FFL Interstate & Online Sales Regulations 2 — Questions and Answers
Question 1: When an FFL dealer sells a firearm to an out-of-state buyer through an online marketplace, where must the physical transfer occur?
- At the seller's licensed premises
- At any UPS or FedEx location
- At an FFL in the buyer's state of residence (Correct answer)
- At a federal courthouse in the buyer's state
Correct answer: At an FFL in the buyer's state of residence
Federal law requires that all interstate firearm transfers to non-licensees must be completed through a licensed dealer in the buyer's state of residence.
Question 2: Which federal law primarily governs the interstate transfer of firearms between FFL dealers and non-licensees?
- The Brady Handgun Violence Prevention Act
- The Gun Control Act of 1968 (Correct answer)
- The National Firearms Act of 1934
- The Firearm Owners Protection Act of 1986
Correct answer: The Gun Control Act of 1968
The Gun Control Act of 1968 established the framework requiring interstate firearm transfers to go through licensed dealers.
Question 3: A customer in State A purchases a long gun online from an FFL in State B. The buyer is 19 years old. Can the transfer proceed?
- Yes, if State A allows 19-year-olds to purchase long guns (Correct answer)
- No, the federal minimum age for long gun purchases is 21
- Yes, but only if State B also allows 19-year-olds to purchase long guns
- No, interstate sales of long guns to anyone under 21 are prohibited
Correct answer: Yes, if State A allows 19-year-olds to purchase long guns
The transferring FFL must comply with the laws of both states, and if the buyer's state (State A) permits 19-year-olds to purchase long guns, the transfer can proceed.
Question 4: What is the receiving FFL's obligation when facilitating an interstate transfer for a customer?
- Conduct a NICS check on the buyer and complete ATF Form 4473 (Correct answer)
- Only verify the buyer's identity with a photo ID
- Contact the selling FFL to confirm the firearm's history
- File an ATF Form 3310 for every interstate transfer
Correct answer: Conduct a NICS check on the buyer and complete ATF Form 4473
The receiving FFL must treat the transaction as any other retail sale, running a NICS background check and completing Form 4473.
Question 5: Can an FFL dealer legally ship a firearm directly to a non-licensee across state lines?
- Yes, if the buyer passes a background check beforehand
- Yes, if the firearm is a long gun and both states permit it
- No, firearms may only be shipped to another FFL (Correct answer)
- Yes, handguns may be shipped directly but not long guns
Correct answer: No, firearms may only be shipped to another FFL
Under the GCA, FFLs may only ship firearms to other licensed dealers; direct shipment to non-licensees across state lines is prohibited.
Question 6: Which carrier restriction applies to shipping handguns through the U.S. Postal Service?
- Handguns may not be mailed by anyone, including FFLs (Correct answer)
- FFLs may mail handguns but must use Priority Mail Express
- Only unloaded handguns may be mailed via USPS
- Handguns may be mailed by FFLs if declared at the counter
Correct answer: Handguns may not be mailed by anyone, including FFLs
USPS regulations prohibit the mailing of handguns by anyone, including licensed dealers; FFLs must use common carriers like UPS or FedEx for handgun shipments.
Question 7: An FFL in Texas receives a request from an online buyer in California for a rifle that is legal in Texas but banned in California. What should the FFL do?
- Refuse the transfer because California's law controls the transaction (Correct answer)
- Complete the sale since Texas law permits it
- Transfer to a California FFL and let them determine legality
- Transfer directly to the buyer since it is a long gun
Correct answer: Refuse the transfer because California's law controls the transaction
The receiving state's laws govern the buyer's eligibility, so the selling FFL must refuse to transfer a firearm that is illegal in the buyer's state.
When an FFL dealer sells a firearm to an out-of-state buyer through an online marketplace, where must the physical transfer occur?