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I have 2 hrs. to bid! Can an Illinois FFL recieve my shipment from a non-FFL?

Discussion in 'Legal' started by The Swede, Apr 28, 2008.

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  1. The Swede

    The Swede Member

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    Do most FFL's in IL accept guns from a person who sold me a gun but doesn't have a FFL?
     
  2. Jeff White

    Jeff White Moderator Staff Member

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    Are you talking about across state lines?

    Jeff
     
  3. The Swede

    The Swede Member

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    yes I am.
     
  4. Gator

    Gator Member

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    Its up to the individual FFL, you will have to ask them.
     
  5. bearmgc

    bearmgc Member

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    Most FFLs will accept from an individual, but it is their perogative NOT to accept from an individual. You have to ask the FFL.
     
  6. tntwatt

    tntwatt Member

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    Based shearly on past and not any written laws......the gun has to be shipped to an FFL, don't think it has to come from an FFL. The receiving FFL takes all the responsibilty since he is the one doing your background check. Don't know this for sure, better check the BATFE site, and make sure your state allows it also. It may be too late for this auction. You should have this kind of thing clear with your FFL before you bid.
     
  7. Jeff White

    Jeff White Moderator Staff Member

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    If it's a long gun from a contiguous state (Indiana, Iowa, Wisconsin, Kentucky or Missouri you can do a face to face.

    http://www.ilga.gov/legislation/ilc...tName=Firearm+Owners+Identification+Card+Act.
    If I were you I'd check federal law if it's not coming from one of those states.

    Jeff
     
  8. Gator

    Gator Member

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    Are you sure about that Jeff? I interpret that passage to mean that Illinois residents are limited to buying long guns in those states; but they still must be purchased from an FFL dealer as per federal law.
     
  9. Jeff White

    Jeff White Moderator Staff Member

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    Gator,
    As much as Blagojevich and Daley would like to control every aspect of our lives everywhere we go, Illinois law has no effect in another state. If a face to face transfer is legal by the laws of the other state and by federal law, Illinois has no say.

    Jeff
     
  10. The Swede

    The Swede Member

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    Jeff, so I can face to face in any state that allows ftf?
     
  11. Gator

    Gator Member

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    I'd like to believe that. :)

    Doesn't federal law prohibit the transfer of any firearm between private citizens, unless it is between two residents of the same state? Citizens are allowed, by federal law, to buy long guns outside their state of residence, from licensed dealers, as long as the laws of both states are followed. Illinois further restricts this by only allowing their citizens to acquire long guns from neighboring states. At least that is my understanding.....I'd love to be wrong.
     
  12. Jeff White

    Jeff White Moderator Staff Member

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    Someone who is more familiar with the federal law then I am will have to tell you. I was sure that FOPA allowed transfer of long guns between residents of contiguous states, and the Illinois law was amended to permit that. But I can't find anything like that on the BATFE site.

    This is from the BATFE FAQ:
    http://www.atf.gov/firearms/faq/faq2.htm#b3
    I'm confused.

    Jeff
     
  13. The Swede

    The Swede Member

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    gator, I'll stick with that right now to be safe. How is a non-lawyer supposed to know all this. I'm sure even if you follow the law to a T there is still some loop hole where you can get screwed.
     
  14. PTK

    PTK Member

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    Jeff White

    As far as I am aware, ANY gun changing possession that also crosses state lines MUST go through an FFL. FTF transactions may only be carried out if both people are residents of the same state and are both in that state.
     
  15. Jeff White

    Jeff White Moderator Staff Member

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    My confusion is that according to the BATFE FAQ, anyone can buy a long gun from an FFL dealer in any state. However when my son was stationed at Ft Hood, he had to show his orders to prove he was a resident of Texas for more then 90 days in order to buy a shotgun. This was in 2007.

    I remember when the Illinois law was amended to allow purchases in contiguous states. I'll have to do some more research.

    Jeff
     
  16. McCall911

    McCall911 Member

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    My dealer doesn't accept from non-FFL's and for good reason: What if the gun was stolen or wanted in connection with a felony? My dealer explained that he'd like to stay in business and not get shut down with the Feds for selling hot merchandise. And I agreed with him, after much whining. :D (Not really...)


    But probably every FFL holder is different on that particular policy. Best thing to do is call them.
     
    Last edited: Apr 28, 2008
  17. Autolycus

    Autolycus Member

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    I believe they do. I bought a used Sig P228 from an out of state dealer and I had no issues. As others have said, I believe it to be at the discretion of the FFL. Some will accept guns from out of state sellers who are not FFL holders while others require that guns be shipped from an FFL.

    Try Gunbroker for a list of FFLs. I am sure many of them will accept a gun fron a non-FFL holder.
     
  18. WayneConrad

    WayneConrad Member

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    I'm just a dumb city boy, but I can't for the life of me figure out how having the gun go through another dealer's bound book first would make a hot gun magically be not hot. Nor can I see how receiving the gun from an FFL would give your dealer any special indemnity if the gun were hot. If it's hot, it's hot, whether it came from a dealer or an individual.

    I think your dealer did a Jedi mind trick on you.
     
  19. Soybomb

    Soybomb Member

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    As an additional word of caution, if your ffl does accept a gun from a private party be sure they include a copy of their DL for the receivers bound book. Some people new to selling across state lines dont do that and it will delay your transfer.
     
  20. NavyLCDR

    NavyLCDR member

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    Out of state FTF is ALWAYS illegal

    18 USC 922 (that's United States Code, Federal Law) makes it illegal for a person to buy any gun from an unlicensed person in another staate and for an unlicensed person to transfer any gun to an unlicensed person from another state. The transfer must go through an FFL in the receiving person's state of residence. The only exception is guns that are bequested to another person in the estate of a person who dies.

    (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;
     
  21. Mainsail

    Mainsail Member

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    Well, it would really be a stroke of luck if your FFL dealer just happened by this thread and answered. It might be faster though if you just called him directly.
     
  22. ilbob

    ilbob Member

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    I suspect the passage you cited in Illinois law is a leftover that no longer has much meaning. The GCA68 allowed residents of a state to purchase long guns from an adjacent state only if their state law specifically permitted it.

    IIRC, FOPA removed the prohibition altogether against residents of one state buying long guns in another state.
     
  23. NavyLCDR

    NavyLCDR member

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    You do mean from licensed dealers in other states, I assume?

    18 USC 922 still prohibits persons from buying long guns in other states from unlicensed persons.
     
  24. ilbob

    ilbob Member

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    Yes. You are correct.
     
  25. brickeyee

    brickeyee Member

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    You can purchase a long gun in ANY state FROM AN FFL if the laws of both your home state AND the selling state are followed (including background checks if required by EITHER state).

    You can ONLY take possession of a HANDGUN from another sate FROM AN FFL in YOUR state of residence.

    Military are allowed to purchase handguns in EITHER their state of residence or the state where their PERMANENT orders send them (NO TDY orders allowed).
     
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