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FTF private sales across state lines

Discussion in 'Legal' started by eastwa, Aug 19, 2006.

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  1. eastwa

    eastwa Member

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    Am hearing/reading different opinions about private party handgun sales across state lines. I know I have to do the FFL to FFL transfer when mailing purchases, but am I allowed to travel to another state and purchase FTF?
    I am in Wa. state, and travel to Idaho, Oregon and Montana. What are the legal issues?
     
  2. Werewolf

    Werewolf Member

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    I am not a lawyer but to the best of my knowledge FTF sales across state lines is a Federal No-No.

    You can buy but the seller must ship to an FFL in your state for the transfer to take place.

    The best thing for you to do is contact your local BATFE office and ask and then check with the state AG of the state you are planning on buying in because state law may prohibit FTF sales to non-resident individuals.

    FWIW - even if it was legal I wouldn't sell a firearm to anyone from out of state unless I personally knew them - i.e friend or relative.
     
  3. Chipperman

    Chipperman Member

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    NOT LEGAL!!!!

    If you were to find a gun you wanted, the easiest way would be to have the seller ship to an FFL in your state. You can transfer to you then. Some FFLs will not accept an out of state gun from a non-FFL, but it is legal.
     
  4. SIOP

    SIOP Member

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    You do not have to do FFL to FFL when sending a firearm interstate. You only have to have an FFL on the receiving end.

    You do not have to have an FFL involved for an in-state transfer, whether it is FTF or gets shipped.

    ANY handgun transfer between residents of different states is illegal, no matter where it takes place.

    ANY long gun transfer between non-FFL residents of different states is illegal, no matter where it takes place.

    A long gun can be purchased out-of-state, but ONLY at an FFL's place of business.

    These are the federal guidelines, your state might be more restrictive.

    There are certain exceptions for bequests and active-duty military.
     
  5. Phenom

    Phenom Member

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    Like others have said, there must be a FFL willing to accept on the buyer's side. However this doesn't mean the handgun has to be shipped to the FFL. The seller can transport the handgun him/herself to the buyer's FFL.
     
  6. Chipperman

    Chipperman Member

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    Yeah, but what are the chances that a seller from Montana will transport to WA? ;)
     
  7. saddlebum

    saddlebum Member

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    from batfe web site

    (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]



    (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]
     
  8. GTSteve03

    GTSteve03 Member

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    Remember, this would be considered "Interstate Commerce" and we all know that the .gov will NOT let that go down without getting a cut of the profits, ie that's why you have to go thru the FFL.
     
  9. Lupinus

    Lupinus Member

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    A sale or transfer of any kind (with the exception I believe of willed items) must go through an FFL
     
  10. Zundfolge

    Zundfolge Member

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    And only in a state adjacent to your the buyer's home state. For example someone from Kansas comes to Colorad to hunt and decides to buy a new rifle while he's here he can go to a gun store and buy it ... however Somoene from Missouri can NOT buy a long gun here in Colorado (but he could in Kansas).
     
  11. Lupinus

    Lupinus Member

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    I believe it is fine to buy so long as it is legal in your state.

    For instance to my knowlage I can go to Texas on a hunt, like a rifle, and buy because it is legal to have in my state of SC. What I wouldn't be able to do is go to Texas fall in love with an AR15 and bring it home to Cali.
     
  12. SIOP

    SIOP Member

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    .

    Incorrect.
     
  13. Car Knocker

    Car Knocker Member

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    As the two prior poster noted, buying a long gun out of state is dependent upon the laws of the states involved. It's OK with the Feds as long as there is an FFL on the sale end.
     
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