Yet another hypothetical situation


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Poodleshooter
March 3, 2003, 04:05 PM
Party A and party B are related and live in the same household co-currently in State X. Party B owns a handgun purchased in state X, their current shared homestate. Party B is moving to State Y which requires handgun registration and does not allow citizens to transfer handguns in state without an extensive waiting period. To complicate matters, party A is moving to State Z. In order to comply with state Y's registration law, party A takes possession of party B's handguns and moves to state Z.
Now are the following legal, and/or would they cause concern to an FFL?
1. Party A sells party B's handgun then transfers the proceeds to party B, avoiding the need to deal with state Y's bureacratic hassle.
2. Party A in state Z transfers party B's handgun to them in their new state Y residence subsequent to their receiving permission to receive their handgun. The transfer would actually occur between an FFL in states Z and Y.
3. Party A in state Z sells trades party B's handgun in on a new model which party B has requested, then transfers the handgun via FFL to Party B's FFL in state Y

Chief concern is thus: Does the nebulous nature of the private transfer presumed to occur in state X create any difficulty in determining ownership or legally making the sale or transfer in state Z?
Is the entire concern a moot point, providing that party A certifies that the handgun is their own property for reason of convenience in making the sales or transfers? Is there any reason that this assertion could or would be challenged?
Everyone confused? :)
thanks all!

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tetchaje1
March 3, 2003, 04:14 PM
If the gun is your private property and was legally owned in State X then when you move to State Y you should be able to just take your gun with you and register it there (I think that you'd ahve to do it within a certain timeframe after arriving...). There is no reason to sell your gun.

State laws in State Y banning possession of said gun (i.e. "assault weapon" :rolleyes:, not on approved list, etc...) may negate these thoughts.

Check laws of State Y before making a regretful move.

Poodleshooter
March 3, 2003, 04:30 PM
"State Y" simply does not allow handgun owners to take their property with them when they move there. They must wait 6 months, then get a handgun permit from local LEO's office before they can have their handguns transferred into the state. There is no actual inability to own handguns per say, you must simply be licensed to own them.
There's only one state that I know of which does this ;) , but I like to keep it hypothetical.

Blackhawk
March 3, 2003, 04:33 PM
Thanks for the reminder about why I absolutely hate hypotheticals with As, Bs, Xs, Ys and Zs -- way too much like algebra. :rolleyes:

Leatherneck
March 4, 2003, 09:33 AM
Why on earth would Party B move out of Mr. Jefferson's country into State Y? That's like deliberately shooting one's self in the foot! :confused:

TC
TFL Survivor

JMLV
March 4, 2003, 01:07 PM
WOULD YOU EVER MOVE TO A STATE LIKE Y? DON'T GO!
The question actually has a simple answer; what are the laws concerning private sales in state X? these are what you have to follow to transfer ownership of said handgun to roommate after which he may do with it as he pleases legually.

Poodleshooter
March 4, 2003, 03:24 PM
Party B never lived in Mr. Jefferson's country.
Party B has family in the horrible State Y
There is no requirement to move through an FFL in state X.

I think that in theory,if a problem came up, parties A&B could argue that the handgun was sold in state X, legally transferred to state Z and then "sold" back to the original owner (party B) subsequent to party B receiving permission from state Y to take possession of the handgun.

Everyone loves algebra (except Blackhawk).

seeker_two
March 4, 2003, 04:45 PM
Party B's family should move to State X. They might like it better...

Poodleshooter
March 5, 2003, 03:07 PM
For those who failed algebra
State X = Maryland
State Y = New York
State Z = Virginia

Parties A&B left Maryland because it sucks to live in if you're a conservative.

Matthew Courtney
March 5, 2003, 03:11 PM
Leave the gun in a safe deposit box in state X until you get your paperwork together in state Y.

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