When selling FTF can I sell to a Hoosier out of state? and more....

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  • melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,069
    77
    Far West Suburban Lowellabama
    As I understand the Indiana laws, I, as a firearms seller, must take a reasonable amount of care to know that I am only selling a gun to a 'qualified' person. My criteria for knowing if a person is legally qualified to buy a handgun from me is to show me his INDIANA driver's license, that shows he is a resident. My criteria for knowing that he is not a felon is to show me a LTCH because it is my understanding that to attain a LTCH you cannot be a felon.

    Question 1: Is a FTF transfer legal between two Indiana residents outside of Indiana? That meaning can I, as a Hoosier, meet a fellow Hoosier, across the state line and make the actual sale in one of our border states?


    Question 2: When you make a sale, do you ask for a full name? I don't mean do you write it down and record it, but do you at least expect to know the name of the guy you are selling a gun to?


    Question 3: He has yet to give me a straight answer to my "Are you a felon?" question. He balks continually at my offer to do an all expense paid transfer to his local FFL (saving him a drive and other expenses).​
    So does anyone smell a rat? Possibly an ATF set up? Possibly a felon trying to circumvent the law?
     

    jayhawk

    Expert
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    3   0   0
    Jul 16, 2009
    1,194
    48
    Fort Wayne, IN
    1) I don't know, but I'd assume you'd technically be required to follow the other state's laws.
    2) Yes, that requirement is met by the DL or ID
    3) That seems awfully fishy to me. If your spidey senses are kicking in, it's probably good to listen to them.
     

    Shoots4Fun

    Master
    Rating - 100%
    74   0   0
    Dec 21, 2008
    1,771
    38
    Indianapolis, IN
    Agree with the others. Go the proper route where you can be covered legally. I'd prefer to deal with an FFL in a questionable situation and exactly what I've done in the past.
     

    quicksdraw

    Expert
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    3   0   0
    Mar 27, 2008
    932
    18
    Eastern In.
    If he is a fellow Hoosier, why does he want to do the transfer in another state? And if he is legal, why won't he give you a straight answer to the felon question? If I were you I would run, not walk, away from this guy.
     

    mbaza3

    Sharpshooter
    Rating - 100%
    42   0   0
    Nov 21, 2009
    639
    18
    Arizona
    1. I would not play with fire and risk the legal ramifications that may or may not be associated with doing so especially if you are referring to Illinois.

    2. I ask to see a DL.

    3. Run away from the deal.
     

    JohnP82

    Grandmaster
    Rating - 100%
    12   0   0
    Apr 2, 2009
    10,220
    63
    Fort Wayne
    If I were to do a FTF sale with an individual I would want his name for my personal records so I have a paper trail. I would also need to see an IN driver's license to verify they are an IN resident. If they were to have a problem with this...no sale.

    I generally do not see a need to see a LTCH as it is not needed for a purchase and it doesn't really verify they are a proper person. Don't get me wrong it can help, but IIRC when asked to return it after being revoked if you do not it is a misdemeanor charge so if someone was convicted of a felony and their LTCH was revoked I doubt they would care about a misdemeanor charge for not sending it back in. Just my :twocents: Again though don't get me wrong looking at it can help and if a seller wanted to see mine for peace of mind I would have no problem showing it.

    As far as the buyer balking about the FFL transfer...this would make me hesitant especially if it were all paid by me. Some people are just paranoid and want to purchase guns FTF as to not be on any kind of record, but if your instincts are telling you something does not seem right then I would go with your gut.

    Good luck with your decision.
     

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    37,839
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    NWI, North of US-30
    38294391495379408.jpg


    The mere fact that you are posting this tells me that your "spider senses" are turned on at least a little bit. Either have him go thru an FFL or walk away no matter how good the deal is. Just walk away from the "white mouse". =)
     

    Prometheus

    Master
    Rating - 100%
    1   0   0
    Jan 20, 2008
    4,462
    48
    Northern Indiana
    Question 1: Is a FTF transfer legal between two Indiana residents outside of Indiana? That meaning can I, as a Hoosier, meet a fellow Hoosier, across the state line and make the actual sale in one of our border states?


    I don't think you would be breaking any IN laws, but you would most likely be breaking the law of the state in which the sale took place and where you would be subject to that states jurisdiction. The subsequent transport of that firearm across state lines may then subject it to federal scrutiny.
    Question 2: When you make a sale, do you ask for a full name? I don't mean do you write it down and record it, but do you at least expect to know the name of the guy you are selling a gun to?

    No. I ask for nothing. To qualify that, I once asked to see a guys ID because he drove up in a car with ILL plates. I would do so again as well. In that case he didn't have a problem showing his IN DL.

    Under IN state law, I don't have to ask any questions before selling, however when he showed up with blatant out of state tags, I believe that feel under the State statutes that cover "knowingly".

    Question 3: He has yet to give me a straight answer to my "Are you a felon?" question. He balks continually at my offer to do an all expense paid transfer to his local FFL (saving him a drive and other expenses).
    So does anyone smell a rat? Possibly an ATF set up? Possibly a felon trying to circumvent the law?

    I've never asked anyone if they were a felon before selling a gun. If I did have to ask, I probably wouldn't be selling it or I'd be asking for a LTCH in addition to a DL, which I would normally never ask for.

    Given the way you have laid things out, I'd find another buyer. It's not worth the hassle now, let alone the hassles later if you sell to a prohibited person.

    Also, if doing such a sale/xfer, make them meet you on this side of the border.
     

    chadc11

    Shooter
    Rating - 0%
    0   0   0
    Mar 11, 2010
    82
    6
    Venice, FL
    Like a few have said before, him not wanting to go the expenses paid FFL route seems fishy. That is a very reasonable offer by you to make sure everything is legal. I personally would look for another buyer.
     
    Rating - 100%
    61   0   0
    May 16, 2010
    2,146
    38
    Fort Wayne, IN
    No chance I would do that. I wouldn't sell a gun to a guy I did not know without seeing his drivers license. I had some guy last week get me to meet him across town and then he wouldn't even show me his license, not even bring it out of his wallet to make sure it said Indiana. No dice with me, too shady.
     

    Jolfe

    Plinker
    Rating - 100%
    1   0   0
    Jul 9, 2011
    119
    16
    Muncie
    For me to sell you a gun I'd got to have two things:

    a) A valid IN Driver's Licence, from which I'd copy (and keep for my records) your name and DL number; and

    b) a valid LTCH card (which number I'd also keep for my records). As someone said above, having a LTCH card won't guarantee that you're not currently a felon, but for me it's still a lot better than just your word for it.
    I know this isn't required by law, but by my common sense it is.

    Without these two, sorry, no deal. If you're not willing to provide information as basic as this when you're buying a gun, in my book there's something wrong with you and I'd rather sell it to somebody else. :):
     
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