Selling a handgun Legal opinion

[shooter1054]

During a discussion with a friend, the topic of selling a handgun out of state to a relitive came up. The disagreement was when I said that it has to be done through an FFL. He said he didn't think so since it is being sold to a relative. Am I wrong or is he a hypothetical felon?

 

[MadBomber]

You're right, he's wrong. Sales of handguns across state lines must go thru an FFL in order to be considered legal.

 

[Sigasaurus]

The Gun Control Act mandated the licensing of individuals and companies engaged in the business of selling firearms. This provision effectively prohibited the direct mail order of firearms (except antique firearms) by consumers and mandated that anyone who wants to buy a gun from a source other than a private individual must do so through a federally licensed firearms dealer. The Act also banned unlicensed individuals from acquiring handguns outside their state of residence. The interstate purchase of long guns (rifles and shotguns) was not impeded by the act so long as the seller is federally licensed and such a sale is allowed by both the state of purchase and the state of residence.
Private sales between residents of two different states are also prohibited without going through a licensed dealer, except for the case of a buyer holding a Curio & Relic license purchasing a firearm that qualifies as a curio or relic.
Private sales between unlicensed individuals who are residents of the same state are allowed under federal law so long as such transfers do not violate the other existing federal and state laws. While current law mandates that a background check be performed if the seller has a federal firearms license, private parties living in the same state are not required to perform such checks under federal law. State laws however can prohibit such sales.
A person who does not have a Federal Firearms License may not be in the business of buying or selling firearms. Individuals buying and selling firearms without a federal license must be doing so from their own personal collection.
The Gun Control Act forbids sales of all firearms by federally licensed dealers to persons under the age of 21, with the exception of rifles and shotguns to persons over the age of 18.

 

[Sigasaurus]

That should give you some solid evidence

 

[Bunnykid68]

He is wrong

 

[shooter1054]

Thank you. I was pretty certian I was right...for a change

 

[HDSilvrStreak]

That brings up an additional question in my mind.

What if it is an inherited item? Say my grandfather passed away and left a handgun to my brother that lives in KY. (All hypothetical as I have no relative in KY). Could he just come up to IN and pick it up since it's not being "sold"? Or is it technically being sold for $0?

What if I want to give him a handgun as a gift. Can I just buy it here and take it to him in KY when I go visit? Would that gift have to go through an FFL since it crosses state lines?

Just curious.

 

[Sigasaurus]

In my opinion I would say that it should be transferred regardless when it is leaving the state just for a little cya for you.

 

[shooter1054]

Just throwing a monkey wrench into the gears, I was told by a gun shop that it was ok to sell across state lines in a private sale. Now I am very confused. All I needed was to have a bill of sale. Two different answers to the same question. They said that it would have to be transfered by an FFL if it was going to be shipped. But if it was going to be a FTF sale, no FFL was needed.

 

[SemperFiUSMC]

Just throwing a monkey wrench into the gears, I was told by a gun shop that it was ok to sell across state lines in a private sale. Now I am very confused. All I needed was to have a bill of sale. Two different answers to the same question. They said that it would have to be transfered by an FFL if it was going to be shipped. But if it was going to be a FTF sale, no FFL was needed.

You can't transfer a firearm to a person who does not reside in the same state as you. You can be tried, convicted and imprisoned. That means give, lend, rent, lease, sell, etc.