Question about a gun sale between states.


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hometheaterman
November 28, 2009, 07:38 PM
So I have a buddy that is thinking of selling a rifle he has. I'd really like to pick it up. However, he is from NC and I'm a VA resident. I know we have to go through a FFL dealer and do a transfer. I would probably want to even if we were both VA residents anyway so that doesn't bother me at all. What I'm wondering is can we do the FFL transfer at a dealer in NC or does it have to be a VA dealer with a FFL doing the paperwork since I'm in VA?

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NavyLCDR
November 28, 2009, 09:21 PM
According to 18 USC 922 (b)(3), the transfer can occur at a NC FFL so long as the transfer complies with both the laws of VA and NC.

Jim K
November 28, 2009, 10:25 PM
The seller transfers the rifle to the NC dealer, who can then transfer it to the VA resident as NavyLT says. But it must go through the dealer's book and a Form 4473, just as if the VA resident is buying a gun from the dealer's stock. The dealer will charge a fee for his services. (Note that the NC resident should talk to the dealer in advance; some dealers don't know that part of the law and won't transfer a firearm to anyone from out of state.)

The buyer and seller can't just meet in a dealer's parking lot and do the deal.

Jim

hometheaterman
November 28, 2009, 10:47 PM
So what about if we do it at a dealer in VA? Does the same apply? How long does the dealer have to hold it before they can transfer it to the VA resident? Basically what we would like to do is meet at a dealer and have them just transfer it over and do the paperwork. He needs the money for bills badly so he can't wait a week for the gun to go through the dealer. However, at the same time while I'd like to help him out we have to go through a FFL. Maybe he will be able to find a buyer in NC that can help him out if we can't get it worked out.

NavyLCDR
November 28, 2009, 11:10 PM
I know you have to have a Virginia ID that is a certain length of time old - it is 30 days... That is state law. Other than that, there should be no waiting period once the dealer receives the the rifle/shotgun. And, what Jim Keenan added is exactly right too.

nalioth
November 28, 2009, 11:24 PM
Your friend can take his firearm to a Virginia FFL and you can fill out the paperwork on it and pay the FFL holders' fees.

NavyLT, what are you talking about? There should be no waiting period for anyone if the seller brings the rifle to a VA based FFL holder.

NavyLCDR
November 29, 2009, 12:58 AM
NavyLT, what are you talking about? There should be no waiting period for anyone if the seller brings the rifle to a VA based FFL holder.

It is not a waiting period... a Virginia driver's license or ID card must be 30 days old in order to use as ID for a firearms transfer from a dealer...

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2C2

Virginia Code 18.2-308.2:2:

When the photo-identification presented to a dealer by the prospective purchaser is a driver's license or other photo-identification issued by the Department of Motor Vehicles, and such identification form contains a date of issue, the dealer shall not, except for a renewed driver's license or other photo-identification issued by the Department of Motor Vehicles, sell or otherwise transfer a firearm to the prospective purchaser until 30 days after the date of issue of an original or duplicate driver's license unless the prospective purchaser also presents a copy of his Virginia Department of Motor Vehicles driver's record showing that the original date of issue of the driver's license was more than 30 days prior to the attempted purchase.

natman
November 29, 2009, 03:50 AM
It's legal to use an FFL in the seller's state, but it's more unusual and some FFL's won't be comfortable with it because it requires them to know the laws in the buyer's state. Call first.

Otherwise use an FFL in the buyer's state. That should be a routine transaction.

hometheaterman
November 29, 2009, 08:40 AM
Both of our drivers license are way older than 30 days so that wouldn't be a problem.

How much do they usually charge for this holding fee? I was thinking it would just be the $25 transfer fee's that you can usually find them for but I'm thinking the way you guys are talking it might be a ton more than that.

nalioth
November 30, 2009, 02:02 PM
Both of our drivers license are way older than 30 days so that wouldn't be a problem.

How much do they usually charge for this holding fee? I was thinking it would just be the $25 transfer fee's that you can usually find them for but I'm thinking the way you guys are talking it might be a ton more than that. I honestly not seeing what has set NavyLT on the track he's on here.


You should be fine meeting your friend (and his gun) at your local FFL holder's business. No waiting periods, no "holding fees" (whatever that is) - just the FFL's Xfer fee should be all you'll have to pay.

NavyLCDR
November 30, 2009, 04:40 PM
I honestly not seeing what has set NavyLT on the track he's on here.

Only that it is a weird Virginia law that FFL's cannot accept driver's licenses or ID cards that have been issued for less than 30 days.

hometheaterman
November 30, 2009, 05:07 PM
Thanks for all the info. The guy decided he didn't want to sell the gun for what I wanted to pay so I didn't end up having to go through this. However, it's also good to know in case I ever want to buy a gun out of state in the future.

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