Posted: 2/9/2009 10:24:49 AM EDT
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I am hoping someone on this board can help me out as the net has not been very helpful in finding an answer.
I live in a city in Georgia which is right across the border from our sister city in Alabama. I have been selling and buying a few firearms on PrivateGunSales.com and meeting the buyers in person to conduct the sale. I ask to view my buyer's Driver's License to verify their age and state of residence. I then fill out a Bill of Sale and swap the cash for the gun. I had a buyer in our sister city in Alabama contact me for an AR I had listed. I told him that I was not clear on the legal requirements to sell to a resident in another state and I would get back to him if I thought it was worth it. Georgia is a great state for P2P sales from a documentation standpoint,but only for Georgia residents. I ended up selling the AR to another buyer in Georgia, but I am curious. What would I need to do to sell to someone in Alabama? Would we need to go through an Alabama FFL? Would I drive over the border and conduct the sale at an FFL there? Any advice or pointers to documentation on the net would be appreciated. My gut tells me it isn't worth the trouble even if the buyer is only five minutes away in Alabama. |
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http://www.atf.gov/firearms/faq/faq2.htm#b
(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]
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] (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back] 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] (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back] A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer. [18 U.S.C. 922(a)(3) and 922(b)(3)] |
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Quoted:
http://www.atf.gov/firearms/faq/faq2.htm#b (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]
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] (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back] 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] (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back] A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer. [18 U.S.C. 922(a)(3) and 922(b)(3)] I'm a little dense. Let's say somebody from Alabama is visiting SC. They want to trade their rifle for my rifle. Can I legally trade them in a FTF/pvt. party transaction? |
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Quoted:
Quoted:
http://www.atf.gov/firearms/faq/faq2.htm#b (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]
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] (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back] 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] (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back] A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer. [18 U.S.C. 922(a)(3) and 922(b)(3)] I'm a little dense. Let's say somebody from Alabama is visiting SC. They want to trade their rifle for my rifle. Can I legally trade them in a FTF/pvt. party transaction? No. All transfers of firearms between residents of different states must go through at least one FFL. For a long gun it can be in either state as long as the laws of both the sellers state and buyers state are followed. For a handgun the FFL must be in the buyers state. The old 'adjacent state' laws are obsolete at the Federal level. You can buy a long arm in any state from an FFL subject to state laws. If the state law says you MAY purchase in contiguous states you are fine. (permissive law) If the state law says you may ONLY purchase in contiguous states you must use an FFL in your state. (restrictive law) |