need answers about handgun across state line


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nitforfun
April 30, 2010, 11:15 AM
Hello all

Can a person ....lets say from kentucky meet a person FTF that is ...lets say from Indiana and buy that handgun legally in a FTF deal


I know you can with a Rifle but I was always under the impression that handguns can't be done in the manner

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zombienerd
April 30, 2010, 11:18 AM
You cannot sell FTF to another state's resident for either pistols OR rifles.

You must go through a FFL if the person is a resident of a different state than your own.

IANAL, and YMMV.

zombienerd
April 30, 2010, 11:25 AM
From another post:

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

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]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

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

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

Sam1911
April 30, 2010, 11:25 AM
Zombienerd is correct.

All interstate firearms transfers must be completed at an FFL (dealer). In the case of long guns you can do the transfer in a state other than your own. With handguns you must transfer at an FFL in your state.

nitforfun
April 30, 2010, 11:28 AM
oh so i was wrong on the long gun as well

glad i never made a FTF purchase of a long gun then.....

zombienerd
April 30, 2010, 11:32 AM
oh so i was wrong on the long gun as well

glad i never made a FTF purchase of a long gun then.....

FTF's are great as long as BOTH you and your buyer/seller are residents of the same state. (some states have more stipulations, so check your local laws)

I'm pretty sure Kentucky has no stipulations on FTF transactions, as long as you and the other party are both Kentucky residents.

CoRoMo
April 30, 2010, 12:03 PM
oh so i was wrong on the long gun as well
What you may have mixed up is buying a long gun in another state... from a dealer. This is not illegal at the federal level, and many states also don't prohibit it. For example, if you come to Colorado to hunt pronghorn and your rifle gets stolen out of your truck. You can go to a gun shop and buy a replacement. Much of the time, that is perfectly legal, but between private individuals, not at all.

nitforfun
April 30, 2010, 12:13 PM
yeah you are right

i just kinda ASSUMED and you know what that means....

PeaceKeepr
May 12, 2010, 02:51 PM
To piggyback this tread...I will be traveling from GA to TX soon. I would like to sale my glock to my brother-n-law. Do we just need to go to a FFL in TX and fill out the paper work? Or, must I ship it from a GA FFL to a TX FFL?

Sam1911
May 12, 2010, 02:52 PM
You can hand-carry it and transfer it at an FFL in his state.

From the ATF's FAQ:

A person may sell or transfer a firearm to a licensee in any State.

As quoted in post 3 above.

PeaceKeepr
May 12, 2010, 02:58 PM
Thank you. I have a hard time reading legal verbage.

Sam1911
May 12, 2010, 03:19 PM
Yeah, it does get a little dense sometimes. Good luck with your trip!

.378 Wby
May 12, 2010, 06:50 PM
All interstate firearms transfers must be completed at an FFL (dealer). In the case of long guns you can do the transfer in a state other than your own. With handguns you must transfer at an FFL in your state.

We had a discussion about this the other day at the trap club -- since we're literally sitting on the state line.



From NRA: http://www.nraila.org/gunlaws/federal/read.aspx?id=60

Sales Between Individuals

An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.

It is entirely lawful to "bequest" a gun across state lines. It's not a sale, and evidently the legal restriction applies to "interstate commerce."

And so, you give the person the gun in question, and the recipient reimburses you for your gas and transportation. There's no limit on reimbursement for gas, transportation.

I'm being ironic here, not suggesting that we intentionally circumvent the law. But a "bequest" across state lines is lawful, and "gas money" or any other reimbursement would be lawful. Of course any prosecutor worth their bar membership would argue "quid pro quo" on the exchange, and it'd likely stand in court.

Sam1911
May 12, 2010, 07:08 PM
It is entirely lawful to "bequest" a gun across state lines.

Woah! "Danger, Will Robinson!"

"Bequest" refers ONLY to transfer via inheritance, so unless you intend to die and leave it to your friend in your will, the "bequest" is not a legal means of transfer between any two living persons.
[US Code TITLE 18 > PART I > CHAPTER 44 > 922(a)(5)(a).]

It is legal to loan or rent a firearm between two non-prohibited persons across state lines, but no transfer of ownership takes place.
[US Code TITLE 18 > PART I > CHAPTER 44 > 922(a)(5)(b)]

.378 Wby
May 12, 2010, 07:43 PM
My bad. I'm thinking that interstate commerce is the basis of the restriction, "a sale." But that a "gift" is legal.

And so that puts me in some deep guano as regards gifts to both my nephew and grand-nephew. I'm going to argue that both firearms were purchased by me in the state my relatives reside. The BATF recognizes the distinction between a "straw purchase" and a gift.

Sam1911
May 12, 2010, 07:56 PM
Gifting a firearm to anyone in another state requires transfer through an FFL in that person's state of residence. Purchasing it yourself in their state would be legal under federal law. Giving it to them, even right there in the store, is not legal, unless they then fill out the 4473 form to have the gun transferred to them.

This kind of under-the-radar transfer does happen a lot, and it rarely results in any kind of trouble for the parties involved, however it does actually involve TWO felonies -- one for the giver and one for the receiver.

Sux, don't it?

FIVETWOSEVEN
May 12, 2010, 08:33 PM
Not to hijack the thread or anything but can you possess a handgun at age 18 in another state like if I carry into maine when I turn 18.

Shadow 7D
May 12, 2010, 11:00 PM
that all depends on the state and their law

FIVETWOSEVEN
May 12, 2010, 11:08 PM
Well NH allows me to own a handgun at 18 but can I carry in another state that has
18-handgun ok law? or is the law federal across statelines?

NavyLCDR
May 12, 2010, 11:31 PM
Well NH allows me to own a handgun at 18 but can I carry in another state that has
18-handgun ok law? or is the law federal across statelines?

It depends entirely upon the laws of the state that you are standing in at the time. You are subject to the state laws of the state that you are physically located in at the time. If you are standing in Maine, you are subject to Maine's laws. If you are standing in New Hampshire, you are subject to New Hampshire's laws.

If you are standing in Maine, New Hampshire law has nothing to do with it.

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