is this a legal gun sale?


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Hans1944
December 12, 2008, 10:38 PM
i live in michigan and i have a friend who wants to buy my old cetme rifle can i just sell it to him. or do i have to go through a lengthy process like when purchasing a pistol through a private sale?

Hans

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mio
December 12, 2008, 10:43 PM
you can just sell it to him as long as he doesnt have any felonies and you dont suspect he will use it for a crime

he needs no permit to buy a rifle

kingpin008
December 13, 2008, 01:19 AM
Uh, let's not forget that the friend also needs to be a resident of Michigan - if he's not, then the sale is illegal no matter what his criminal status is.

Johnny Dollar
December 13, 2008, 01:49 AM
Uh, let's not forget that the friend also needs to be a resident of Michigan - if he's not, then the sale is illegal no matter what his criminal status is.

kingpin is correct.From the ATF FAQ:

http://www.atf.gov/firearms/faq/faq2.htm#b1


B. UNLICENSED PERSONS

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

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

ants
December 13, 2008, 02:15 AM
Better look up the Michigan state laws, too.
The ATF info offered by Johnny Dollar and Kingpin are federal laws.
State laws may also apply.

Johnny Dollar
December 13, 2008, 08:35 AM
Better look up the Michigan state laws, too.
The ATF info offered by Johnny Dollar and Kingpin are federal laws.
State laws may also apply.

That is it.They are covered if the fit the terms in post #4
Add this if there is a residency question:

B11) What constitutes residency in a State? [Back]

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
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Frog48
December 13, 2008, 02:38 PM
or do i have to go through a lengthy process like when purchasing a pistol through a private sale?


What lengthy process? Does Michigan require paperwork and/or transfer through an FFL? In most states, private intrastate sales of handguns are no different than long guns.

Mongoose
December 13, 2008, 03:12 PM
Unfortunately yes. Unlike long guns, handguns require a permit to purchase every time they change hands.

mio
December 13, 2008, 03:32 PM
and unfortunatly grant48 they make it more of a pain in the butt as they go at least where i live

it used to be i could walk into the sheriff dept at any hour of the day/night that they werent busy take the 5 min gun safty quiz while they ran a quick background check and walk out with a handgun purchase permit. course then id have to take anything i bought back in for a "safty inspection" thinly disguised registration law

i hadnt bought a handgun in 10yrs before last spring when i traded my pool cue for one. i stopped in after work adn they told me i could only get a purchase permit from 8-4 mon-fri so i waited the weekend changed my hours at work to get out 2hrs early and they didnt get the background check done in that time!!! then told me that since the sherriff went home already they couldnt give me the permit.

i left my work number for him and he called right at the end of the next day to tell me i could pick up my permit and also said he didnt know why they wouldnt give me one because it stated right on there that there were no disqualifications.

month later i was going to go to a gun show stop in during the week and get the whole line about 8-4 again and of course we were too busy for me to be able to switch hours at work so i wasnt able to get a permit.

do they only want proffessional criminals, the unemployed, and retirees to own guns or what? its been months and im still mad over it.

and to make things worse some depts actually charge you for it now. my dad has to pay $5 every time he gets a permit!!!!

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