Question on handgun sale.

[DadSmith]

If a person is in a different state visiting a friend. Said friend likes said person's handgun and wants to buy it. Friend isn't a criminal, firearm is legal in said state, no checks required, etc. Could that person sell their handgun to said friend while in friends state?

I do not think it's legal. I'm having a discussion with a friend about it. He thinks it is. Am I right or is he?

 

[1775usmarine]

Has to go thru their ffl.

 

[Ndavid45]

Not a lawyer but no, it would have to be shipped to an ffl in his state then a 4473 filled out to be done legally if he is not a resident of Indiana. No private sales of firearms across state lines. The interstate Commerce Act is used to uphold this. That's my understanding atleast.

 

[indykid]

I had something similar happen to myself. Wanted to buy a friend's firearm but by law he had to return to his home state and then ship it to an FFL here, which we did since being legal is more fun than watching AT and unconstitutional F destroy my windows and doors. Silly, yes but you never know who is listening...

 

[KittySlayer]

Questions:

Does the same FFL transfer rule apply to a rifle sale across state lines?

So say the friend is an Ohio resident and the seller is an Indiana resident, can the seller drive to an Ohio FFL and hand the handgun to the FFL in Ohio who then completes the transfer with a 4473?

 

[Thor]

Whatchu talking about...and why you talkin about it...

 

[Sigblitz]

I had something similar happen to myself. Wanted to buy a friend's firearm but by law he had to return to his home state and then ship it to an FFL here, which we did since being legal is more fun than watching AT and unconstitutional F destroy my windows and doors. Silly, yes but you never know who is listening...

 

[JettaKnight]

If a person is in a different state visiting a friend. Said friend likes said person's handgun and wants to buy it. Friend isn't a criminal, firearm is legal in said state, no checks required, etc. Could that person sell their handgun to said friend while in friends state?

I do not think it's legal. I'm having a discussion with a friend about it. He thinks it is. Am I right or is he?

Assuming I read this correct (seller is out-of-state, buyer is in-state), you need to head over to a nearby LGS in that state to get a transfer done.

Questions:

Does the same FFL transfer rule apply to a rifle sale across state lines?

So say the friend is an Ohio resident and the seller is an Indiana resident, can the seller drive to an Ohio FFL and hand the handgun to the FFL in Ohio who then completes the transfer with a 4473?

Yes, It's the same as if you just mailed it. How it gets there is somewhat moot.


If it's a long gun, the dealer can be here (ie seller's home state), but for a handgun, it must be in the buyer's state.




Remember, if state lines are involved, then so must a FFL holder.

 

[JettaKnight]

I had something similar happen to myself. Wanted to buy a friend's firearm but by law he had to return to his home state and then ship it to an FFL here, which we did since being legal is more fun than watching AT and unconstitutional F destroy my windows and doors. Silly, yes but you never know who is listening...

Who told you this? Do you have some laws to back this up?



Either I'm wrong, or you're wrong...


I fail to see the difference if the firearm is delivered to dealer by a man in a brown uniform acting on your behalf, or by you in cargo shorts and a T-shirt.

 

[Cameramonkey]

Who told you this? Do you have some laws to back this up?



Either I'm wrong, or you're wrong...


I fail to see the difference if the firearm is delivered to dealer by a man in a brown uniform acting on your behalf, or by you in cargo shorts and a T-shirt.

Yes. Find in the law where it lists who must deliver it. There is no difference between USPS/Fedex/UPS/[insert freight company here]/ or somebody who is not the buyer acting as a courier to get it to the buyer's FFL in they eyes of the ATF. My understanding is the only restrictions are by the carriers as to how they can ship. (USPS must be between FFLs, UPS must be next day service, etc)

 

[Hawkeye7br]

I fail to see the difference if the firearm is delivered to dealer by a man in a brown uniform acting on your behalf, or by you in cargo shorts and a T-shirt.

I've seen FFL holders that only accept out of state transfers from other FFL holders. I don't agree but their business, their rules.

 

[JettaKnight]

I've seen FFL holders that only accept out of state transfers from other FFL holders. I don't agree but their business, their rules.

I.e. not the law.

The OP asked about legality (not practicality), and it was presented that it would be illegal. I'm asking for clarification on that.

 

[Cameramonkey]

I.e. not the law.

The OP asked about legality (not practicality), and it was presented that it would be illegal. I'm asking for clarification on that.

That comment is not totally off base. It does help clarify that if OP wanted to go visit his friend and hand deliver it to his friend's local FFL to do the transfer while he was there he should call first to make sure this particular FFL doesnt have a problem with it.

At least that is what I got out of it.

 

[JettaKnight]

That comment is not totally off base. It does help clarify that if OP wanted to go visit his friend and hand deliver it to his friend's local FFL to do the transfer while he was there he should call first to make sure this particular FFL doesnt have a problem with it.

At least that is what I got out of it.

I figured the OP was speaking purely hypothetically.


Practically speaking, yeah, call around and ask.

 

[indykid]

Ok, I was at the 1500 helping an FFL run their tables. Across the aisle was a major firearm dealer who was from out of state. They had a shotgun that I wanted. Both my dealer and their owner told me that I could not transfer the shotty at the show, but that they would have to go back out of state, and then mail it to the dealer I was helping for official transfer. My protesting fell on deaf ears. A few days after the show the shotgun showed up at my dealer, who then did the AT and unconstitutional F mandated transfer.

I did not ask to see the laws involved as the selling dealer was not going to sell me the firearm at the show and allow the transfer then and their. Don't ask me why, I honestly don't know.

 

[DadSmith]

I figured the OP was speaking purely hypothetically.

Yes it was one of them sitting around the campfire arguments spiked with alcohol, grilled brats, and onions.

 

[Kirk Freeman]

State lines=FFL

 

[Tactically Fat]

Borrowing firearms is 100% legal (between nonprohibited parties).

Sending random money in the mail a few months later is 100% legal. "Hey, here's a check for the $400 I told you I'd pay you for helping me move."

 

[JettaKnight]

Ok, I was at the 1500 helping an FFL run their tables. Across the aisle was a major firearm dealer who was from out of state. They had a shotgun that I wanted. Both my dealer and their owner told me that I could not transfer the shotty at the show, but that they would have to go back out of state, and then mail it to the dealer I was helping for official transfer. My protesting fell on deaf ears. A few days after the show the shotgun showed up at my dealer, who then did the AT and unconstitutional F mandated transfer.

I did not ask to see the laws involved as the selling dealer was not going to sell me the firearm at the show and allow the transfer then and their. Don't ask me why, I honestly don't know.

A [STRIKE]confused[/STRIKE] know-it-all dealer telling you legal activities aren't legal?


SHOCKED.

So, why was this out-of-state dealer at the 1500, especially if he wasn't going to sell long guns, as he legally can?

Are these dealers getting kickbacks from UPS/FedEx/USPS?

Yes it was one of them sitting around the campfire arguments spiked with alcohol, grilled brats, [STRIKE]and onions[/STRIKE].