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Posted: 4/23/2014 1:17:56 PM EDT
Person from Toledo wants to buy a rifle from me, I was going to ship it to his FFL but he also wants to come to my town and buy a good amount of .308 ammo from me.

He's going to pay me in person for gun and ammo, figured if an FFL can do transfer from me to him it would be better than me mailing the gun to his Ohio FFL dealer and risking the mail people losing or damaging the rifle in transit.

Michigan law allows someone from another state to buy a rifle/shotgun from a Michigan FFL as long as it is allowed in the buyer's state.

What about buying from a private individual physically in Michigan and transferred by an FFL onsite? Buyer and seller go to FFL dealer to have the transfer done to Ohio buyer? Possible? Yes/No? Is it one transfer or two?

Asked at the dealer and was told they could ship it to his dealer. I can ship it myself and have.

Dealer said they can sell him a gun from their stock, but can't transfer my gun to him. Right or wrong.

Person at FFL seemed not to know exactly and asked me to come in tomorrow and talk to manager.

Thanks for any help.
Link Posted: 4/23/2014 1:52:38 PM EDT
[#1]
To SHIP it to him, it must be through an FFL.

To BUY, directly from you? His Ohio Driver's License.

FTF sales of LONG GUNS ONLY are A-OK between MI and IN, OH, and WI. As are purchases from an FFL.

If he's coming up anyway, just skip the transfer fees. He might prefer to have a gun that "no longer exists."

Link Posted: 4/23/2014 2:27:28 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
To SHIP it to him, it must be through an FFL.

To BUY, directly from you? His Ohio Driver's License.

FTF sales of LONG GUNS ONLY are A-OK between MI and IN, OH, and WI. As are purchases from an FFL.

If he's coming up anyway, just skip the transfer fees. He might prefer to have a gun that "no longer exists."

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Discussion ForumsJump to Quoted PostQuote History
Quoted:
To SHIP it to him, it must be through an FFL.

To BUY, directly from you? His Ohio Driver's License.

FTF sales of LONG GUNS ONLY are A-OK between MI and IN, OH, and WI. As are purchases from an FFL.

If he's coming up anyway, just skip the transfer fees. He might prefer to have a gun that "no longer exists."



MCL 3.111. Rifles and shotguns; purchases by residents. Residents of this state may purchase rifles and shotguns in any state if they conform to the federal gun control act of 1968, Public Law 90-618, and the regulations issued under that act, as administered by the secretary of the treasury, and with the laws of the state in which the purchase is made.

MCL 3.112. Rifles and shotguns; purchases by nonresidents. Residents of another state may purchase rifles and shotguns in this state if they conform to the federal gun control act of 1968, Public Law 90-618, and the regulations issued under that act, as administered by the secretary of the treasury, and with the laws of the state in which the purchaser resides.


§ 478.30 Out-of-State disposition of
firearms by nonlicensees.
No nonlicensee shall transfer, sell,
trade, give, transport, or deliver any
firearm to any other nonlicensee, who
the transferor knows or has reasonable
cause to believe does not reside in (or if
the person is a corporation or other
business entity, does not maintain a
place of business in) the State in which
the transferor resides:
Provided, That
the provisions of this section:

(a) shall not apply to the transfer,
transportation, or delivery of a firearm
made to carry out a bequest of a firearm
to, or any acquisition by intestate
succession of a firearm by, a person
who is permitted to acquire or possess
a firearm under the laws of the State of
his residence; and

(b) shall not apply to the loan or
rental of a firearm to any person for
temporary use for lawful sporting purposes.


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]

Link Posted: 4/23/2014 2:47:41 PM EDT
[#3]
But then there is also this:

Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping. See also Question B3.
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