Face to face sale - across state lines?

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Hal

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I'm in Ohio.
If I want to sell a handgun to someone in Pennsylvania, is it as simple as driving to PA, meeting up with the buyer at a gun store, and having the gun store do the transfer?
 
Thanks George - I thought that was the case, but, figured I'd ask just to be sure.
 
You didn't specify if you were a private citizen or a dealer. But for the sakes of your question I'll assume you're a private citizen who does not live in the state of the purchaser. You have a few options. If it's a long gun and he is a resident of a neighboring state of yours then you can do the paperwork in either state. If it's a handgun it has to be done in his home state. Another option if you can is to ship it to a FFL dealer that's near him. Please be aware of the laws regarding shipping guns.
 
In Virginia now we even have to go through a FFL for in state face to face private sales .
 
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I Virginia now we even have to go through a FFL for in state face to face private sales now .
Which is why I said earlier that some states may have other requirements. AFAIK, that is not yet the case between Ohio and PA.
 
.....If I want to sell a handgun to someone in Pennsylvania, is it as simple as driving to PA, meeting up with the buyer at a gun store, and having the gun store do the transfer?


This might be a good time to again outline federal law on interstate transfers under the Gun Control Act of 1968:

  1. Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

  3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

  4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

  6. Here's what the statutes say:
    18 U.S.C. 922. Unlawful acts

    (a) It shall be unlawful—
    ...

    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph


    (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

    (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and

    (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

    ...

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to


    (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ....

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
    ...

    (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph


    (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

    (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​
    ...

  7. Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.
 
You didn't specify if you were a private citizen or a dealer. But for the sakes of your question I'll assume you're a private citizen who does not live in the state of the purchaser. You have a few options. If it's a long gun and he is a resident of a neighboring state of yours then you can do the paperwork in either state. If it's a handgun it has to be done in his home state. Another option if you can is to ship it to a FFL dealer that's near him. Please be aware of the laws regarding shipping guns.
Did you read anything other than the title of this thread? o_O
 
I'm in Ohio.
If I want to sell a handgun to someone in Pennsylvania, is it as simple as driving to PA, meeting up with the buyer at a gun store, and having the gun store do the transfer?
Legally it is that simple. Practically it may get more complicated. Call the dealer first to confirm that they'll do the transfer and how much they'll charge. Many dealers are quite ignorant about gun laws and may refuse to do something that is somewhat out of the ordinary, even if perfectly legal.
 
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