View source for Transferring firearms Interstate

== Federal Law ==
Interstate transfer has almost nothing to do with where, geographically, a particular gun may be, and everything to do with the respective states of residence of the buyer and seller.  If the buyer and seller live in different states, a gun transaction will be an interstate transfer.

Interstate transfer is governed by a combination of Federal and State laws.
[http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html 18 USC 922 (a)] makes it 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, ...
 
 (3) '''for any person, other than a licensed importer, licensed'''
 '''manufacturer, licensed dealer, or licensed collector to transport'''
 '''into or receive in the State where he resides''' (or if the person is a
 corporation or other business entity, the State where it maintains a
 place of business) '''any firearm purchased or otherwise obtained by such'''
 '''person outside that State''', except that this paragraph (A) shall not
 preclude any person who lawfully acquires a firearm by bequest or
 intestate succession in a State other than his State of residence
 from transporting the firearm into or receiving it in that State, if
 it is lawful for such person to purchase or possess such firearm in
 that State, (B) shall not apply to the transportation or receipt of a
 firearm obtained in conformity with subsection (b)(3) of this
 section, and (C) shall not apply to the transportation of any firearm
 acquired in any State prior to the effective date of this chapter;
 
 (5) '''for any person (other than a licensed importer, licensed'''
 '''manufacturer, licensed dealer, or licensed collector) to transfer,''''''
 '''sell, trade, give, transport, or deliver any firearm to any person'''
 (other than a licensed importer, licensed manufacturer, licensed
 dealer, or licensed collector) '''who the transferor knows or has'''
 '''reasonable cause to believe does not reside in''' (or if the person is a
 corporation or other business entity, does not maintain a place of
 business in) '''the State in which the transferor resides'''; except that
 this paragraph shall not apply to
 
     (A) the transfer, transportation, or delivery of a firearm made
     to carry out a bequest of a firearm to, or an acquisition by
     intestate succession of a firearm by, a person who is permitted
     to acquire or possess a firearm under the laws of the State of
     his residence, and
     (B) the loan or rental of a firearm to any person for temporary
     use for lawful sporting purposes;
(b)(3) also regulates dealers
 (b) It shall be unlawful for any licensed importer, licensed
 manufacturer, licensed dealer, or licensed collector to sell or 
 deliver—
 ...'
 (3) '''any firearm to any person who the licensee knows'' or has 
 reasonable cause to believe '''does not reside in''' (or if the person
 is a corporation or other business entity, does not maintain a place
 of business in) '''the State in which the licensee’s place of business'''
 '''is located''', except that this paragraph (A) shall not apply to the
 sale or delivery of any rifle or shotgun to a resident of a State
 other than a State in which the licensee’s place of business is
 located if the transferee meets in person with the transferor to
 accomplish the transfer, and the sale, delivery, and receipt fully
 comply with the legal conditions of sale in both such States (and any
 licensed manufacturer, importer or dealer shall be presumed, for
 purposes of this subparagraph, in the absence of evidence to the
 contrary, to have had actual knowledge of the State laws and
 published ordinances of '''both''' States), and (B) shall not apply to the
 loan or rental of a firearm to any person for temporary use for
 lawful sporting purposes;

== Illegal for the DEALER ==

(a)(2) tells us a licensed dealer may ship interstate only to another licensed dealer.  There is an exception for "returning a firearm or replacement firearm of the same kind and type to a person from whom it was received".

(b)(3) says dealers may not sell to buyers who do not live in the same state as the dealer's business, so ''in person'' sales are prohibited, as well as shipment to non-licensed individuals in other states.

== Illegal for the private BUYER ==

(a)(3) tells us that unlicensed individuals may not go to a state where they do not live, buy a gun, take delivery of the gun, and bring it back to the state of residence.

== Illegal for the private SELLER ==

(a)(5) tells us that unlicensed individuals may not sell a gun to unlicensed individuals who do not live in the same state as the seller.

Penalties for violation of (a)(2), (a)(3), and (a)(5) are the 'default' provisions of [http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000924----000-.html 18 USC 924 (a)(1)(D)]:
 ... whoever— ...
 (D) willfully violates any other provision of this chapter, 
 shall be fined under this title, imprisoned not more than five
 years, or both.

== Use an FFL ==

The effect of these: interstate transfers must go through a Federal Firearms Licensee (FFL) in the buyer's state of residence.  

The Bureau of Alcohol, Firearms, Tobacco and Explosives (variously BATFE, BATF, ATF) says in its [http://www.atf.gov/firearms/faq/faq2.htm#b3 FAQ]
 A person not licensed under the GCA and not prohibited from
 acquiring firearms may purchase a firearm from an out-of-State
 source and obtain the firearm if an arrangement is made with a
 licensed dealer in the purchaser's State of residence for the
 purchaser to obtain the firearm from the dealer.

== Federal Exceptions, California complications ==

As noted above, return of a firearm from a dealer or manufacturer to the individual who sent the firearm is an exception.

BATFE says (restating part of (b)(3))
 A person may only acquire a firearm within the person’s own
 State, except that he or she may purchase or otherwise acquire
 a rifle or shotgun, in person, at a licensee's premises in any
 State, '''provided the sale complies with State laws applicable'''
 '''in the State of sale and the State where the purchaser'''
 '''resides.'''

California residents are subject to [http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/4/s12070 Penal Code 12070]
 12070.  (a) No person shall sell, lease, or transfer firearms
 unless he or she has been issued a license pursuant to Section
 12071. 
and [http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/4/s12072 12072(d)] 
 (d) Where neither party to the transaction holds a dealer's
 license issued pursuant to Section 12071, the parties to the
 transaction shall complete the sale, loan, or transfer of that
 firearm through a licensed firearms dealer pursuant to Section
 12082.

[http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/4/s12071 Penal Code 12071] is the ''California'' firearms dealer licensing requirement.  Complying "with State laws" requires using a properly licensed California FFL.

The [http://ag.ca.gov/firearms/pubfaqs.php#7 CA-DOJ FAQ] is clear:
 '''All firearms purchases and transfers, including private party'''
 '''transactions and sales at gun shows, must be made through a'''
 '''licensed dealer under the Dealer Record of Sale (DROS) process.'''  

There is an exception for rifles and shotguns '''over 50 years old''' in California law - [http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/4/s12078 Penal Code 12078(t)(2)] allows those purchases to proceed without using a FFL.  If that is also the case in the state where one buys such an older gun, Federal Law 18 USC 922 (b)(3)(A) would be satisfied, so a dealer ''could'' sell such older long guns to a California buyer.

For inheritance, see 

Note that Penal Code 12070(b) has several exceptions to the California FFL transfer requirement, including language as "Sales, deliveries, or transfers of firearms by persons who reside outside this state and are licensed outside this state pursuant to Chapter 44 ... of Title 18 of the United States Code" and ''none'' of those exempt unlicensed individuals.  The Legislature knows how to make exceptions, and has not made any for unlicensed individuals.

== Handguns ==

Handguns brought or shipped interstate into California for sale must be on the [http://wiki.calgunsfoundation.org/index.php/The_Safe_Handgun_List Roster].

== Private Party Transfers ==

Firearms brought or shipped interstate into California for sale cannot be transferred in a California [http://wiki.calgunsfoundation.org/index.php/Buying_and_selling_firearms_in_California#Buying_from_a_Private_Party_-_PPT Private Party Transfer] for their first transfer; subsequent sales between California residents will not be interstate transfers.  Dealers may charge a transfer fee different from the PPT fee.

== Curios and Relics ==

Holders of a Federal Curio and Relic License ("Collectors" license) have further exemptions; see that article.