Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 1/20/2006 10:24:49 AM EDT
Someone just offered to purchase a rifle I'm selling but states that he just moved to PA and don't have a PA drivers license yet. Is it legal for me to sell it to him FTF withough going through a FFL? Need some quick help.
Link Posted: 1/20/2006 10:27:54 AM EDT
Link Posted: 1/20/2006 10:33:42 AM EDT
tough one - it is a federal offense if he is not a resident of your state. Instinct says they'd prosecute you both equally.

Easy answer, go to a FFL with him and split the fee.
Link Posted: 1/20/2006 10:35:16 AM EDT
[Last Edit: 1/20/2006 10:35:48 AM EDT by dolanp]
If you have reasonable cause to believe he might not be a resident then the onus is on you not to break the law. You might see if there's any way he can prove he is a resident. Utility bill, something..

FFL is the safe route.
Link Posted: 1/20/2006 10:36:48 AM EDT
Link Posted: 1/20/2006 1:48:23 PM EDT
Thanks guys!
Link Posted: 1/20/2006 2:26:37 PM EDT

Originally Posted By cms81586:
Someone just offered to purchase a rifle I'm selling but states that he just moved to PA and don't have a PA drivers license yet. Is it legal for me to sell it to him FTF withough going through a FFL? Need some quick help.




To cover your ass, I'd ask him to either get a drivers license and show it to you, or provide you with a copy of his apt lease, water/phone company deposit, or something to prove he is a resident of your state.
Link Posted: 1/20/2006 2:27:52 PM EDT

Originally Posted By TacticalStrat:

Originally Posted By cms81586:
Someone just offered to purchase a rifle I'm selling but states that he just moved to PA and don't have a PA drivers license yet. Is it legal for me to sell it to him FTF withough going through a FFL? Need some quick help.




To cover your ass, I'd ask him to either get a drivers license and show it to you, or provide you with a copy of his apt lease, water/phone company deposit, or something to prove he is a resident of your state.



+1
Link Posted: 1/20/2006 2:28:34 PM EDT
Ask him if he works for CNN.
Link Posted: 1/20/2006 2:33:39 PM EDT
All he has to do is go the the DMV or whatever in your state. They should hole punch his old license, put a sticker on the back with the new in state addy and tell him the new one will arrive in 2 weeks. He wont have to wait for the new one and you know hes on the level.
Link Posted: 1/20/2006 4:24:03 PM EDT
correct me if I am wrong, and I know you will. You can buy a long gun in any state. Therefore you can sell it to him as long as he is an American.
Link Posted: 1/20/2006 4:37:43 PM EDT

Originally Posted By mushoot:
correct me if I am wrong, and I know you will. You can buy a long gun in any state. Therefore you can sell it to him as long as he is an American.



It depends on state law to
Link Posted: 1/20/2006 4:45:37 PM EDT
[Last Edit: 1/20/2006 4:47:45 PM EDT by ScaryGuy]

Originally Posted By mushoot:
correct me if I am wrong, and I know you will. You can buy a long gun in any state. Therefore you can sell it to him as long as he is an American.



From an FFL, yes, as long as it's legal for you to buy the gun in YOUR state AND the state in which you purchase it.

Private sales between residents of different states are not allowed, per Federal law.

SG
Link Posted: 1/20/2006 4:52:54 PM EDT
[Last Edit: 1/20/2006 4:56:21 PM EDT by dread-pirate]
If he has the intention to reside in or is residing in the state then it is legal. If you are worried about an ATF sting, then get some sort of documentation that he IS residing in the state. Lease utilities etc. Match the names with his out of state DL. Make copies. Take a photo of the gun and serial number with a dated newspaper and tape measure/yardstick to show proper length. Give a copy to your lawyer. Basically the law is in a grey area.

He as to have the INTENTION of residing in the state, or be residing inthe state. Also check your local laws. I thought all PA transfers had to go through an FFL but I may be wrong on that detail.

But it can't hurt to CYA. I'm sure he will understand that all you are doing is CYA.
[edited to add:]
IF he has NO intention of residing in your state and or is NOT residing in your state it is against federal law. A drivers license is not what proves you live in a certain state. In FL you have 10 days to get your new license and 30 days to get your tags. You could very well have a lease and utility bills for your new state and not a DL. The grey area is the INTENTION part. and where I would get proof on paper or would deny the sale.
Top Top