Does a non functioning firearm require an FFL transfer?

Help Support Ruger Forum:

Joined
Mar 22, 2013
Messages
2,711
Location
Chama, NM-Our little piece of Heaven.
I have an old non-functioning shotgun that I would like to sell locally. The buyer stated that his FFL informed him that a non-functioning firearm does not require an FFL between private parties. New Mexico requires an FFL transfer for firearms, but the statute does not address non-working guns. Any FFLs out there that can answer this for me?

Many thanks,
 
I'm not an FFL but seem to lean towards "better safe than sorry".

There's surely a difference in non functioning between something like extractor broken vs receiver sawed in half.
Agree. I received this response from another source and thought I would share it:
"It depends on the laws of your jurisdiction. NM doesn't allow their residents to conduct private firearm sales without the interaction of a FFL or background check. Makes no difference if the firearm is functional or not. If it has a serial number on it, and it has not been certified as "de-milled" with the accompanying BATFE letter, than it is simply looked at as broken but still a firearm."

I need to move to a red state.
 
Last edited:
According to the ATF , a gun is a gun , no matter wether it works or not.
Selling privately , depends on what state you are in.
In Arizona selling a gun between private parties is no different than selling a lawn mower.
Shipping a gun across state lines requires an FFL no matter what state you are in.
The seller doesn't necessarily have to ship from an FFL , but it must be received through an FFL.
 
Agree. I received this response from another source and thought I would share it:
"It depends on the laws of your jurisdiction. NM doesn't allow their residents to conduct private firearm sales without the interaction of a FFL or background check. Makes no difference if the firearm is functional or not. If it has a serial number on it, and it has not been certified as "de-milled" with the accompanying BATFE letter, than it is simply looked at as broken but still a firearm."

I need to move to a red state.
If made after 1898 and goes boom it is a firearm according to ATF. Function or non functioning is of no consequence. Doesn't even need a serial. I have 100s of entries in my Fed Log Book with NVSN (no visible serial number) in the listing. How each state deals with a firearm varies.
 
I have an old non-functioning shotgun that I would like to sell locally. The buyer stated that his FFL informed him that a non-functioning firearm does not require an FFL between private parties. New Mexico requires an FFL transfer for firearms, but the statute does not address non-working guns. Any FFLs out there that can answer this for me?

Many thanks,
The guy asked for a reply from an FFL. Those who responded to any response thread starting with "I'm not an FFL" have just muddied the waters with their opinions;...a complete counterproductive waste of time (IMNSHO).
I am an FFL and can respond to the letter of the FEDERAL firearms laws. Even a rusty, stripped down frame IS the FIREARM, even if it has no serial number, and is required by FEDERAL law to be treated as such in all respects.
Stupid, perhaps, but that's the same with many laws, eh?
 
I am also a FFL - Federal law says functional or not, serialized or not, it is still a firearm so you MUST go by both FEDERAL and New Mexico STATE laws when selling or transferring firearms, working or non-working. You should be able to go to the NM DOJ or State Police/Hwy Patrol/Sheriff to point you in the right direction. There should be a NM Firearms Laws website you can find to give you the NM statutes in black and white. Don't ask the average policeman/deputy they probably don't know and could give you bad info.
 
It's still a gun - the law only exempts dewat those deactivated in a specific manner. New Mexico requires an FFL transfer for firearms - so that is what you need to do. I'll wager that FFL won't give you a signed letter that it's OK to transfer since it's not working.
 
It's good to know this information is relegated ONLY to FFL holders and not the general public. I do have one question though, when you turn in your FFL do the feds come and denuralize all sensitive information you may know?

Don't forget the OP came to internet for legal advice.


Jan 2023 edit- this post was in response to the implication that only FFL's had the answer.
 
Last edited:
I find it kind of amusing that when ever some question like this comes up those that have an FFL tend to talk down to us and almost always appear to praise existing laws that they have to abide by.....

Oh and I'm not an FFL but I will say that I know that a firearm with a serial number is a firearm according to the government whether it functions or not.
 
Firearms manufactured prior to 1898 do not require a dealer transfer. That's the only exception for a firearm that fires a shell or cartridge. Black Powder firearms also do not require a dealer transfer, no matter the date of manufacture.
 
I find it kind of amusing that when ever some question like this comes up those that have an FFL tend to talk down to us and almost always appear to praise existing laws that they have to abide by.....

Oh and I'm not an FFL but I will say that I know that a firearm with a serial number is a firearm according to the government whether it functions or not.
Hopefully, my comment below is not taken politically:

Boy, I hope my answer wasn't construed as "talking down" to people, I was just trying to give the information that the BATFE/State regs say.

Also, I think that if you asked different FFL's, across the nation, they DO NOT "praise" the laws that they have to abide by. The FFL's I know and correspond with on a forum that ONLY FFL's can read/post, all of us want less gun laws and want the politicians to stop messing with the rights of US citizens and adhere with the 2nd Amendment as it is written "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
 
Top