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1/25/2018 7:38:29 AM
Posted: 7/8/2002 4:31:13 AM EST
Here's a different wrinkle on this subject. While shipping out of state has been covered well on other topics in this section, how about selling a firearm while physically out of one's home state? Let us suppose, for example, one had a firearm (assume everything legal, from acquisition through transport and possession in the OTHER state) and traveled from the home state to another, possibly on a trip. Further suppose one goes to a gun show there and just happens to have a good price offered on the firearm. Is it an out of state sale? The buyer, say, an individual not a dealer (with FFL) wanting to buy it, is making the purchase in his/her home state, in compliance with Federal law. I realize the complication of intent, that is, someone could accuse the seller of transporting the firearm in order to sell out of state; and, this may be it's undoing. I suppose the question is how federal law is applied here. The seller isn't shipping it. The question is more or less academic, as I have no plans to do something like this. But, if I had something along on a trip and someone offered to buy it or trade something intresting, it would be helpful to know where I would stand.
Link Posted: 7/8/2002 8:26:22 AM EST
The only unlicensed individual you can transfer a firearm to is a resident of your home state. In order to sell to a resident of another state, the transfer has to go through a licensee in the purchaser's home state. See the link. [url]http://www.atf.treas.gov/firearms/faq/faq2.htm#b1[/url]
Link Posted: 7/8/2002 8:57:46 AM EST
OIC, we both have to be residents of the same state (unless FFL, of course). Thanks for the simple, concise clearing up. May keep me from gettting myself into trouble if the situation ever arises.
Link Posted: 7/9/2002 3:53:30 PM EST
I believe that there is a provision where a nonlicensee from one state can transfer(sell)a longarm to a nonlicensee(buyer) from a different state, if the states are bordering each other and there are no state/local laws prohibiting the transfer. I am no expert on this. Comments?
Link Posted: 7/9/2002 10:46:20 PM EST
Link Posted: 7/10/2002 3:18:40 AM EST
I should have read the regulations guide before commenting! The provision that I was thinking of deals with a licensee transferring a longarm to a nonlicensee from a different state. In the Regulations Guide Part 178.96(c), there is a provision for this type of transfer if the out of state nonlicensed buyer goes, in person to the licensees place of business.
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