Out of state private sales

[MikeyB]

I talked to my local FFL and I've searched online, but keep finding different information. Can I legally sell a handgun out of state to another individual face to face? I was under the impression all out of state private sales must be done through an FFL. My LGS says out of state private sales are fine. Can anyone clarify? I know we're beating a dead horse here but I've never done an out of state sale and just want to make sure everything is legal.

 

[Bunnykid68]

All handguns must go thru an FFL when out of state, always

 

[nm0369]

Which LGS told you that was fine?

 

[MikeyB]

That's what I thought. I even referenced the atf website and my lgs said it was still ok since I wasn't shipping it.

 

[Rob377]

18 USC 922(a)(5)

(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;

 

[MikeyB]

I rather not say just because I don't want to hurt their reputation and they've always been good to me. I will however tell them of their mis-information.

 

[MikeyB]

Thank you Rob377. Now I have something to reference and I'm glad I asked.

 

[mrjarrell]

Your LGS is trying to get you arrested. As has already been said, it has to go through an FFL in the buyers state. Don't believe even half of what anyone in a LGS tells you, unless you already know it to be true.

 

[MikeyB]

Ok one last question. Since we're basically going to be trading handguns, would we both be able to go through the same FFL? Say if I drive to a dealer in Kentucky to do the transfer would that ffl also be able to transfer my friends gun to me even though I'm an Indiana resident? Im under the impression my friend would have to drive to an Indiana FFl or have it shipped to an Indiana FFL to sell his gun to me.

 

[Bunnykid68]

The one you are getting has to go thru an Indiana FFL. Someone will correct me in a second if I am wrong

 

[MikeyB]

Your LGS is trying to get you arrested. As has already been said, it has to go through an FFL in the buyers state. Don't believe even half of what anyone in a LGS tells you, unless you already know it to be true.

Thank you. And you also just answered my next question lol. I'll stick with Indiana sales from now on. Too much red tape to sell out of state.