Does a non functioning firearm require an FFL transfer?

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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,
If you still have doubts about what everybody is telling you go to ATF.GOV and look up the laws of your state .
 
If you still have doubts about what everybody is telling you go to ATF.GOV and look up the laws of your state .
There is a difference between a non functioning firearm and a demilitarized firearm. A non functioning firearm can be made to function again.

As a grip maker, I purchased two dummy guns from Ruger. They sell them to holster and grip makers. The two complete guns had welds in strategic places so that they could not be loaded or even made to fire. I also used these guns in photos displaying my grips for sale. One could not tell that they were non firing guns just by looking at the pictures. Since they were demilitarized, Ruger just shipped them to me parcel post like they would ship a toaster. Due to the welds, the guns could not be taken apart and the parts used in another gun. Below is a pic of those two guns.

MunsVK6.jpg
 
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 do believe that a modern ammunition centerfire or rimfire no matter the year, smokeless or black powder needs a FFL or C&R license.
Try shipping a black powder Colt SAA made before 1898 or a centerfire long gun without going thru a FFL or C&R and you will be going to the cross bar hotel.:)
An original 1866 44 RIMFIRE Winchester can be received without FFL but an original centerfire 1873 can not because the 44 rimfire ammunition is not readily available.

For example when you remove the percussion cap cylinder can these Old Armys be received with the conversion cylinder in them and no FFL??? The Ruger states the gun is Black Powder Only, the cartridge is Black Powder.
NO THEY CAN NOT the key word is type of ignition not Black Powder or Year.
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(16) The term "antique firearm" means— (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or (B) any replica of any firearm described in subparagraph (A) if such replica— (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) 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 (C) 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.
 
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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,
If that was the case, an empty gun would be exempt.
But then, there's Alec Baldwin . . .
 
This is an old thread and it's interesting it is still generating responses. I'm sure the OP has already resolved his problem.

On the other hand, I am interested in caryc's remarks. In the Ruger 'dummy' guns you purchased, were the serial numbers removed, blanked through or not serialized at all? Maybe they put "not a firearm" on them somewhere? I can see from the photos there no ser# visible on the frame. Just wondering.
 
If that was the case, an empty gun would be exempt.
But then, there's Alec Baldwin . . .
Yep, an unloaded gun is a non functioning gun as far as
This is an old thread and it's interesting it is still generating responses. I'm sure the OP has already resolved his problem.

On the other hand, I am interested in caryc's remarks. In the Ruger 'dummy' guns you purchased, were the serial numbers removed, blanked through or not serialized at all? Maybe they put "not a firearm" on them somewhere? I can see from the photos there no ser# visible on the frame. Just wondering.
Those guns are New Vaqueros and as far as I can see, they have no serial numbers on them. It doesn't look like they have been removed. It looks like they were never stamped with a number.
 
Hey its still good to know as I just run across this myself with a "scrap" S&W that was blown up, S&W did not want it, would not work on it, all the parts are gone but the cracked frame and the burst barrel, BUT I figured I would check and low and behold it still has to go through an FFL if going "Out of state"...........
and to considered it "destroyed" it has to be cut litterally in half with at ;least 1/4 inch of material "missing" ( gone) in otherwords "dewatted?? demilled?" can NOT be "made to be reused......." S&W will not fix it, but it would take me about half an hour to be made to "work again" it ain't rocket science.............guy wants just the "butt" to "make grips", so we're still thinking about it........:cool::rolleyes:;)
 
I did not know that about NM. Does that mean you can not give your son or daughter your old hunting rifle? Or buy your young son his first .22 ? That is unamerican.
I will avoid NM now, and you should get involved local politics and move for changing that law.
Transfer requirement doesn't apply to family. And honestly, it's so completely uninforced as to be a black eye for the gun control crowd. Been in force around 3 years, I believe there are 0 cases in which someone has been arrested.
 
Transfer requirement doesn't apply to family. And honestly, it's so completely uninforced as to be a black eye for the gun control crowd. Been in force around 3 years, I believe there are 0 cases in which someone has been arrested.
The obvious soilution to this conundrum is to "identfy" as family of the transferee.
 

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