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  1. #1
    Master NateIU10's Avatar

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    Selling guns across state lines

    Quote Originally Posted by farmboy365 View Post
    I believe draginfish is correct long guns can be sold for in to oh and oh to in but not
    handguns.
    INCORRECT! IT IS AGAINST FEDERAL LAW TO TRADE OR SELL ANY FIREARM BETWEEN TWO NON-LICENSEES WHO ARE RESIDENTS OF DIFFERENT STATES!!!

    Let me find the ATF stuff, one sec.

    (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]
    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]


    (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]
    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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


    (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]
    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.
    [18 U.S.C. 922(a)(3) and 922(b)(3)]
    Last edited by NateIU10; 01-02-2009 at 21:40.


  2. #2
    Marksman

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    Quote Originally Posted by NateIU10 View Post
    INCORRECT! IT IS AGAINST FEDERAL LAW TO TRADE OR SELL ANY FIREARM BETWEEN TWO NON-LICENSEES WHO ARE RESIDENTS OF DIFFERENT STATES!!!

    Let me find the ATF stuff, one sec.
    Fixed it for you!

    Nate is correct, this has been discussed many times before here in different threads - I eventually contacted the ATF and it was confirmed that it is illegal.

    This should be moved to a different thread.

  3. #3
    Marksman JBrockman's Avatar

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    Under secrtion B2 I guess then whoever can "RENT" either of these two firearms for a long period and fall under the guide lines!
    So does this mean that any wheelin and dealin and tradin that was done over the years (hypothetically speaking of course) between friends and relatives, lets say down home in Kentucky would have been illegal?

    Certified Instructor-Shotgun/Rifle/Archery
    Vice-Chair Johnson County Friends of NRA
    Fire Chief Amity Volunteer Fire - Rescue

  4. #4
    Master NateIU10's Avatar

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    Quote Originally Posted by JBrockman View Post
    Under secrtion B2 I guess then whoever can "RENT" either of these two firearms for a long period and fall under the guide lines!
    So does this mean that any wheelin and dealin and tradin that was done over the years (hypothetically speaking of course) between friends and relatives, lets say down home in Kentucky would have been illegal?
    Wish I was a mod so I could move this...

    If you're trying to outsmart the BATFE, that's not such a hot idea. If they want to get you, they can find out the truth, or change rulings as needed to get you. If the "down home" dealings involved residents of different states, then yes.


  5. #5
    Certified Regular Guy esrice's Avatar

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    Moved from another forum to open up discussions. . .

  6. #6
    Master Bubbajms's Avatar

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    What about gifting??

  7. #7
    Master straight-shooter's Avatar

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    One of my understandings is that if I sold a "RIFLE" to someone from Ohio they could legally come here to Indiana for a ftf transaction BUT we would still need to goto a FFL and transfer the rifle then the party from Ohio could take it with him. Handguns, well we all know it would have to go from Seller to FFL or FFL to FFL.

  8. #8
    Marksman

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    Yes its illegal, but that doesn't stop the people from OH/KY doing it at the Indy 1500 all the time. 1/2 the guys I asked to see guns they are carrying are from OH if you inquire.

  9. #9
    Grandmaster indykid's Avatar

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    When did they change the rules? Yes I know, ATF changes the rules by the minute to suit their purposes. About 6 years ago I bought a rifle from a private individual in another state and the seller arrived in his "company car" wearing a jacket with large letters on the back. We had a nice chat, I handed him the money and he handed me the rifle.

    I guess the way rules change lately, the best thing to do is stop buying firearms. That way you will always be legal.

    NOT!

  10. #10
    Master NateIU10's Avatar

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    Quote Originally Posted by indykid View Post
    When did they change the rules? Yes I know, ATF changes the rules by the minute to suit their purposes. About 6 years ago I bought a rifle from a private individual in another state and the seller arrived in his "company car" wearing a jacket with large letters on the back. We had a nice chat, I handed him the money and he handed me the rifle.

    I guess the way rules change lately, the best thing to do is stop buying firearms. That way you will always be legal.

    NOT!
    The way I've read it, and the way it's written, it's in the GCA (ie 18 USC 922). It was added to the code in 1970

    102. Gun Control Act of 1968, 18 U.S.C. 922(a) (1970).
    So, what you did was in fact illegal. It's not a recent rule change, it's written law.




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