Posted: 10/23/2007 5:19:02 AM EDT
| can some one tell me what the laws are,hide a guy tell me if i wanted the shotgun he was selling,he could just ship it to me. being we are both in ohio. he even said he would ship cod, right or wrong. thanks for looking. toni. |
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Perfectly legal, as long as the seller has no knowlege that the buyer is otherwise prohibited from posessing a firearm (under age, felon, etc.). from the ATF's FAQ: B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back] A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. [18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)] |
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I sometimes wonder if it isn't prudent to have a FFL run a transfer check on someone you don't know very well. Though the law is rather forgiving about one's knowledge of the buyer. You can always access county of residence court records if in doubt though. It would be nice to have a state level database to use, instead of 88 seperate counties. Telling some one that you do such may very well scare off the inappropriate. A receipt/bill of sale is essential regarding date of sale in my opinion, for numerous reasons. |
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You can ship any firearm, not just a rifle, to a same-state resident. No FFL needed. No interstate transfer is involved. No record keeping is required. Why would you want to create it? A FAXed copy of their drivers license will extablish residency. You can check the Ohio Offender's website for prison data. Or just an Ohio CHL, something everyone should have. You've met all requirements. But no need to retain this paperwork, you're not a FFL. -- Chuck |
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Even with a private sale/buy, you'll want a record to keep for your own purposes, with the name of the buyer/seller. Not just a proof of purchase, if as a buyer that issue comes up. The first time you buy/sell a gun used in a crime, before or after respectively, you will be glad that you have a record with a purchase/sell date.  There is a bill of sale that can be downloaded somewhere on this site, IIRC.FFL paperwork stays with the FFL, though the database he checks is Federal, not just State of Ohio. Going the extreme route of using an FFL might be prudent if you get bad vibes from a buyer. |
No, not "whatever". You are a free man, excercising your God-given, and Constitutionally protected rights. Stop acting like a subject. Why do so many people act as enablers for an overly intrusive government? I'll be damned if I'll do their gun registration for them. |
Exactly. It's your firearm. If you meet the person and they give you the 'vibe', then don't sell it to them. |
Dismiss it if you want, but I've been through it. I had a gun come back to me that was used in a crime. I sold it to someone at a show, had no paper trail, and told the officer investigating it such. He said "Thank you very much, have a nice day" and that was that. Not a big deal, IMHO. |
It went well for you in this case then; the full circumstances of the incident might have made contacting you a formality, given other evidence in the circumstance. It doesn't always go so well. Especially if the weapon ends up eventually in the wrong hands, and/or criminal acts are commited with it, since you don't know what the buyer is going to do with it thereafter. As a buyer, it can be problematic to be found in possession of a stolen weapon, or one previously used in a crime, when you have no dated proof of purchase. If you do have such, while you will lose the weapon you won't be subject to a possible criminal investigation. This can be especially location dependent, given the position and motivation of a local prosecutor. Again, for protection after the fact, I do advocate having a dated receipt/bill of sale, with a name. Though obviously, the individual buyer/seller will decide for themselves what they want to do. |
Actually, you are protecting yourself against the possible inappropriate actions of another citizen, whether you are a buyer and the weapon was stolen/used in a crime previously, or as seller regarding what happens after the sale. Government involvement thereafter, if it occurs, is as an arbitrater in a matter between other citizens, one of whom was the victim of a crime of some sort. Regretably at such a point you are involved in the matter in some way. With proper precautions taken previously, your involvement can be quickly absolved in your favor, usually without the expensive services of an attorney. Such above mentioned documentation would fall under the designation of "Private Papers" kept by a citizen. With all rights come responsibilities; some of these are proscribed by law, some of which are not, but are prudent nonetheless. |
And quite impossible unless the transaction is handled by the FFL. There is no legal way to process a 4473 without the signature of the buyer. -- Mike |
The transaction would be handled by a FFL, as a condition of the sale. In such a circumstance, your FFL would be officially be acting as a broker of the sale, for his fee of course. Again, such would only be used at a seller's discretion, given his appraisal/opinion of the buyer. As was mentioned earlier, some buyers might cause you to cancel a sale altogether. |