Question about private transactions


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pdowg881
June 27, 2006, 03:49 PM
In the buy and sell forums, people talk about a face to face buy being cheaper provided you are both the resident of the same state. Does this mean in State private transactions do not require and ffl? Also I'm assuming state laws apply? Like 21 for purchase of a handgun? (For NH)

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Legionnaire
June 27, 2006, 04:01 PM
Federal regs do not require an FFL's involvement in the private sale of a firearm between residence of the same state. State regs apply. In PA, private sales of a handgun do need to go through an FFL ... but not long guns. So check your state regs.

rbernie
June 27, 2006, 04:03 PM
http://www.thehighroad.org/showthread.php?t=207578

PFFlyer
June 27, 2006, 04:36 PM
I believe that for Oklahoma and Texas, if you buy a handgun in a face to face transaction, you only need to be 18. Somehow you can "own" a handgun at 18, but you can't buy one from a store until you are 21. I did a little research on this topic before I was 21, but ended up waiting to buy my first handgun. You should definitely talk to someone in your state who knows the law, though.

pdowg881
June 27, 2006, 05:30 PM
There are (there are laws requiring a handgun sold FTF in PA must go thru a FFL for the State Police form) no state licensing requirements for the purchase of any rifle, shotgun or handgun.

It is unlawful to sell any firearm to any convicted felon. It is unlawful to sell or give a handgun to a minor, unless the gift is from a parent, guardian or executor to a child, ward or heir.

http://www.bradycampaign.org/legislation/state/viewstate.php?st=nh

I'm not sure if any of these 2 things cover it, but I'm having a hard time finding any laws regarding private transactions.

http://www.bradycampaign.org/facts/faqs/?page=awb they got a lot of untrue crap in that faq. especially concerning assault weapons.



edit for false info

AJ Dual
June 27, 2006, 05:40 PM
It varies from state to state, although there are several out there that have permit requirments, or FFL requirments, the majority do not have laws banning "Face to Face" private transfers.

IANAL, and YMMV, but in those states generaly speaking, you cannot knowingly sell to a felon, and by federal law you can't sell to an out-of-state resident.

The "Interstate commerse clause" of the Constitution is what gives the Federal Government the authority to force handgun sales and initial distribution to FFL's through the 1968 GCA in the first place.

Few people are brave enough to challenge it in court (IIRC, a guy just did recently, and won, in the 9th circuit court...) but it's not technicaly illegal from a Federal standpoint, at least, to manufacture, posess, and use your own home-made machine guns or silencers, as long as it's only posessed or used in your home state.

However, most states that do allow MG's or other NFA items, close this "loophole" by requiring all MG's, SBR's, SBS's, or suppressors be on the NFA registry, and the Federal tax paid anyway.

Hawkmoon
June 27, 2006, 08:52 PM
There are no state licensing requirements for the purchase of any rifle, shotgun or handgun.

...

I'm not sure if any of these 2 things cover it, but I'm having a hard time finding any laws regarding private transactions.
You shouldn't generalize so broadly. Where I live, any firearm sale must get a prior approval from the state police, and must be reported to both the state police and to the police department of the city in which the purchaser resides.

It cannot be said or written often enough: Every state is different, and there is no substitute for reading the laws that apply to YOUR state.

Hkmp5sd
June 27, 2006, 09:30 PM
http://www.bradycampaign.org/facts/faqs/?page=awb they got a lot of untrue crap in that faq. especially concerning assault weapons.

You're seeking firearm information from an organization that wants to ban private ownership of firearms. That's like asking Ted Bundy to give your kids advice on dating.

Here's the law: http://www.atf.gov/firearms/statelaws/25thedition/newhampshire.pdf

Bigjake
June 27, 2006, 09:32 PM
You shouldn't generalize so broadly. Where I live, any firearm sale must get a prior approval from the state police, and must be reported to both the state police and to the police department of the city in which the purchaser resides.



sounds hellish :banghead:

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