Use of Pay Pal to "pre-pay" before FTF meeting

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  • doddg

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    Moneygram. Pick up your cash at Walmart. If seller sent shipping costs, UPS it to his FFL.

    I have done this.

    If distance and meeting is an issue you can send to an FFL and let them pick it up at their leisure.


    Both simple directions lend me to believe if guy was the collector he said he was that he should have made those simple suggestions b/c he had done such things in dealing with guns he wanted but lived far away and out of state.
    My standard answer is that I don't ship, simply b/c I've never done it.
    Can you pay the vendor you are using to ship it with to pack it for you?
     

    Ggreen

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    Both simple directions lend me to believe if guy was the collector he said he was that he should have made those simple suggestions b/c he had done such things in dealing with guns he wanted but lived far away and out of state.
    My standard answer is that I don't ship, simply b/c I've never done it.
    Can you pay the vendor you are using to ship it with to pack it for you?

    You can ship it yourself, unless the recieving dealer refuses non FFL transfers. Still payment should be usps money order to prevent someone claiming fraud and reversing charges. Generally, it's just easier to pick up and cheaper. Shipping adds 35 bucks plus FFL transfer fee
     

    JettaKnight

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    Question: Is doing the transaction illegal if done standing on TN soil?

    Well that's certainly a different question... and I don't exactly know the answer. You're both IN residents, so no FFL is required - even if you ship it, so I would say that the exact physical exchange of the firearm and where that takes place is irrelevant. All of the laws are written about the residence of the parties involved.
     

    openwell

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    FTF "CASH" Only, your hand to mine.

    I bought a beautiful S&W 586 listed on armslist Cash FTF in April. Seller asked how I was going to pay. I told him cash twenties or hundreds. his choice 100s. & the guy brought a marking "ammonia pen" tested all the while apologising. I was just glad I brought the "real bills". LOL....

    Then I gave him a tip for free.

    I prepared a bill of sale, complete wil carbon paper, from him to me with the amount and clearly

    marked "As Is and Where Is"

    that phrase will save sellers a lot of grief from buyers that "think you gave them a guarantee".

    some buyers just love small claims courts for every thing.
     

    doddg

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    Well that's certainly a different question... and I don't exactly know the answer. You're both IN residents, so no FFL is required - even if you ship it, so I would say that the exact physical exchange of the firearm and where that takes place is irrelevant. All of the laws are written about the residence of the parties involved.


    That is exactly what I was thinking and why it could be fine, since we were both residents of the same state.
    But, if Indiana doesn’t want people from other states hopping over the State line to do gun exchanges, I could understand that.
    Or perhaps Tennessee wouldn’t appreciate that either, Ha!
     

    openwell

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    Well that's certainly a different question... and I don't exactly know the answer. You're both IN residents, so no FFL is required - even if you ship it, so I would say that the exact physical exchange of the firearm and where that takes place is irrelevant. All of the laws are written about the residence of the parties involved.

    PRESENCE (where you do the transaction)
    establishes Residence requirement
    without any further information required.

    so I only sell within Indiana. prefer Indianapolis vs. Jeffersonville for example
     

    JettaKnight

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    PRESENCE (where you do the transaction)
    establishes Residence requirement

    without any further information required.

    so I only sell within Indiana. prefer Indianapolis vs. Jeffersonville for example

    Huh? :n00b:

    Just because I am standing TN doesn't mean I'm a TN resident. It doesn't matter where you are, but where you live.


    [STRIKE]I'm sticking to my answer (two IN residents can do a FTF transaction in TN) unless someone can point me at a law that states I'm wrong.[/STRIKE]
    18 U.S. Code § 922 (a)(5)

    EDIT: I think Sig's right (see below). 922(a)(3) would seem to indicate so. The only exclusion is that a long gun sale could be done if a dealer does a transfer.

    It'd also work if you change your will leaving the gun to the buyer, and you die, but that seems like a lot of extra work.
     
    Last edited:

    Sigblitz

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    for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State,

    You're setting yourself up for a felony, Doddg. Hope your buyer isn't the man.


    Don't. Just don't.
     

    WebSnyper

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    Huh? :n00b:

    Just because I am standing TN doesn't mean I'm a TN resident. It doesn't matter where you are, but where you live.


    [STRIKE]I'm sticking to my answer (two IN residents can do a FTF transaction in TN) unless someone can point me at a law that states I'm wrong.[/STRIKE]
    18 U.S. Code § 922 (a)(5)

    EDIT: I think Sig's right (see below). 922(a)(3) would seem to indicate so. The only exclusion is that a long gun sale could be done if a dealer does a transfer.

    It'd also work if you change your will leaving the gun to the buyer, and you die, but that seems like a lot of extra work.

    Presence in TN, could subject you to any TN laws (and potentially interstate regulations, etc) regarding the purchase or sale potentially, based on the location of the transaction (you would not necessarily be subject to laws regarding TN residency). In any case, I would not do it. Too much research, and too much potential down side involved, and not worth it to me to figure it all out based on the size of this particular transaction.

    https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

    "A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions."
     

    openwell

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    "presence" I was referring to Indiana residence in private sales of long guns or handguns. Seller is not required to have buyer show proof of residency nor do inquiry of if he can lawfully purchase. If you have knowledge of person being prohibited by residency or otherwise then don't do the deal.
    I do a bill of sale which can contain as little as date. description. serial number. "as is. where is".
    I have contact info if needed. If buyer or seller does not seem "right" then I walk away with I am sorry I am not comfortable with it.
     

    doddg

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    for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State,
    You're setting yourself up for a felony, Doddg. Hope your buyer isn't the man.

    Don't. Just don't.

    Presence in TN, could subject you to any TN laws (and potentially interstate regulations, etc) regarding the purchase or sale potentially, based on the location of the transaction (you would not necessarily be subject to laws regarding TN residency). In any case, I would not do it. Too much research, and too much potential down side involved, and not worth it to me to figure it all out based on the size of this particular transaction.
    https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

    "A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions."


    Thanks guys!
    Decided 4 days ago on Saturday getting feedback here that I was woefully ignorant & not to even think about it. :dunno:
    Sunday, the gun in question sold FTF here from someone who had contacted me Friday evening and since they had an old flip phone that didn't receive texts or email is why they didn't follow up better (and obviously didn't sit beside his computer all day).
    We were both sitting in the Pilot Flying J parking lot for 20 minutes not knowing the other was there, b/c I couldn't reach him by email or text and he didn't see where I'd tried calling him.
    Every time I saw a red Ford 150 4-door, I thought it was probably him, but he was parked around the corner where I couldn't see him.
    He had called me twice Sunday to connect, so I didn't think he was going to be a no-show.
    A comedy of errors in trying to connect with someone with old technology.
    Great guy, however & a joy to talk with.

    The week before, I told a guy to meet me at Lowes at 4444 S. Emerson and I'd be in the back right of the parking lot in the corner of the lot, facing the store.
    They parked somewhere else and waited.
    They didn't pick up when I called when 5 minutes late to ask where he was.
    He finally drove around the parking lot till he saw my green Subi and admitted that I was exactly where I said I'd be.
    Great guy, great conversation, but didn't follow directions well. :laugh:
     
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