Private sale question
Wierd topic came up recently and I am wondering if somebody can help me figure this out.
Private sales of rifles are legal between in state residents as I understand, but one cannot sell a rifle to a resident of another state, right?
If I am in the military and stationed in Colorado, but am a resident of Texas and hold a Texas drivers license, can I do a private sale of a rifle in Colorado to another Texas resident?
My understanding is that as long as the long gun is legal in your state of residence and there are not any state laws that prohibit it you are fine.
As a dual-state resident, you can sell a firearm to another resident of the same state, during the time you are resident in that state.
If you and the buyer are both physically in Colorado. you may only legally sell (and transfer) to someone who is also a legal resident of Colorado, and residing in Colorado at the time of the sale. Any other form of transaction would require an FFL and have to comply with both federal and both state's laws in regard to firearm sales.
If the buyer is a Texas resident, and you are a dual texas/colorado resident, you could do it legally face to face within the borders of the state of Texas, but not in Colorado.
Originally Posted By Circuits:
As a dual-state resident, you can sell a firearm to another resident of the same state, during the time you are resident in that state.
If you and the buyer are both physically in Colorado. you may only legally sell (and transfer) to someone who is also a legal resident of Colorado, and residing in Colorado at the time of the sale. Any other form of transaction would require an FFL and have to comply with both federal and both state's laws in regard to firearm sales.
If the buyer is a Texas resident, and you are a dual texas/colorado resident, you could do it legally face to face within the borders of the state of Texas, but not in Colorado.
Are you addressing handguns only or all firearms? My understanding was that what you stated applies to handguns but long guns did not have the residency requirements (as long as the long gun was legal in the purchasers home state and/or state law prohibitted the purchase). It been a few years since I was a dealer so my memory could be off or it may have changed. Or are you specifically addressing CO?
Originally Posted By gunnut284:
Originally Posted By Circuits:
As a dual-state resident, you can sell a firearm to another resident of the same state, during the time you are resident in that state.
If you and the buyer are both physically in Colorado. you may only legally sell (and transfer) to someone who is also a legal resident of Colorado, and residing in Colorado at the time of the sale. Any other form of transaction would require an FFL and have to comply with both federal and both state's laws in regard to firearm sales.
If the buyer is a Texas resident, and you are a dual texas/colorado resident, you could do it legally face to face within the borders of the state of Texas, but not in Colorado.
Are you addressing handguns only or all firearms? My understanding was that what you stated applies to handguns but long guns did not have the residency requirements (as long as the long gun was legal in the purchasers home state and/or state law prohibitted the purchase). It been a few years since I was a dealer so my memory could be off or it may have changed. Or are you specifically addressing CO?
For FTF transfers to be legal, you have to physically be in the state where both reside. Two guys from VA can't go to KY and sell each other their long guns (without an FFL), they have to do it within the boundaries of VA.
Federal law has no restrictions on private party handgun or long gun transfers between residents of the same state, within that state. Individuals can (under Fed law) be transferred long guns out of state. All interstate handgun transfers have to occur through an FFL, in the purchasers home state, by an FFL.
Non-residents can transport a handgun or long gun across state lines and transfer it, through an FFL, to a resident (i.e. it doesn't have to hit FFLs in both states).
Originally Posted By gunnut284:
Are you addressing handguns only or all firearms? My understanding was that what you stated applies to handguns but long guns did not have the residency requirements (as long as the long gun was legal in the purchasers home state and/or state law prohibitted the purchase). It been a few years since I was a dealer so my memory could be off or it may have changed. Or are you specifically addressing CO?
It applies to everything.
non-FFL may only sell to a resident of their own state, within the borders of that state, if the state's laws allow it.
An FFL may sell a long gun to a resident of any state, at their licensed premises or a bona-fide gunshow within their licensed state, provided their state's law and the buyer's state's law permits the sale.
An FFL may sell a handgun only to a resident of their licensed state, which can include multiple-state residents, provided they are resident in the FFL's state at the time of the purchase. The most common situation is a handgun to a member of the military stationed within the state, but it can apply to people who have vacation homes or other property in the state, or who are students residing in the state for part of the year.
Gotcha, thanks
