pistol swapping - AR15.COM

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Posted: 4/11/2006 3:31:40 AM EDT

Here is a trick question:

two people swapping pistols
one lives in VA one in NC
they meet at the state line
Va guy walks to NC side and gives NC guy pistol
NC guy walks over to the VA side and gives VA guy his pistol

is this legal since it was NOT traded ACROSS state lines?

ETA: Both partys have the propper paperwork (ie CCW or permit to purchase). This is hypothetical.
I was thinking about it since I now live a few miles from the SC border.

Posted: 4/11/2006 3:38:16 AM EDT

[#1]

The pistols crossed state lines. How did they NOT cross state lines? They aren't IN the state they started out in.

Posted: 4/11/2006 5:55:55 PM EDT

[#2]

NE 1 else?

Posted: 4/11/2006 5:59:03 PM EDT

[#3]

I think he kind of nailed it.

Posted: 4/11/2006 6:05:24 PM EDT

[#4]

they didnt cross state lines in a transaction.

VA guy crossed the state line, and then, for a few seconds, lawfully posses his pistol in NC, before giving it as a gift to his friend.

NC guy crossed the state line, and then, for a few seconds, lawfully possed his pistol before giving it to a freind.

no crime.

Posted: 4/11/2006 6:06:36 PM EDT

[#5]

Quoted:
they didnt cross state lines in a transaction.

VA guy crossed the state line, and then, for a few seconds, lawfully posses his pistol in NC, before giving it as a gift to his friend.

NC guy crossed the state line, and then, for a few seconds, lawfully possed his pistol before giving it to a freind.

no crime.

sounds about right

Posted: 4/11/2006 6:07:45 PM EDT

[#6]

I think its about where you are a resident of, not your physical location.

Posted: 4/11/2006 6:08:11 PM EDT

[#7]

I believe you can only sell handguns to another resident of your state. Long guns may be a different matter - not so sure on this.

Posted: 4/11/2006 6:13:33 PM EDT

[#8]

You could always ask the BATFE their opinion.

HH

Posted: 4/11/2006 6:16:28 PM EDT

[#9]

Quoted:
I believe you can only sell handguns to another resident of your state. Long guns may be a different matter - not so sure on this.

Gotta go FROM an ffl TO a ffl if going across state lines in a swap or sell. Rifles can go from the owner to a FFL.

What you propose is a grey area maybe, but why chance paying a lawyer $1000s for a $500 pistol?

Posted: 4/11/2006 6:19:51 PM EDT

[#10]

Don't ask, Don't tell.

Posted: 4/11/2006 6:23:57 PM EDT

[#11]

Quoted:
Quoted:
they didnt cross state lines in a transaction.

VA guy crossed the state line, and then, for a few seconds, lawfully posses his pistol in NC, before giving it as a gift to his friend.

NC guy crossed the state line, and then, for a few seconds, lawfully possed his pistol before giving it to a freind.

no crime.

sounds about right

You're very profound. Its amazing what you add to discussions here.

The GUN AND OWNER passed over the state line in the course of a transaction. Thats enough to trip the oh noes button.

Getting cute and playing with symantics always ends in trouble for the people being....cute.

Posted: 4/11/2006 6:30:59 PM EDT

[#12]

Quoted:
they didnt cross state lines in a transaction.

VA guy crossed the state line, and then, for a few seconds, lawfully posses his pistol in NC, before giving it as a gift to his friend.

NC guy crossed the state line, and then, for a few seconds, lawfully possed his pistol before giving it to a freind.

no crime.

That is what I thought /read.
You can sell / give a pistol to someone while YOU are in another state but you CANNOT buy/recieve one while in NON home state

Posted: 4/11/2006 6:44:23 PM EDT

[#13]

What about,

Move across state lines, give away pistol,

move back to.......h.gif

you get the idea.

Posted: 4/11/2006 6:47:06 PM EDT

[#14]

Use an FFL.

Posted: 4/11/2006 6:50:44 PM EDT

[#15]

Oh please.

Even when you cross the state line and pick up the pistol, you're still a RESIDENT of the other state.

Therefore, when you take it BACK across state lines to take it home, you just broke the law, as the pistol passed over State lines without going through an FFL.

Period.

Gifts are NOT excepted by Federal law except under the auspices of a will/disposition of an Estate:

"FEDERAL LAW

The transfer of handguns and long guns between private parties residing in different states is generally prohibited as provided in subsections 178.29 and 178.30. These sections say that firearms may not be transferred, sold, traded, given, transported or delivered from an unlicensed person in one state to an unlicensed person in another state unless:

1. the transfer is made to carry out a bequest (as stated in a will), or
the transfer is the result of "acquisition by intestate succession" (transfer from an estate in which there was no will, and
the person is permitted to receive the firearm under the laws of his/her home state.

OR

2. the firearm is loaned or rented to the nonresident for temporary use for lawful sporting purposes."

Use an FFL.

SG

Posted: 4/11/2006 6:55:38 PM EDT

[#16]

How could that action possibly violate the 2nd ammendment? "...Shall not be infringed."? (I know the commerce clause crap)

Posted: 4/11/2006 6:56:40 PM EDT

[#17]

Quoted:
How could that action possibly violate the 2nd ammendment? "...Shall not be infringed."? (I know the commerce clause crap)

Since when has the Second Amendment mattered with regard to gun laws?

SG

Posted: 4/11/2006 6:58:29 PM EDT

[#18]

Absolutely legal!

Posted: 4/11/2006 7:02:57 PM EDT

[#19]

Quoted:
Don't ask, Don't tell.

Until the BATF is asking you why your gun ended up at a murder scene in a neighboring state.

I don't support the gun laws but I am bound by law to follow them.

Posted: 4/11/2006 7:06:42 PM EDT

[#20]

Nowadays, gas price is so expen$ive, it might be worthwhile to just use FFLs for transfer. I know, if you do trade, you get hit double the tabs from ffls...ask me how I know

Posted: 4/11/2006 7:11:17 PM EDT

[#21]

Not a problem.

I lived in NC and moved to Richmond, VA.

I called the state police in VA and asked them what I had to do. They told me that it was legal for me to own a handgun in VA so just bring it up.

Posted: 4/11/2006 7:13:21 PM EDT

[#22]

Why Not ? , I hear they do the same thing with Wives in Utah.

Posted: 4/11/2006 7:14:14 PM EDT

[#23]

Quoted:
Not a problem.

I lived in NC and moved to Richmond, VA.

I called the state police in VA and asked them what I had to do. They told me that it was legal for me to own a handgun in VA so just bring it up.

You moved. Different situation altogether.

SG

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