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Posted: 3/16/2005 1:16:48 PM EST
[Last Edit: 3/17/2005 3:08:02 AM EST by Voodoo17]
I have a lower listed for sale and an interested party from one state over has said that as long as they present transfer paperwork I will be within the law by selling them the lower. My understanding is that any transaction of a registered firearm sold out of state must be through a licensed FFL. Am I wrong here? Hive mind please chime in on this.(Meant "interstate sale)
Link Posted: 3/16/2005 1:18:06 PM EST
"transfer paperwork"?

lol.... You are correct. You must ship to an FFL in his state. or he can come to an FFL in your state. You cannot ship directly to him unless he's an FFL.
Link Posted: 3/16/2005 1:47:56 PM EST
Also,most states allow neighbor state citizens to purchase/sell long guns face to face in either state,as long as all local laws are followed.No hand gun sales are allowed though.
Link Posted: 3/16/2005 1:55:36 PM EST
[Last Edit: 3/16/2005 1:56:09 PM EST by NAM]

Originally Posted By Apatriot:
Also,most states allow neighbor state citizens to purchase/sell long guns face to face in either state,as long as all local laws are followed.No hand gun sales are allowed though.



ONLY FROM AN FFL.

you cna't go to your frined billy bob in the neighboring state and purchase a firearm. you CAN go to an FFL in that state with your friend billy bob and have the transfer done.

Bottom line, if it's exchanging hands across state lines, you need an FFL.
Link Posted: 3/16/2005 1:58:58 PM EST
Link Posted: 3/16/2005 2:04:36 PM EST
Sure you can.It is perfectly legal to go from colorado to wyoming and buy a long gun from an individual,or for that individual to come to colorado to buy .There is NO requirement in Colorado state law or Wyoming State law that firearms purchases go through an FFL.The Only requirement is that they have a valid I.D. showing they are 21 or older.FFL dealers are required to follow Federal laws,because they agreed to it in order to be an FFL.There are no requirements of a private citizen to follow Federal law,only state law.State law says that a private citizen cannot sell a handgun to someone from out of state,and that is very clear,But they may sell any long gun.This is per both Colorado state law and wyoming state law.Also,back ground checks are only required at Gunshows.Not required outside of gunshows between private parties.
Link Posted: 3/16/2005 2:07:52 PM EST
[Last Edit: 3/16/2005 2:08:12 PM EST by NAM]
And i quote:

"(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]


A person may only buy a firearm within the person's own state, except that he or she may buy 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. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29] "

http://www.atf.gov/firearms/faq/faq2.htm#b2



Link Posted: 3/16/2005 2:10:39 PM EST
Link Posted: 3/16/2005 3:18:41 PM EST
[Last Edit: 3/16/2005 3:20:10 PM EST by EOD_Guy]

Originally Posted By Apatriot:
Sure you can.It is perfectly legal to go from colorado to wyoming and buy a long gun from an individual,or for that individual to come to colorado to buy .There is NO requirement in Colorado state law or Wyoming State law that firearms purchases go through an FFL.The Only requirement is that they have a valid I.D. showing they are 21 or older.FFL dealers are required to follow Federal laws,because they agreed to it in order to be an FFL.There are no requirements of a private citizen to follow Federal law,only state law.State law says that a private citizen cannot sell a handgun to someone from out of state,and that is very clear,But they may sell any long gun.This is per both Colorado state law and wyoming state law.Also,back ground checks are only required at Gunshows.Not required outside of gunshows between private parties.



All that information about state law may be absolutely correct. However, it would be a violation of Federal law. The difference is in which prison you could spend time. Also Federal law does apply to transfers by individuals who are residents of different states,
Link Posted: 3/16/2005 3:33:19 PM EST
[Last Edit: 3/16/2005 3:34:46 PM EST by rkbar15]
Code of Federal Regulations
Title 27 Alcohol, Tobacco Products and Firearms
PART 478—COMMERCE IN FIREARMS AND AMMUNITION

§478.29 Out-of-State acquisition of firearms by nonlicensees.

No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of §478.96(c) and

(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§478.30 and 478.97.

[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]


§478.29a Acquisition of firearms by nonresidents.

No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State shall receive any firearms unless such receipt is for lawful sporting purposes.

[T.D. ATF–363, 60 FR 17451, Apr. 6, 1995]


§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.

[T.D. ATF–313, 56 FR 32508, July 17, 1991; 57 FR 1205, Jan. 10, 1992]
Link Posted: 3/16/2005 4:34:36 PM EST
I wish the quotes of regulations were written in plain language. Purchaser says that they are a licensed dealer in NJ and will have the "paperwork" necessary for the sale. One big question; Is a licensed dealer an FFL holder?
Link Posted: 3/16/2005 5:14:39 PM EST
[Last Edit: 3/16/2005 5:16:29 PM EST by ScaryGuy]

Originally Posted By Apatriot:
Also,most states allow neighbor state citizens to purchase/sell long guns face to face in either state,as long as all local laws are followed.No hand gun sales are allowed though.



Wrong.

You may purchase from an FFL in a contiguous state, provided it is not against the law in either state, but no private sales. It's Federal law, not State.

Any interstate transaction MUST go through a licensed dealer, even if you live ten feet from the state line.

SG
Link Posted: 3/16/2005 5:29:45 PM EST
[Last Edit: 3/16/2005 5:35:57 PM EST by rkbar15]

Originally Posted By ScaryGuy:

Originally Posted By Apatriot:
Also,most states allow neighbor state citizens to purchase/sell long guns face to face in either state,as long as all local laws are followed.No hand gun sales are allowed though.



Wrong.

You may purchase from an FFL in a contiguous state, provided it is not against the law in either state, but no private sales. It's Federal law, not State.

Any interstate transaction MUST go through a licensed dealer, even if you live ten feet from the state line.

SG



The contiguous state restriction under federal law was removed many years ago. Some states still restrict the transfer except from contiguous states though.
Link Posted: 3/17/2005 3:06:11 AM EST
A thank you to the "hive mind". I had to back out of the sale because it was offered as, I must pick up the tranfer fee. Not split the fee so I would lose that fee from an already low price. Thanks again to the "mind"!
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