question about trading guns across state lines


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Zundfolge
December 30, 2002, 10:07 PM
Lets say hypothetically my brother (who lives in another state) comes to visit and brings his gun ... I decide I like it and he decides he likes one of mine so we trade.

Is this legal?

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Graystar
December 30, 2002, 10:51 PM
No, it isn't legal.

I don't know Colorado law, but it may even be illegal for him to possess a weapon once he arrives.

Federal law doesn't allow us to dispose of handguns to anyone except a non-licensed resident of your home state (subject to state law, of course) or to a federally licensed person in another state.

However, with that said, it really all depends on whether the serials numbers are recorded as a matter of licensing. Here in New York, the serial numbers of all the guns a person owns are recorded on the license. In Idaho, the serial numbers are never recorded.

So, as with anything that isn't officially titled or regulated, possession is 9 / 10ths of the law. If you and your brother both say that a particular gun belongs to him or to you....then it simply does!

So if you can pull off the swap without breaking the law (or getting caught) I don't think there's much the law can do about it.

Poodleshooter
December 31, 2002, 06:14 PM
It is illegal. However, barring a federal cross examination of both parties tax/residency status at a given time and the 4473 that you originally bought the weapon with, there is no way to identify that a trade took place across state lines.

Shamaya
December 31, 2002, 06:59 PM
I wouldn't try it with a stranger.

But if my mom decided to leave a firearm with me after traveling by car to get here, I wouldn't go through a 4473 for all the tea in China -- on principle. Anyone who tells me I cannot buy a firearm from my own mother or receive it as a gift handed to me in person in my own home can go to hell.

That being said, I'm sure the gun NAZIs at BATF would like to squander exhorbitant amounts of tax dollars ruining decent people's lives to prosecute such "criminals" as those who'd receive a gift or trade from a family member. Thugs is as thugs does.

Legal? You broke several laws today without even knowing it, I'm sure. Law of averages suggests we all did -- unless we stayed in bed and didn't speak.

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