Private sale between two residents out of state.


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rromeo
March 16, 2013, 02:00 PM
In my state of Virginia, it is legal to sell any non NFA firearms face to face, cash & carry. Another Virginia resident has a gun to sell, he lives two hours away. The halfway point along the shortest route between us is in West Virginia. Is that still technically legal?..
Thanks

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Frank Ettin
March 16, 2013, 02:11 PM
In my state of Virginia, it is legal to sell any non NFA firearms face to face, cash & carry. Another Virginia resident has a gun to sell, he lives two hours away. The halfway point along the shortest route between us is in West Virginia. Is that still technically legal?..Doesn't look like it -- for the buyer at least.

18 USC 922(a)(3), provides in pertinent part (emphasis added) as follows:(a) It shall be unlawful—
...

(3) for any person, ... to transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...

The buyer would be purchasing (or otherwise obtaining) a gun in a State other than his State of residence. So it would violate 18 USC 922(a)(3) for him to transport it into the State in which he resides.

ZeSpectre
March 16, 2013, 02:15 PM
No, not legal. (stupid isn't it).

rromeo
March 16, 2013, 07:10 PM
Thanks. No huge deal, except to decide who's driving and extra 20 minutes each way.

Art Eatman
March 16, 2013, 07:27 PM
Question answered. :)

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