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Posted: 2/3/2021 9:37:42 AM EDT
[Last Edit: 2/3/2021 10:03:42 AM EDT by builttoughf250]
I have a feeling this isn’t legal, so I’m going to ask and hope someone 100% knows the law on this matter. I know, don’t take legal advice online.

I have a semi auto “uh salt rifle” for sale.

A Wisconsin resident wants to buy it. He said he has a CCW permit and that the private sale is legal as long as it takes place inside of MN.

The last time I had a situation like this ( Saiga 12 gauge ) I met the buyer at bills gun range in Hudson to do the transfer / 4473.

Thoughts ? I don’t want my dogs to get shot.
Link Posted: 2/3/2021 2:08:32 PM EDT
Resident to non-Resident transfer requires it to go through an FFL.
Link Posted: 2/3/2021 7:13:20 PM EDT

A person may transfer a firearm to an unlicensed resident of their 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 their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may 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)(5) and 922(d); 27 CFR 478.30, 478.32]
Link Posted: 2/3/2021 9:34:20 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Weasel_Master:
Resident to non-Resident transfer requires it to go through an FFL.
View Quote

Link Posted: 2/4/2021 8:50:34 AM EDT
Either the buyer is attempting to mislead you to avoid FFL’s, or he hasn’t taken the time to learn state laws (and for some reason is looking outside his state). Or tiny Chance we should quote Admiral Ackbar here. My guess is the first one.
Link Posted: 3/23/2021 10:03:23 AM EDT
Remember this when you MN guys are at a gun show in WI.
Link Posted: 3/24/2021 11:07:37 AM EDT
A Non Resident.....

Generally, a firearm may not lawfully be sold by a licensee to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the licensee in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)]

In theory the purchase of an assault rifle (regular rifles and shotguns) (MN definition) from FFL Holder in say WI as long it follows the WI and MN laws (PTP or PTC).  And the dealer wishes to do it.

In the old days, it was you could only buy long guns from a Contiguous State....for MN that would be ND, SD, IA, and WI

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