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Posted: 1/25/2006 5:32:15 PM EDT
I am thinking of thinning the herd a bit to purchase something else.I would like to post in some of the sales sites around but never sold a gun this way.So what are the things to do and not to do so I stay out the slammer and not get ripped off in the process.Im in Milwaukee County.Also if I spot a trade or sale I would like to make what is the route to go on this? Do you people have a local FFL dude that does transfers in my area?Thanks Scott
Link Posted: 1/25/2006 7:20:12 PM EDT
Face to face with a Wisconsin resident who is an adult and affirms that they are not a felon or otherwise prohibited from owning a firearm, is a cash and carry, no paperwork deal; both pistols and longarms.

All out of state hand gun sales must go through an FFL.

Face to face long arm sales to a resident of a contiguous border state is okay, unless state laws prohibit it. IL residents are a no-go. MI and MN residents can buy your long arms face to face.

Long arm sales to residents of not-touching states must go through an FFL

If you setup a sale to an out of stater that requires shipping ....... good luck.
Carriers are finicky about shipping arms, and some FFLs wont receive an arm from a private citizen.
This means that you may end up in a predicament where you have to pay an FFL to ship the gun on your end, and the recipient has to pay an FFL to receive and paper the gun on his end.


Most of us elect to swap all of our stuff around in-state to other residents.
It's fool proof that way, ... everything not-class-3 is okay to trade like baseball cards.
No headaches.

PM headed your way.

Link Posted: 1/26/2006 12:28:35 AM EDT

Originally Posted By Throttle-Junkie:

MI and MN residents can buy your long arms face to face.




I was under the impression that this was a felony. I live on WI/MN border.
Link Posted: 1/26/2006 3:54:16 AM EDT
Hopefully Glenn or Sully will fall in here and render a LEO opinion on the matter.

I could search WI statutes, but that wouldn't be definitive by itself.

Link Posted: 1/26/2006 4:18:06 AM EDT
[Last Edit: 1/26/2006 4:24:10 AM EDT by FMD]

Originally Posted By inferno715:

Originally Posted By Throttle-Junkie:

MI and MN residents can buy your long arms face to face.




I was under the impression that this was a felony. I live on WI/MN border.



IIRC there's some sort of "memorandum of understanding" with the contiguous states of MN, MI, IA, IL, IN, and WI that allows interstate purchase. The gist is that you, as a WI resident, can walk into an FFL and purchase a long gun in those states by filling out the 4473. Also, a MN resident can come here and do the same. While this is legal, not every FFL in every state will do it (CYA).

FTF between residents of two different states will get you in trouble, period.

IANAL, and this is not legal advice, of course.

ETA WI to the list
Link Posted: 1/26/2006 4:20:25 AM EDT
[Last Edit: 1/26/2006 4:21:30 AM EDT by glenn_r]
I believe face-to-face to another state's resident is a crime. FFL's can sell long-guns (not handguns) to a contiguous state's resident. So I couldn't sell my rifle to a MN resident, but if the buyer and I went to a Wisconsin FFL, the FFL could transfer it to the MN resident.

Can't quote the statute right now, that's my memory. I'll try to find a citation to back up my claim.
Link Posted: 1/26/2006 4:22:09 AM EDT
[Last Edit: 1/26/2006 4:23:02 AM EDT by FMD]

Originally Posted By glenn_r:
Can't quote the statute right now, that's my memory. I'll try to find a citation to back up my claim.



I'll beat you to it, G:

"Rifles and shotguns can be purchased in a contiguous state as long as the purchase complies with Federal law and the laws of the contiguous state. Statute 175.30"

From Glenn_R's WI Legal FAQ at the top of the page here in the HTF.
Link Posted: 1/26/2006 5:35:53 AM EDT
I don't have a citing right now, but I'm gonna hold out.
I know I didn't make this up.

Why would anyone specify the specific category of long arms being tranfered among contiguous border states if it applied to FFL-01s doing papered transfers?

Can't an FFL-01 transfer a long arm to me anywhere?
As a WI resident, if I go into a gun shop in FL or TX, are you telling me that they cannot transfer a long arm to me because our states are not contiguous?

I don't believe that is the case.
I think the FFL-01 does all of his transfers the same; nothing changes on his end whether your from his state, a neighboring state, or three states away.
Except maybe verifying that your home state doesn't prohibit ownership.
IE: Don't let Cali residents buy ARs in Nevada.

I still think face to face transfers of long arms betwen private individuals residing in contiguous border states is A-OKAY; provided that neither state law expressly prohibits doing so.

I'll try to dig something up later.
Link Posted: 1/26/2006 7:26:53 AM EDT
[Last Edit: 1/26/2006 7:28:24 AM EDT by glenn_r]
Federal 922(a)(5) makes it illegal for person-to-person interstate firearm sales, even if it is face-to-face. That's why a FFL dealer must be involved, even for FTF sales.

Federal 922(b)(3) prohibits FFL dealers from selling to anyone except a resident of their own state, unless states have adopted laws permitting this. That's why Wisconsin and contiguous states have adopted laws permitting sales to visitors from neighboring states. So you can buy a rifle in person from a Minnesota FFL, but you cannot buy a rifle in person from a TX dealer.

Sorry, TJ, you're wrong on this one.
Link Posted: 1/26/2006 8:04:03 AM EDT
No need to be sorry.

If my understanding of the law is incorrect, I want to know.

No ego bruising here.

Just the fax ......
Link Posted: 1/27/2006 12:34:47 PM EDT
[Last Edit: 1/27/2006 12:36:30 PM EDT by Interceptor_Knight]
Federal law states that you must comply with the laws of both states. If your state of residency has no such statute restricting its residents to only purchase from contiguous states, then residents of that state may purchase long guns from any other state. It is NOT required to have explicit language allowing it in the state.


except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States
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