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Posted: 6/7/2003 8:25:15 PM EDT
I'm about to sell a handgun to my father in law in an adjacent state, but it's only an hour drive from me...lol. Anyway I was under the impression that a handgun sale to a person in another state had to be transferred through a dealer. However I spoke to a dealer today that told me that person to person transfers for any weapon were okay without a dealer. The same dealer also had some post 94 30 rounders for sale in the preban drawer and when I mentioned it nicely so he'd know, he asked me where were the magazine police...lol. Okay, well I feel the same way about the logic of the magazine ban but want to follow the law. So...no dealer transfer needed or dealer transfer needed? Thanks all.
Link Posted: 6/7/2003 8:40:05 PM EDT
Sorry, if you want to be perfectly legal, you'll need to go through a dealer.
Link Posted: 6/7/2003 8:40:16 PM EDT
[Last Edit: 6/7/2003 8:43:13 PM EDT by Merril_B]
[b]NO![/b] Handgun sales can only be conducted with other residents in state, and then while following all state and local laws. Federal law provides that private, person to person sales of LONG GUNS may take place amongst residents of bordering states, but not handguns. Ask Warren Portman of the former Portman Firearms Museum, who had to sell his entire museum and all of his guns because he got nailed (ATF Sting) at a gun show selling a handgun to a resident of another state. [b]WITH THAT SAID...[/b] Jesus christ man. It's your father in law. Do you really think you [b]SHOULD[/b] be following that stupid law in this case? I mean, I can understand following the law to the letter when dealing with internet people, but selling a gun to family? Whatever man. I don't think there is too much to worry about in this case, as far as getting in any trouble.
Link Posted: 6/7/2003 8:41:59 PM EDT
I'm not sure for handguns, but longguns, it depends on the state. When I had a question about this, I just called the reigonal BATF office, and they researched it and called me back. The told me the law pretaining to Missouri, any out of state sale must go thru FFL. They said reguardless of the law, it is a good thing to go thru an FFL anyways.
Link Posted: 6/7/2003 9:09:04 PM EDT
Just give it to him and let him give you a loan or something that you don't have to repay back!
Link Posted: 6/8/2003 6:02:33 AM EDT
Originally Posted By handgun_B: [b]NO![/b] Handgun sales can only be conducted with other residents in state, and then while following all state and local laws. Federal law provides that private, person to person sales of LONG GUNS may take place amongst residents of bordering states, but not handguns.
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Not true. Federal law requires that most firearms transfers between residents of different states must be processed through a dealer. It doesn't matter if it is a handgun or a rifle/shotgun. There are a few exceptions, but none apply in this case. The adjacent state regulation was repealed several years ago and only applied to sales through dealers anyhow.
Link Posted: 6/8/2003 6:46:33 AM EDT
Originally Posted By Merril_B: Whatever man. I don't think there is too much to worry about in this case, as far as getting in any trouble.
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Agreed. Technically you'd almost certainly have to go through an FFL (unless there's some ATF exception for gifts/family) - but the likelihood of getting caught and prosecuted is right up there with having a vortex supressor on that AR you never take out of the closet.
Link Posted: 6/8/2003 8:28:13 AM EDT
Originally Posted By Merril_B: [b]NO![/b] Jesus christ man. It's your father in law. Do you really think you [b]SHOULD[/b] be following that stupid law in this case? I mean, I can understand following the law to the letter when dealing with internet people, but selling a gun to family? Whatever man. I don't think there is too much to worry about in this case, as far as getting in any trouble.
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You can't be serious. It's frequently a family member who turns you in! All interstate transfers of hand/long guns between private parties must be transferred by an FFL. There are some exceptions for LE, military and inheritance but that obviously doesn't apply here.
Link Posted: 6/8/2003 8:33:50 AM EDT
You can't be serious. It's frequently a family member who turns you in!
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Then there'll be a short list of whose ass to kick. So what? Just use your best judgment with your family and "friends."
Link Posted: 6/8/2003 8:42:10 AM EDT
That depends on how many family members have it in for you. [:D]
Link Posted: 6/8/2003 8:46:13 AM EDT
That depends on how many family members have it in for you.
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Then don't act like an asshole.
Link Posted: 6/8/2003 8:55:09 AM EDT
Originally Posted By EOD_Guy:
Originally Posted By handgun_B: [b]NO![/b] Handgun sales can only be conducted with other residents in state, and then while following all state and local laws. Federal law provides that private, person to person sales of LONG GUNS may take place amongst residents of bordering states, but not handguns.
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Not true. Federal law requires that most firearms transfers between residents of different states must be processed through a dealer. It doesn't matter if it is a handgun or a rifle/shotgun. There are a few exceptions, but none apply in this case. The adjacent state regulation was repealed several years ago and only applied to sales through dealers anyhow.
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Beating my head on a wall... Actually, the adjacent state law no longer applies. Transfer must be legal in both buyer's and seller's states. If so... Long guns can be done without a dealer if both buyer & seller are there face-to-face. Again, STATE laws may prevent this. Hand guns interstate must go through a dealer. -hanko
Link Posted: 6/8/2003 8:57:11 AM EDT
Everything ya wanna know... [url]http://www.atf.treas.gov/firearms/faq/index.htm[/url]
Link Posted: 6/8/2003 9:08:17 AM EDT
[Last Edit: 6/8/2003 9:09:41 AM EDT by rkbar15]
Originally Posted By hanko: Transfer must be legal in both buyer's and seller's states. If so... Long guns can be done without a dealer if both buyer & seller are there face-to-face. Again, STATE laws may prevent this. -hanko
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Both parties must be residents of the same state. Any other transfer to an out-of-state resident requires an FFL to do the transfer.
Link Posted: 6/8/2003 9:10:13 AM EDT
Long guns can be done without a dealer if both buyer & seller are there face-to-face. Again, STATE laws may prevent this.
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Incorrect. "B1) To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. 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( b)( 3), 27 CFR 178.29]" and "B2) From whom may an unlicensed person acquire a firearm under the GCA? 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]"
Hand guns interstate must go through a dealer.
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Nooooooooooo, all firearms as defined by the '68 GCA must go through a licensed dealer if the sale is an interstate transaction. Beat your head against the wall some more. Your answer will still remain wrong.
Link Posted: 6/8/2003 9:18:54 AM EDT
gotta love it even the enthusiasts can't agree on what the hell the law is
Link Posted: 6/8/2003 10:42:20 PM EDT
Thanks for all the replies on this topic guys. I suppose I should have just gone to the atf website in the first place, which I did this afternoon and found the above referenced laws. As far as transferring to my father in law or a close friend....I would love to just do it, and not have to worry about it. However, the gun is for a self defense arm, and IF he had to use it AND there was any kind of investigation...."SO, where did you get this gun?" and it's traced. Yeah...the chances of this happening are slim, but better to be safe than sorry. Hard to know what's going to bite you in the ass later. No, I don't think he would do anything to get me in trouble or even bring me into it on purpose but you never know. The scary thing is how many dealers don't know the law, in the last two days I've had two dealers give me bad info. I'm selling a rifle to a guy in another state, and his FFL told him I could mail it straight to him, didn't need a transfer....lol. I'm in the process of applying for an FFL too, so this is especially funny. The sad thing is....there are so many freaking laws NOBODY can know them all. You know, I'm sure people do that every day and don't get caught, but with my luck I'd be the one who did. Bottom line, I'm just not willing to step over the line and take the chance on not being able to own any guns from now on. It's not worth it, for anyone.
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