Alabama private transaction question

[owenbright]

I'd appreciate it if you guys can clarify a couple things regarding FTF transactions.

What information do I need to check/keep when I am selling/buying/trading with another individual?

Is it legal to do a private transfer to/from an out of state resident if he/she
drives down to AL?

 

[jimmyraythomason]

No records are required for private transfer of firearms between Alabama residents. You will need to have an FFL in the non-residents state to transfer the firearm. He cannot pick it up in Alabama personally,(unless it is C&R eligible and he has a C&R license)that is Federal law.

 

[NavyLCDR]

The out of state resident might be able to receive a rifle or shotgun in the state of Alabama from an Alabama FFL depending upon both states' laws.

 

[jimmyraythomason]

NavyLT, I believe the only time that would be true is when the non-resident is in the military and stationed in Alabama. Otherwise,I don't think the sale would be legal.

 

[NavyLCDR]

Nope. Alabama law allows an Alabama FFL to sell rifles/shotguns to any non-resident so long as that non-resident state's law allow him/her to purchase in Alabama (the Federal law 18USC922 requires an FFL to sell rifles/shotguns to out of state residents):

Section 13A-11-58
Sale of firearms or ammunition to residents of other states; purchase in other states.
(a) Any resident of Alabama authorized to sell and deliver rifles, shotguns, and ammunition may sell and deliver them to a resident of any state where the sale of the firearms and ammunition is legal. Any purchaser of the firearm or ammunition may take or send it out of the state or have it delivered to his or her place of residence.

(b) Any resident of Alabama who legally purchases rifles, shotguns, and ammunition in any state where the purchase is legal may take delivery of the weapons either in the state where they were purchased or in Alabama.

 

[NavyLCDR]

Here's the Federal law that applies to FFLs selling rifles/shotguns out of state (it is against Federal law for private individuals to sell any firearms out of state):

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;

 

[NavyLCDR]

Military personnel stationed in Alabama can purchase any firearm in Alabama, because once they are ordered to Alabama they become, for the purpose of firearms transactions, Alabama residents - that is Federal law.

 

[jimmyraythomason]

Thanks,I stand corrected.

 

[owenbright]

Great information. Thanks.
I guess there's less restrictions on rifle/shotguns over handguns.

 

[fixyurgun]

13A-11-58 states "any state adjoining Alabama" not any state. Jim

 

[elrod]

There are fewer restrictions on long guns vs. handguns. On a FTF basis, there is no requirement for any record-keeping in Alabama. You must know that the recipent is a non-felon, which is (to me, anyway) only a requirement that the buyer (or trader) have a concealed carry permit. Hope that helps......

 

[NavyLCDR]

13A-11-58 states "any state adjoining Alabama" not any state. Jim

No, It doesn't. Straight from the Alabama legislatures website. It says:
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Section 13A-11-58
Sale of firearms or ammunition to residents of other states; purchase in other states.
(a) Any resident of Alabama authorized to sell and deliver rifles, shotguns, and ammunition may sell and deliver them to a resident of any state where the sale of the firearms and ammunition is legal. Any purchaser of the firearm or ammunition may take or send it out of the state or have it delivered to his or her place of residence.

(b) Any resident of Alabama who legally purchases rifles, shotguns, and ammunition in any state where the purchase is legal may take delivery of the weapons either in the state where they were purchased or in Alabama.

(Acts 1969, Ex. Sess., No. 175, p. 241; Code 1975, §13-6-130; Act 2007-196, §1.)

 

[fixyurgun]

I sit corrected. Sorry for the old info. Jim

 

[REB]

The Alabama law was changed from "any state adjoining Alabama" to "any state" last year.

Doesn't change anything as far as FTF private transfers are concerned because federal law prohibits the transfer of firearms from non-FFL to a resident of a different state regardless of where the transfer takes place.

 

[kurtmax]

No record keeping needed. You could just ask if they are 18+ and not a felon, no need to do a background check or check for a pistol permit (Remember that some Sheriffs won't issue a permit at 18+, and others do. Why should the sheriff be in control of who can buy firearms or not)