Illinois resident making gun sale in Wisconsin

[Famous Ed]

With the extreme complexity of gun laws abounding everywhere perhaps someone can tell me the legal requirements for an Illinois resident to sell or trade long guns to a Wisconsin resident in the state of Wisconsin. Someone told me that it would have to be done through a Wisconsin FFL which is absolutely ridiculous. Thanks for your replies. Famous ZEd

 

[Canuck-IL]

You might think it ridiculous but the BATF doesn't - interstate = FFL on the receiving end.
/Bryan

 

[Rumble]

Famous - you'll have to send the gun to an FFL in Wisconsin, AFAIK, where the buyer can go through whatever steps he or she needs to complete to obtain a firearm there.

 

[ilbob]

Can you drop it off at an FFL in another state, or does it have to go through an FFL at both ends?

 

[Rumble]

According to the ATF FAQ, a normal Joe can transfer a firearm to an FFL in any state. I interpret that to mean "just send it straight to 'em." On the other hand, some FFL's, I have heard, won't accept shipments from normal Joes.

I transferred some handguns to my Dad a while back, and simply drove to his state of residence, where we both went to an FFL who handled the transfer.

 

[Canuck-IL]

Sender doesn't need an FFL by law...HOWEVER the receiving end FFL may refuse to accept private party shipments. That's a business practice, not a law....find another local FFL to do the transaction.

If you ship it privately, it needs to go via declared UPS or FedEx 1 day - a private party cannot use USPS for handguns, it's OK for long guns. Save a bit on shipping by specifying anytime next day rather than the earliest delivery.

You can probably drop it off in person but call the receiving FFL first to verify they'll accept it from a private party.
/B

 

[ilbob]

it's OK for long guns.

In Illinois it is not legal for joe citizen to take a firearm to a publicly owned facility without written permission from the chief security officer of that facility. Has the chief security officer of the USPS granted such permission?

 

[Alakar]

If you are shipping the firearm it must go to a FFL for transfer. If you are driving up from the Chicago area to, say Milwaukee, and are doing a private party transfer face to face, I believe an FFL is not required.

 

[LToled]

I've shipped long guns via US Postal without any hassles. I've only had one issue with a Postal clerk not knowing that I could. She gave me a funny look and asked her manager. The manager agreed that it was totally legal for a civilian to send it via US Postal.

http://www.atf.treas.gov/firearms/faq/faq2.htm#b7

Look at B1 to B3 for In-State and Out-of-State purchases. You can sell and do a face-to-face within your own state. But for anything crossing state-lines, you have to go through an FFL on the receiving side. You can personally send it to the receiving FFL. But there are some FFLs that do not receive from individuals (as stated above). You don't always have to do a FFL to FFL.

Look at B7 and F14 for Postal Information about mailing firearms.

For more information about mailing firearms, go to the USPS Postal Explorer :

http://pe.usps.gov/

and type "Firearms" in the search box. Then click on the first link "DMM 601 Mailability". This takes you to "11.0 Other Restricted or Nonmailable Matter", then scroll down to "11.1.2 Handguns", "11.2 Antique Firearms", and "11.3 Rifles and Shotguns".

 

[jefnvk]

If you are driving up from the Chicago area to, say Milwaukee, and are doing a private party transfer face to face, I believe an FFL is not required

It is still most definitely required.

 

[Alakar]

It is still most definitely required.
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Is that a Federal or Illinois requirement? I know private party transfers within Wisconsin don't require an FFL (although there is legislation pending to make it a requirement in Milwaukee).

 

[halvey]

If you are driving up from the Chicago area to, say Milwaukee, and are doing a private party transfer face to face, I believe an FFL is not required.

You are wrong. This is a federal requirement.

 

[Alakar]

You are wrong. This is a federal requirement.
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http://www.atf.gov/firearms/faq/faq2.htm#b17
Please note that if a private person wants to obtain a gun from a private person who resides in another State, the gun will have to be shipped to an FFL in the buyer's State.

If that is the case, then what is the requirement? Do you guys have a link to it? Not saying you guys are wrong, but I've never seen a requirement like that and would like to know the details.

 

[Alakar]

I found it on my own. Thanks for the heads up, I didn't realize the FFL requirement applied to face to face sales with residents of different states.

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=922

18 U.S.C. 922(a)(3)

It shall be unlawful . . . 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[.]

 

[jefnvk]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.

http://www.atf.gov/firearms/faq/faq2.htm#b1

Oops, beat me to it!

 

[Brad Johnson]

Fed law is very simple in this respect. If a state line is involve (i.e. owner in one state, buyer in another) the transfer must be processed through an FFL.

Brad

 

[Famous Ed]

I have it from a reliable source that an FFL is required only on guns shipped to Wisconsin and all handguns. Face to face sales which are called "private sales" do not require the services of an FFL. That is what I was told by an expert in the field, an Illinois resident who has attended Wisconsin gun shows for many years. Famous Ed

 

[halvey]

Since your "source" is so reliable, why not state who it is?

Bottom line is you can buy ONLY from a FFL and ONLY long guns. And since its IL, you'll still need your FOID card.

Again, Ed, you and your "source" are wrong and breaking the law. Call the BATF if you don't believe me.

 

[jefnvk]

If you don't believe that an FFL is required, send a letter to the BATFE asking. They will respond fairly promptly, and you will have an official letter that you can halfway use in your defense should you require it.

 

[Brad Johnson]

I have it from a reliable source that an FFL is required only on guns shipped to Wisconsin and all handguns. Face to face sales which are called "private sales" do not require the services of an FFL. That is what I was told by an expert in the field, an Illinois resident who has attended Wisconsin gun shows for many years. Famous Ed

Your reliable source is wrong.

What he may have been referring to is non-FFL residents of a state being able to purchase a long gun from an FFL in an adjoining state (not hanguns, which must be received from an FFL in the buyer's state of residence).

The BATFE regs are very straightforward. If neither the buyer nor seller has an FFL and the transaction crosses state lines, it must be processed through an FFL in the buyer's state of residence. Period.

The regs are available for all to see on the BATFE's web site. They have a FAQ section that spells out straight-English anwers to the most common questions (including this one).

Brad

 

[MisterPX]

I have it from a reliable source that an FFL is required only on guns shipped to Wisconsin and all handguns. Face to face sales which are called "private sales" do not require the services of an FFL. That is what I was told by an expert in the field, an Illinois resident who has attended Wisconsin gun shows for many years. Famous Ed

Very incorrect info. Private party doesn't exist when you cross state lines.

 

[Gator]

In Illinois it is not legal for joe citizen to take a firearm to a publicly owned facility without written permission from the chief security officer of that facility. Has the chief security officer of the USPS granted such permission?

Where did you hear this? Long guns are mailed every day in Illinois. I always send them USPS Priority Mail and have never had any postal employee mention this.

And Famous Ed, your reliable source is dead wrong. Check the posted links for the actual law.

 

[jdinevens]

i dont meant to hijack this thread but would a non-resident of illionis need the FOID card to purchase a long gun in illionis?

 

[scout26]

jdievens,

Yes, you can buy a long gun in Illinois if your from certain (I saw a map at Wal-mart, of all places, of which states non-residents of Illinois can purchase guns, but I didn't memorize it.) and no, a non-resident cannot obtain a IL FOID card.

Any form of out-of-state photo ID (ID card, Driver's licence, CCW, etc.) would work.

 

[MisterPX]

To add to what Scout said, you'll also have to go through IL's waiting period on long guns. Not sure if IL has a stupid "contiguos" law like WI.