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1/25/2018 7:38:29 AM
Posted: 9/21/2002 6:12:14 PM EST
Is it legal to transfer firearms between private people across state lines (in person of course)? I would like my brother to buy me some things in Salt Lake City, UT and bring them to me in WY. Any legal issues I need to know about? What about transfers the other way, from WY to UT?
Link Posted: 9/21/2002 6:18:08 PM EST
[Last Edit: 9/21/2002 6:19:17 PM EST by DOCPIG]
If your brother purchased them legally and hand carried them from one state to another than usually a private party transfer from an immediate family member to another is legal but check with the gun laws in your state to be sure.
Link Posted: 9/22/2002 2:31:39 AM EST
Private party transfers between residents of different states are a violation of Federal law unless the firearms are a bequest from an estate.
Link Posted: 9/22/2002 6:40:55 AM EST
I would post this in the legal section, but I don't thik it's legal because it seems like a straw purchase for one thing and then there is the issue of crossing state lines with intent to sell. I don't think the fact that it is your brother would matter, but I would check further just in case. It may not help but your brother might buy it as a 'gift' but it would probably have to run through NICS with both of your info.
Link Posted: 9/22/2002 7:43:06 AM EST
Any out of state purchases/sales must go through an FFL, although the buyer can take immediate possession vs. having it shipped to an FFL in his state as you would need to with a handgun. This, however, is just the federal law - state law may say otherwise. The purchase also needs to follow the law of both states, i.e., a person from California couldn't drive to arizona to buy an ar-15, them being verboten in CA.

At least, that's how things work when purchasing a firearm out of state. I'm not quite sure how selling a firearm out of state would work (as seems to be happening in your scenerio), although I would think it would be the same - i.e., you'd both have to stop off at an FFL in your state for him to do the transfer.

Link Posted: 9/22/2002 9:45:04 AM EST
I thought a straw purchased referred to buying a firearm for someone who could not legally own one.
Link Posted: 9/22/2002 11:29:28 AM EST
Straw purchase really has nothing to do with whether or not the actual end recipient can legally own a firearm, but more with the intent. If you ask your brother to purchase a firearm for you, then yes, it would be considered a straw purchase under the law. If your brother decides on his own to buy a rifle for you as a gift, then it is not a straw purchase. A fine line, but it is there.

Of course, this assumes all other laws are followed - i.e., there are no state laws precluding this and you are both residents of the same state. In your case, you are not, so the point is somewhat moot. The transfer needs to go through a licensee in any case.

Taken from the 4473:

1. For purposes of this form, you are the actual buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (for example, redeeming the firearm from pawn/retrieving it from consignment). You are also the actual buyer if you are aquiring the firearm as a legitimate gift for a third party. ACTUAL BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT the actual buyer of the firearm and must answer "no" to question 12a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual buyer of the firearm and should answer "yes" to question 12a.

As mentioned though, this all goes out the window for interstate transactions.

Link Posted: 9/22/2002 11:37:23 AM EST
Thanks Rocko that was what I needed, I guess I'll just have to get off my butt and drive down and buy them myself.
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