1. Bikerdoc's passing and how you can help

    As many of you know, bikerdoc- AKA Al Spiniello- is no longer with us. There are always extra expenses when someone passes. If you would like to contribute to support his family, please do so here: Bikerdoc GoFundMe page.

    (Note - this notice can be dismissed by clicking on the X in the upper right corner.)
    Dismiss Notice

Face to face sale - across state lines?

Discussion in 'Legal' started by Hal, Jan 19, 2021.

  1. Hal

    Hal Member

    Joined:
    Dec 24, 2002
    Messages:
    1,122
    Location:
    N.E. Ohio
    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?
     
  2. George P

    George P member

    Joined:
    Jan 10, 2018
    Messages:
    7,775
    As long as you are going through the FFL in the buyer's state, from a Federal perspective, yes. Some states may have other requirements to be aware of.
     
  3. Hal

    Hal Member

    Joined:
    Dec 24, 2002
    Messages:
    1,122
    Location:
    N.E. Ohio
    Thanks George - I thought that was the case, but, figured I'd ask just to be sure.
     
  4. Boogaloo Bungalow

    Boogaloo Bungalow member

    Joined:
    Jan 18, 2021
    Messages:
    7
    Location:
    Iowa
    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.
     
    magyars4 likes this.
  5. red rick

    red rick Member

    Joined:
    Aug 11, 2009
    Messages:
    2,223
    Location:
    Virginia
    In Virginia now we even have to go through a FFL for in state face to face private sales .
     
    Last edited: Jan 20, 2021
  6. George P

    George P member

    Joined:
    Jan 10, 2018
    Messages:
    7,775
    Which is why I said earlier that some states may have other requirements. AFAIK, that is not yet the case between Ohio and PA.
     
  7. deadin

    deadin Member

    Joined:
    Jul 13, 2005
    Messages:
    2,306
    Location:
    Ocean Shores, WA
    Same in Washington State...
     
  8. Frank Ettin

    Frank Ettin Moderator Staff Member

    Joined:
    Apr 29, 2006
    Messages:
    12,374
    Location:
    California - San Francisco Bay Area

    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:

    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.
     
  9. Lennyjoe

    Lennyjoe Member

    Joined:
    Dec 24, 2002
    Messages:
    7,229
    Location:
    Southwestern Ohio
    Yep as long as the FFL is in his state and not yours
     
  10. bearcreek

    bearcreek Member

    Joined:
    Nov 4, 2009
    Messages:
    2,548
    Location:
    N Idaho
    Did you read anything other than the title of this thread? o_O
     
    dogtown tom likes this.
  11. bearcreek

    bearcreek Member

    Joined:
    Nov 4, 2009
    Messages:
    2,548
    Location:
    N Idaho
    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.
     
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice