Why do people think they can buy long guns from other states?

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  • nrgrams

    Sharpshooter
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    Jun 3, 2013
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    Columbus
    2. May I lawfully transfer a firearm to a friend who resides in a different State?

    Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individualwho does not reside in the State where the transferee resides. Generally, for a person to lawfullytransfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to aFederal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may thenreceive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS backgroundcheck. More information can be obtained on the ATF website at www.atf.gov andhttp://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from thisprohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, forexample, a friend visiting you may borrow a firearm from you to go hunting. Another exception isprovided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition byintestate succession. This exception would authorize the transfer of a firearm to a nonresident whoinherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5)

    Per the ATF's website Frequently Asked Questions, this is what is provided. Just curious as to why people believe they can purchase/sell a long gun across state lines without a FFL? I've got an LWRC in the classifieds as well as Armslist, and I've received 3 communications via phone call and text about purchasing it. However, they all 3 were from different states (Ohio and Kentucky).

    I guess I was just curious where the notion that handguns were a no-no, but long guns were okay, came from.
     

    ryknoll3

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    There's all kinds of weird "gunshop" lore out there about whats legal and not. Another one you run across a lot is people thinking that family members can transfer guns across state lines because they are related.

    With the long gun thing, some of the confusion might stem from it being legal in many states to buy a long gun in another state through a dealer, where it is only legal to buy "transfer" a handgun in your own state. This gets conflated with private sales and thus the confusion.
     

    Hohn

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    Jul 5, 2012
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    USA
    2. May I lawfully transfer a firearm to a friend who resides in a different State?

    Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individualwho does not reside in the State where the transferee resides. Generally, for a person to lawfullytransfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to aFederal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may thenreceive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS backgroundcheck. More information can be obtained on the ATF website at www.atf.gov andhttp://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from thisprohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, forexample, a friend visiting you may borrow a firearm from you to go hunting. Another exception isprovided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition byintestate succession. This exception would authorize the transfer of a firearm to a nonresident whoinherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5)

    Per the ATF's website Frequently Asked Questions, this is what is provided. Just curious as to why people believe they can purchase/sell a long gun across state lines without a FFL? I've got an LWRC in the classifieds as well as Armslist, and I've received 3 communications via phone call and text about purchasing it. However, they all 3 were from different states (Ohio and Kentucky).

    I guess I was just curious where the notion that handguns were a no-no, but long guns were okay, came from.

    I think it's because you can transfer a long gun in the FFL's state, but a handgun must be transferred in YOUR state.

    Example-- I can take a trip to a KY GUN COmpany and buy a long gun there and drive home with it. It was "transferred" in KY legally to me as an Indiana resident.

    However, for a handgun, KYGUNCO would have to ship the gun to an INDIANA FFL where I would pay that transfer fee.


    Correct?
     

    rob63

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    I think it's because you can transfer a long gun in the FFL's state, but a handgun must be transferred in YOUR state.

    Example-- I can take a trip to a KY GUN COmpany and buy a long gun there and drive home with it. It was "transferred" in KY legally to me as an Indiana resident.

    However, for a handgun, KYGUNCO would have to ship the gun to an INDIANA FFL where I would pay that transfer fee.


    Correct?

    Pretty sure that is generally correct. It has always been the case when I attend an auction out of state. Illinois is more restrictive than that though.
     

    snorko

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    Apr 3, 2008
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    Evansville, IN
    I have dealt with this issue as well. Basically, if you are close enough to meet, you are close enough to meet at an FFL. I have simply offered to cover the transfer fee.
     

    Kirk Freeman

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    Mar 9, 2008
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    Lafayette, Indiana
    I guess I was just curious where the notion that handguns were a no-no, but long guns were okay, came from.

    Remember 8th grade? Remember how enthused your buddies were about sex but no one really understood anything? Same thing in the gun culture.

    You need to think of the inverse of your fact pattern. People often make improper analogies in attempting to understand the law. As well, in this case, they do not understand what "licensee" means.
     

    Thor

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    Jan 18, 2014
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    Could be anywhere
    Yeah, but....'Merica!

    Who are you reporting to? Talking to? Registering with? If you ask a lawyer, well, then there's law.
     

    Nam1911

    Sharpshooter
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    0   0   0
    Feb 8, 2015
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    Evansville
    I buy guns from out of state as well as do many here. We drive to whittakers in Kentucky. Buy a gun. Then pick it up on Sunday from the sewing shop in Evansville. Perfectly legal.
     

    WarJunky91

    Plinker
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    0   0   0
    Jan 17, 2016
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    8
    Decatur
    A couple months ago i was talking with a coworker about guns and he was saying how he would buy and sell guns all the time saying he had sold hundreds of guns. Then he drops this bomb on me: "Yeah if i couldn't find anybody to take the gun off my hands i would just go over to the flea markets in Ohio and walk around for a while and someone would always end up buying it off of me." I didn't even try to correct the guy, i was just dumbfounded.
     

    jgressley2003

    Expert
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    0   0   0
    Feb 2, 2011
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    Miami County
    A couple months ago i was talking with a coworker about guns and he was saying how he would buy and sell guns all the time saying he had sold hundreds of guns. Then he drops this bomb on me: "Yeah if i couldn't find anybody to take the gun off my hands i would just go over to the flea markets in Ohio and walk around for a while and someone would always end up buying it off of me." I didn't even try to correct the guy, i was just dumbfounded.

    Sounds like your coworker doesn't care who he sells to. I hope his transactions don't end up in the wrong hands.
     
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