I am trying to figure out the legalities of person to person transfers, preferably in Utah. I know the basic answer but I need to be able say "this is legal because...." Also, how much background info do you need on the person you are selling to? If they hold themselves out, and you have good reason to believe, them to be a resident of your state and a non-felon is that enough or should you always run a back ground check?
Thanks,
Originally Posted By BarbarianPhilosopher:
I am trying to figure out the legalities of person to person transfers, preferably in Utah. I know the basic answer but I need to be able say "this is legal because...." Also, how much background info do you need on the person you are selling to? If they hold themselves out, and you have good reason to believe, them to be a resident of your state and a non-felon is that enough or should you always run a back ground check?
Thanks,
<––-FFL
Before I got my FFL I would just ask to see that the buyer held a Texas drivers license. I did not write down the information on the license or make him give me any more information because the law does not require it.
You can't run a check on your buyer through the FBI, as access to the FBI NICS is strictly limited to licensed dealers.
While some believe a "bill of sale' offers the seller a measure of protection from possible criminal use of the firearm it really doesn't.....a "bill of sale" isn't required under Federal law and MAY offer benefit to the buyer to show who, where and how he came into possession of the firearm.
If you are concerned about the buyers background or residence, use a local FFL to transfer the gun to the buyer. The dealer would be required to conduct a NICS check on the buyer.
Below are FAQs from the ATF. At the end of each FAQ answer are cites to the applicable Federal law or regulation.
http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer
Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]
