Private rifle sale across state lines...


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Mike Irwin
December 1, 2003, 12:31 PM
Legal or not?

Virginia and a non-contiguous state, where the item is legal in both jurisdictions and neither seller or purchaser has any restrictions?

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The Reaper
December 1, 2003, 12:40 PM
Mike,

Been there and done that. Not legal. Via FFL only. You can ship to an FFL directly in the other state, but not to the individual. Black Powder would be an exception. If the individual has a C&R and the rifle is C&R he could receive it. Gift to a family member is another exception.

All the FFLs I deal with will not send a signed copy of their FFL to an individual. So you will likely have to use an FFL on your end also.

El Tejon
December 1, 2003, 12:47 PM
Have your people contact his people, then do lunch.:D

hillbilly
December 1, 2003, 12:59 PM
Non FFL shipping to Non FFL is not kosher.

Either Non FFL shipping to FFL or FFL shipping to FFL is okay.

Of course, in a face-to-face sale, no FFLs are really needed.

hillbilly

P95Carry
December 1, 2003, 01:10 PM
Sounds like keyword could be ''shipping''??

Mike Irwin
December 1, 2003, 01:15 PM
Ah geez...

Sorry guys, I meant to say that this would be a face-to-face transfer, NO shipping.

Richardson
December 1, 2003, 01:29 PM
I've got the same type of question...

I know that I can store a gun at my brother's place in Alaska, for my use when I'm there. I believe that I can either ship it directly to him, or take it with me for a hunting trip. For this type of expedition, I'd probably be buying a gun just for this Alaskan hunting trip. After the trip, I'd leave it with him for storage for future Alaskan expeditions.

But let's say that after the trip I run into financial difficulty (or just decide that I'm too old to go on any more Alaskan adventures) and need to sell my guns, including the one I bought for hunting in Alaska, which is still in Alaska. If he (or his hunting buddy) wants it, do I really need an FFL to do the exchange? Would the law actually require that he ship it to me in the lower 48, and then that I ship it to his FFL?

Richardson

hillbilly
December 1, 2003, 01:33 PM
As far as I know, there is no problem at all with a face-to-face sale across state lines, provided of course that the gun isn't stolen, and buyer isn't a fugitive from justice, etc.

For example, I live in Arkansas. I can go into Oklahoma and buy any rifle or shotgun I want to from either a licensed FFL dealer, or a private citizen.

I can buy rifles and shotguns from any licensed FFL dealer in any state that will sell me one.........without any problems. Same for face to face sales of rifles and shotguns.

I cannot, however, legally buy handguns from licensed FFL dealers from any state except Arkansas, unless the handgun is first transferred from one licensed FFL to an FFL in Arkansas.

Rifle is legal in your state, and legal in the buyer's state. Go sell it face to face.

hillbilly

Mike Irwin
December 1, 2003, 02:00 PM
"provided of course that the gun isn't stolen"

Damn.

"and buyer isn't a fugitive from justice"

Double damn.

:D

EOD Guy
December 1, 2003, 02:48 PM
As far as I know, there is no problem at all with a face-to-face sale across state lines, provided of course that the gun isn't stolen, and buyer isn't a fugitive from justice, etc.

For example, I live in Arkansas. I can go into Oklahoma and buy any rifle or shotgun I want to from either a licensed FFL dealer, or a private citizen.

I can buy rifles and shotguns from any licensed FFL dealer in any state that will sell me one.........without any problems. Same for face to face sales of rifles and shotguns.

I cannot, however, legally buy handguns from licensed FFL dealers from any state except Arkansas, unless the handgun is first transferred from one licensed FFL to an FFL in Arkansas.

Rifle is legal in your state, and legal in the buyer's state. Go sell it face to face.

hillbilly

Private party sales between unlicensed residents of different states are a violation of Federal law. The only way an individual can purchase a handgun in another state is to have it shipped to an FFL in his home state for transfer. The same option is avaiable for rifles and shotguns. In addition, you can purchase rifles and shotguns in another state from a licensed dealer as long as the sale is legal in both your state of residence and the state in which you are purchasing the firearm.

Sam Adams
December 1, 2003, 04:15 PM
Private party sales between unlicensed residents of different states are a violation of Federal law

The Federal law in question is, IMHO, a violation of the Constitution. I do not see any authority for the Fed.gov to pass such a law within the confines of the body of the Constitution, not to mention that the 2nd Amendment allows no infringements on the right to keep and bear arms - and certainly buying or selling a weapon is necessarily implied in the "keep" part. While I, being an Officer of the Court and all that that implies, cannot recommend that anyone violate the law, I would think that this fact would be ....ahhhh...... interesting.

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