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AR15.COM
12/15/2006 8:49:26 PM EDT
different from my "legal?" thread...

i always try to find these answers but never get a solid "yes" or "no"

what if someone from ND, wisconsin or iowa were to drive to MN to sell a firearm? legal?

reason i ask, my boss at my winter job had an uncle pass away and has alot of firearms left behind... in North Dakota... and my boss is unsure of transporting them, i said it should be legal... but not sure...

any personal experience on this?
12/15/2006 11:00:25 PM EDT
[#1]
No, not legal.  Change of ownership across state lines must go through an FFL.

That said, I'm sure it happens all the time.  
12/16/2006 3:43:47 AM EDT
[#2]
To transport firearms, simply make sure they are unloaded and in a closed case of some sort.  Keep them in the back of the vehicle or as much as unaccessable to the occupants as possible.  Do not put loaded magazines in the case next to the weapon.  With to procedure you should be good to go.

CY6
Greg Sullivan "Sully"
Chief Instructor
SLR15 Rifles
TheDefensiveEdge.com  
12/16/2006 6:11:25 AM EDT
[#3]

Quoted:

what if someone from ND, wisconsin or iowa were to drive to MN to sell a firearm? legal?



Have you tried reading the ATF FAQ?
12/16/2006 9:38:31 AM EDT
[#4]

Quoted:
different from my "legal?" thread...

i always try to find these answers but never get a solid "yes" or "no"

what if someone from ND, wisconsin or iowa were to drive to MN to sell a firearm? legal?

reason i ask, my boss at my winter job had an uncle pass away and has alot of firearms left behind... in North Dakota... and my boss is unsure of transporting them, i said it should be legal... but not sure...

any personal experience on this?


Unless you want to have Bubba as a cell mate I would not be any part of this.

Transporting across state lines is no problem as long as it is cased and unloaded.
12/16/2006 11:31:40 AM EDT
[#5]

Quoted:

Quoted:
different from my "legal?" thread...

i always try to find these answers but never get a solid "yes" or "no"

what if someone from ND, wisconsin or iowa were to drive to MN to sell a firearm? legal?

reason i ask, my boss at my winter job had an uncle pass away and has alot of firearms left behind... in North Dakota... and my boss is unsure of transporting them, i said it should be legal... but not sure...

any personal experience on this?


Unless you want to have Bubba as a cell mate I would not be any part of this.

Transporting across state lines is no problem as long as it is cased and unloaded.


so what about the BUYER, any trouble on that persons part?
12/16/2006 12:43:58 PM EDT
[#6]
Face To Face transaction by residents of the same state are legal.
If a resident of ND and MN did a FTF in MN or ND that would be illegal, but is No problem if it is Transfered via a FFL.

So you cannot take possession of any of these guns unless they transfered via a FFL.

That is why you are asking the question right?

12/16/2006 1:48:41 PM EDT
[#7]

Quoted:
Face To Face transaction by residents of the same state are legal.
If a resident of ND and MN did a FTF in MN or ND that would be illegal, but is No problem if it is Transfered via a FFL.

So you cannot take possession of any of these guns unless they transfered via a FFL.

That is why you are asking the question right?



i dont even know what firearms my boss's uncle had, or if id even be interested, just trying to figure out the rules first.
12/16/2006 3:37:05 PM EDT
[#8]
Are you an ATF agent?
12/16/2006 3:42:30 PM EDT
[#9]

Quoted:
Are you an ATF agent?


nope. and i dont have an FBI hat either
12/16/2006 3:46:49 PM EDT
[#10]
12/16/2006 4:41:04 PM EDT
[#11]

Quoted:


Crap, Funs over the mods found this thread.
12/17/2006 12:31:42 PM EDT
[#12]

Quoted:
so what about the BUYER, any trouble on that persons part?


If a BUYER buys a firearm FTF in Minnesota as a resident and the seller doesn't represent himself as an out of state seller, the buyer is not in any legal trouble but I wouldn't take the chance.

If the seller knowingly either A) sells FTF out of his own state, or B) sells to a KNOWN non-resident he is going to prison.  

If you know you are dealing with a non-resident of the same state in a FTF transfer, do not proceed.  If it can be proven you will attract the attention of people you do not want the attention of.  

12/18/2006 4:25:25 AM EDT
[#13]
Good information here.

It should also be noted you cannot get a handgun from an out of state FFL, only long guns.  So in your case if you wanted to buy your uncles pistol, it would need to be shipped to a MN FFL.

These laws are blatantly broken by guys posting on The High Road site.  You will see posts all the time for "WTS: Colt 1911 in MN, WI or IA"

I asked the mods to post something saying this is not allowed with the ATF links, but all they said it was up to the parties to obey the law
12/18/2006 6:37:51 AM EDT
[#14]

It should also be noted you cannot get a handgun from an out of state FFL, only long guns.


I think that was the way that the rules read for many years, but I think that they changed a few years ago.  There is a sign at the Sportsmans Warehouse in Woodbury that says something about Wisconsin residents being able to buy handguns there, but I don't remember the exact wording.  Maybe I'll go do a little research on that ATFE website.

ETA:

Looks like I was wrong on that.  This is from the ATFE website linked above:


(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire 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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]



(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]




I'll have to read that sign at Sportsmans Warehouse closer.  Maybe they have a Wisconsin store & that's how they get around it, by being an FFL in both MN & WI.  It sure wouldn't be very convenient for, say, a Hudson resident to buy a handgun in Woodbury & have to pick it up, for example, in Milwaukee.  Sportsmans Warehouse, in Woodbury, would have to be able to let the buyer take possession right there for there to be any advantage to the buyer.

ETA again:

They have locations in DePere, New Berlin, and West Bend, WI, all in the eastern part of WI.
12/18/2006 9:04:48 AM EDT
[#15]
Probably...
buy it in MN, pick it up at the WI store.

Sportsmans MN FFL to Sportsmans WI FFL.
12/19/2006 1:04:55 PM EDT
[#16]

Quoted:
Probably...
buy it in MN, pick it up at the WI store.

Sportsmans MN FFL to Sportsmans WI FFL.


That sounds more like it... but, wouldn't the FFL be the store owner, or, the corporation???

I didn't think Sportsmans needs to deal with FFL transfers when they are still in inventory like that. (moving a gun from inventory at the woodbury store to a WI store)

This is more of a question than legal advise.