Did I just cost myself some money?

[level0]

Ugh. So I'm in the process of selling a handgun and this potential buyer mentions to me that he is an Indiana resident, has his IN DL, but is currently living out of state. I kinda stumbled when he mentioned the out of state part and got cold feet. I'm unclear on what the law considers residence. I told him what was going on in my head, but he's convinced everything is above board. I couldn't wrap my head around it though and told him we had to use an FFL or no deal. Of course that incurs extra cost on both ends since I wanted to ship to his out of state FFL. I advised the guy that while my price is righteous, adding FFL and shipping fees on would make my price less attractive...I told him he could likely find a better deal elsewhere and walked away from a sale.

Someone reassure me that I did the right thing here. I hate to pass up a sale. This guy had cash in hand and a seemingly valid IN DL, but the squawk about living out of state gave me cold feet.

 

[chezuki]

I'd have done the same.

 

[bradmedic04]

I'd have done the same.

Seconded.

 

[GodFearinGunTotin]

Yep. As I understand it, anytime state lines are involved, I'm bringing in FFL's too. Not worth the feds coming after me for a sale.

 

[jwh20]

I think you did the right thing also. He may legally be an out-of-state resident even if he still has his IN DL. Had he said nothing, you'd have had no reason to believe he wasn't an IN resident. But by mentioning that he lives elsewhere does indeed put you in a spot. Yes, involving an FFL adds cost but does ensure that you've complied with the law.

It's also not unheard of for the ATF to do sting operations in order to entrap otherwise lawful sales. So by introducing the IN resident doubt and you going ahead with it, they might have arrested you. It's happened and if this was a sting operation they are probably kicking themselves for not setting the hook well enough. You know how these guys love nailing a good guy with a bad law.

 

[BuckeyeBrad]

Better really safe than really sorry.

 

[level0]

Thanks all, appreciate the feedback. jwh, did not even consider a sting! Wow that would have sucked big time!!

 

[snorko]

If he is an Indiana resident but currently living out of state, how could he take possesion of a handgun from an ffl out of state?

 

[KG1]

Sounds too complicated. I don't do complicated. I would've done the same and moved on. My number one rule in any private firearm transaction is to feel comfortable with how the deal goes down and confident that I have met my obligation in conducting a legal sale.

 

[ModernGunner]

Absolutely agree with the others. Why (potentially) put yourself in the 'trick bag' if something doesn't 'feel' right?

If the price is 'righteous' as noted, someone will come along and snag up the deal.

on taking the smart path.

 

[rbhargan]

You did the right thing.

 

[jerrob]

Ya followed your gut, no need to question that kind of decision.
I once had a guy ask if a DUI conviction counted. I told him I didn't know and since he didn't either, no sale. Sold the gun to a guy with a LTCH a few days later.........problem solved.

 

[churchmouse]

If you are receiving mail at a given address out of state you are no longer a resident and should get the local credentials. This one is full of fail.

 

[Joniki]

Yep! I would have run from the deal as well.

 

[VSP1340]

Did he state why he was living elsewhere while maintaining Indiana residence? From what you said, it sounds like there were no plans for a FTF meeting. Is that right? Maybe I misunderstood and you observed his DL in person. If he is a resident of Indiana you would be within the law to sell it to him, but the part about how he is going to get the gun while residing outside the state would bother me. You can only ship it within the state without involving an FFL.

 

[dailylc]

I'm with VSP1340. If he can show you proof of residence at time of sale, the sale would be legit. If he wanted me to ship it to him, that's another story. Now, if he produced the ID under false pretenses, he would have a lot of explaining to do.

 

[printcraft]

When in doubt pull out.

Great advice for a variety of situations.

 

[Bfish]

If he is an Indiana resident but currently living out of state, how could he take possesion of a handgun from an ffl out of state?

I was thinking the same thing.. I would have called the local ffl or something, or even the one he planned to have it transferred to and started asking questions and went from there. What about a guy who maybe is an Indiana resident but works out of state (living there a fair amount of the time). I have a buddy who is an INGO guy who is an Indiana resident but lives in another state working. And he can't buy a gun in that state, but he can buy one here when he is home on the weekend or something. Or what about a retired couple who claims residency in Florida but lives in Indiana 8 months of the year? They can't buy a gun here in Indiana but they can in Florida... It all get sticky you know?

That being said you made the right choice at least by the means of you weren't comfortable with it and you walked away... I see no issue, if your price is good and all it will sell.

 

[ruger1800]

Good call

 

[Jeremy1066]

When in doubt pull out.

Great advice for a variety of situations.

That's what she said.