[gharsh]

I have a gun listed in the classifieds at THR and had a question. I know that I could ship this gun to an FFL for someone, but what about the next state over. If we are both willing to meet half way, would that be considred a private sale.

How about going to an auction in another state? Could I buy a gun there?

I have done a search on this site and came up with nothing. I also looked at the Revised Codes of Ohio and found nothing specific to this. Just the regular stuff about not selling to someone who can't have a gun.

A call to the local ATF office may be in order but thought I'd check here for some direction of where to look. The states in question would be Ohio, where I live, and then Michigan, Indiana, Pennsylvania, West Virginia, and Kentucky.

Thanks.

[Preacherman]

If it's a long gun, you should be able to transfer it face-to-face to anyone in a neighboring state without any legal issues (unless your specific state has laws prohibiting this - Federal law is OK). However, a handgun MUST go through an FFL holder unless transferred to a resident of your state.

[gharsh]

Thanks.

I just checked with the ATF and found out what I was looking for.

[Andrew Rothman]

Would you tell us what you found?

[gharsh]

From Their Website:

(B17) What recordkeeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. As noted in FAQs B1 and B2, which are posted on this Web site in the "Firearms" section, a private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

For information about any State or local regulations that may govern this type of transaction, it is advisable to contact State Police units or the office of your State Attorney General.

Please note that if a private person wants to obtain a gun from a private person who resides in another State, the gun will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See FAQ B3 (Firearms).


www.atf.gov/firearms/faq/faq2.htm#b17