I want to buy a gun

[giese]

Easy question..... I want to buy a gun from a guy in Minnesota. I live in Iowa. I want to do a face-to-face deal to avoid shipping cost. What all do I have to do, do we still need to transfer? What if I buy a gun from another guy in Iowa? Still need to transfer?

If I decide to have it shipped does it have to be from FFL to FFL. Or can he ship it personnally to FFL where I can get it?

G

 

[TarpleyG]

IANAL so...

If it is a long gun and the guy is in a state that touches your state, you can do a FTF. If it's a handgun, must use FFL. It is not illegal for him to ship to your FFL but your FFL may have a policy that only allows transfers from another FFL. Mine does. Hope that answers your ???

GT

 

[AJ Dual]

He has to ship it to an FFL in your state. IIRC the neighboring state longarm transaction loophole has since been closed.

You can only transport firearms interstate if they were:

a: yours to begin with

B: a gift and you took posession of the gift personally in the other state

c: inheritance and you took posession of the gift personally in the other state.

 

[Brad Johnson]

giese,

Reference Item B3 on the ATF(E) web site

Short answer - If it crosses state lines and it ain't yours, it's gotta go through an FFL.

Brad

 

[Amish_Bill]

You can buy out of state - if you do it at a FFL holding dealer's shop. (long-gun only I believe) For anything else it needs to come to an FFL in your state for the transfer.

 

[StuporDave]

I was told by an FFL dealer in Mississippi that I can buy long guns from him, but not handguns. I live in Louisiana.

Dave

 

[Bob Locke]

I'm pretty sure it goes like this:

If you are transferring the firearm between people who live in different states, an FFL dealer has to be involved.

If it's being shipped, then the person receiving the firearm has to find an FFL dealer in his state of residence to handle the transaction. And if it's a handgun, the transaction HAS to take place in your state of residence. You cannot go to another state and purchase a handgun, period.

If you are going to the state of the person selling the firearm (long guns only), then you can go to an FFL dealer in that state to process the paperwork.

 

[manwithoutahome]

I have a question:

Why do people ask such questions like this?

Now, I DO NOT ADVOCATE breaking the law. But if it's a face to face, private sell, how would anyone know if you don't say anything and don't ask questions?

IMHO, if you pay cash for an item and it transfers into your hands, then tech. isn't it then "yours"?

Now, I know that this is a "technicallity" and if the gray is too gray then your best bet is to do the transfer through an FFL (especially if any State laws are involved, like registration laws).

The funniest thing that I've ever seen was a friend of my fathers who lived on the georgia/florida boarder. He built his house right on the line so half was in florida and half was in georgia. He did this back in the '60's before the land laws got so bad.

Anyway, he pays state taxes and property taxes for half his property and house on the georgia side and pays property taxes for the florida side (no state taxes on the florida side). Back when the NICS was passed, he tried buying a gun in florida and they denied him, he was listed as a "georgia" resisident. He tried in georgia, but he was listed as a "florida" resident. Well, he wrote the ATF and explained his deal. The ATF asked him where his "primary residence" was. The friend said, "I guess Florida, I got a drivers lisense in florida", so the ATF deemed that he was a Florida resident.

Before all this, he bought guns in both states but mainly rifles.

M

 

[Richardson]

AJ Dual,

How do you figure that you can transport firearms interstate if they were "a gift and you took posession of the gift personally in the other state"???

Where do you find the loophole in section 922?

Richardson

 

[AJ Dual]

I think I was wrong about a "gift", but inheritance should still be legit.

Whew...

922 is MASSIVE and a PAIN..

but here's a few parts I thought were pertinent.

"It shall be unlawful--(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 . . ." (A) inheritance, or
(B) sporting purpose loan.
ft

Now I'm no lawyer, and that's not to say that the powers that be won't try to screw with you anyway, but legit inheritance isn't "commerce". I now think that inheritance is the only way, and you have to take posession within the state that the dead person's estate resided.

 

[Richardson]

AJ Dual,

Thanks for the bad news...

I also asked a lawyer, and he said that the federal law is vague on the case of gifts. Unfortunately it is precisely this vague quality which could land one's rear in jail with a felony. Oh well... Lawyers have been known to be wrong...

Richardson