old 03-17-2012, 03:35 PM   #6
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....
Disregard, you're correct.






Okay, I misread what I was seeing. This is what I was thinking of:

Quote:
Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
I know a lot of guys that mail guns to training facilities and then fly out so they don't have to deal with the TSA bullshit. We do direct shipping for LE agencies as well due to exemption.
Although, in my own defense, I previously read this stuff a while back and I could have sworn it used to be kosher. Oh well, if I don't look like a jackass at least once a day, I'm not doing something right. Another reason to not post when you have another web browser tab open containing pornog-err, I mean, artistic videos playing.
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Old 03-17-2012, 03:54 PM   #7
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Great info guys. Thanks so much.

Final question: When Reedo mentioned TSA bullshit, what exactly is that. Is it just easier to ship to FFL in VA and pick up or to try to fly witht the gun (checked in of course)...
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Old 03-17-2012, 06:11 PM   #8
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Great info guys. Thanks so much.

Final question: When Reedo mentioned TSA bullshit, what exactly is that. Is it just easier to ship to FFL in VA and pick up or to try to fly witht the gun (checked in of course)...
two separate issues

#1 and most important. You can't take possession of that long gun until it's transferred to you. PERIOD you live in a different state than your FIL. for transfers, it's not where you are physically standing, it's where you live.

#2. Once it's "yours", you can drive home with it (FOPA protects you during travel) or you can fly it home (following the TSA, PITA procedure) it's not that bad, just do your homework and know all the requirements... The airport security people might not. People tend to go stupid when they see a gun

Let me know if you have any ? About travel
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Old 03-20-2012, 11:19 AM   #9
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Update:

Spoke with an FFL in VA and here's what they said:

I could have just brought shotgun w/ me on the plane. In that case, there is no need to transfer since both VA and TX are non-register states.

Since I've already left the gun in TX, I must now ship it to FFL in VA and go through the background check etc. in VA and pay the $40 transfer fee.

Just in case anybody was wondering...

Thanks to those who helped!
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Old 03-20-2012, 04:43 PM   #10
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Quote:
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Update:

Spoke with an FFL in VA and here's what they said:

I could have just brought shotgun w/ me on the plane. In that case, there is no need to transfer since both VA and TX are non-register states.

Since I've already left the gun in TX, I must now ship it to FFL in VA and go through the background check etc. in VA and pay the $40 transfer fee.

Just in case anybody was wondering...

Thanks to those who helped!
That FFL is WRONG
You can't take possession of the long gun until it is transferred to you via an FFL (in either state). Registration is irrelevant and not related to transfers in this context. Youd be breaking federal law and committing a Felony if you followed his advice making you prohibited from ever touching a gun again in your life. I'd report the FFL to the BATFE
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I agree with JonJon.

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Old 03-20-2012, 04:56 PM   #11
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Your only option now is to have your FIL ship it to an FFL in VA and then transfer it to you.

The VA FFL might not accept it from your FIL so he might have to have a TX FFL ship it to a VA FFL then transfer it to you.

DONT USE the same FFL that gave you that POOR advice.
He almost made you a felon. Make sure you correct him
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Old 03-20-2012, 05:21 PM   #12
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Quote:
Originally Posted by JonJon View Post
That FFL is WRONG
You can't take possession of the long gun until it is transferred to you via an FFL (in either state). Registration is irrelevant and not related to transfers in this context. Youd be breaking federal law and committing a Felony if you followed his advice making you prohibited from ever touching a gun again in your life. I'd report the FFL to the BATFE
I dont think this is true. Well I know for a fact at least in maryland, I can go to PA or Va, neighboring statesand buy a long gun from a dealer(no exactly sure about private party) and carry it back into maryland without having it shipped to a FFL in MD. Now I can't do that with a regulated gun(AR15, AK47 or pistol). But non regulated long guns I can(Shotguns, bolt actions, .22s, Hbars) Many people from md go to VA and PA shows and buy shottys/rifles and carry them back across state line legally.

I think the law depends state by state. VA is usually pretty easy going, but I don't know their laws. Might only be neighboring states or it might be any state.

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Old 03-20-2012, 05:34 PM   #13
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Adam: You would be legal in that action since you bought it at a dealer (FFL) before taking possession of it. From that point on... As long as your travel is legal, you're good. The OP was told that he could take the long gun from TX to VA without using a TX FFL first. That is a felony.

PS: AR15, AK47, etc are not regulated. As long as they have a barrel length 16"+ (rifle) 18"+ (shotgun)and overall length 26"+, it's a non regulated long gun.

INTERstate not INTRAstate transfers are regulated by FEDERAL law, not just STATE law
Firearms (hand guns) have to be transferred by FFL in the BUYERS home state.
Long guns can be transferred by an FFL in either state
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Old 03-20-2012, 05:38 PM   #14
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Adam: You would be legal in that action since you bought it at a dealer (FFL) before taking possession of it. From that point on... As long as your travel is legal, you're good. The OP was told that he could take the long gun from TX to VA without using a TX FFL first. That is a felony.

PS: AR15, AK47, etc are not regulated. As long as they have a barrel length 16"+ (rifle) 18"+ (shotgun)and overall length 26"+, it's a non regulated long gun.

INTERstate not INTRAstate transfers are regulated by FEDERAL law, not just STATE law
Firearms (hand guns) have to be transferred by FFL in the BUYERS home state.
Long guns can be transferred by an FFL in either state
Maryland anything that looks scary is regulated lol. Ar15s that are not marked HBAR are regulated and anything with an AK action is regulated included saiga 12ga. It's very messed up. Maryland has a whole list of "regulated assault weapons"
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Old 03-20-2012, 05:51 PM   #15
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Oh... That blows!
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Old 03-21-2012, 07:18 AM   #16
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Your only option now is to have your FIL ship it to an FFL in VA and then transfer it to you.
This is what I will do.

JonJon, thanks again for the info!
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Old 03-25-2012, 09:18 PM   #17
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That shotgun is beautiful
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Old 04-10-2012, 11:27 AM   #18
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So I finally got the transfer taken care of. I'd like to thank everybody who chimed in on this thread for helping out. It was pretty simple after all. Her are a couple pics. Hope to take it out to shoot some clays this wknd.

Photobucket

Photobucket

Photobucket
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Old 04-10-2012, 11:44 AM   #19
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gorgeous gun!
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Old 04-24-2012, 08:05 PM   #20
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missed the update on here.

Beautiful!
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