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I'm confused. Private sale in another state - is it kosher?

Discussion in 'Legal' started by White Horseradish, Feb 14, 2006.

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  1. White Horseradish

    White Horseradish Member

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    Once again, the legalities befuddle me.

    I live in Minnesota. Suppose I went over to Michigan and met a guy with a rifle to sell. Can I give him the cash and take the guns and go home or does this need to be handled through an FFL? Is this a Fed issue? Is it a state issue? :confused:
     
  2. neoncowboy

    neoncowboy Member

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    Fed law says sales to residents of other states have to be conducted through an FFL.
     
  3. Snake Eyes

    Snake Eyes Member

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    Rifle: Yes.
    Handgun: NO NO NO!!
     
  4. neoncowboy

    neoncowboy Member

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  5. cuchulainn

    cuchulainn Member

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    I'd also check the laws of the states involved. Some states have their own laws about "importing" firearms, even your own. A buddy of a buddy moved from Florida to Maryland a few years ago, and he had trouble registering his handguns because he didn't properly "import" his own guns.

    That's one more reason I'm glad my folks moved me out of Maryland 30 years ago.
     
  6. progunner1957

    progunner1957 member

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    What about a handgun given as a gift??

    What about a handgun as a gift between people residing in two different states? Is that kosher, or is it only kosher if both people live in the same state??:confused:
     
  7. Rockrivr1

    Rockrivr1 Member

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    I think for the rifle to be OK, it has to be a bolt action. I know that if I go to the Kittery Trading Post in Maine, I can buy any bolt action rifle I want. They wouldn't sell me a semi auto rifle though. Not sure if that is a hard set rule, but it was one they followed.

    Handguns though are a definite no go. You need to ship through an FFL for that. You have to make sure that the handgun is legal in your state as well. Some states have a list of firearms they don't allow to be shipped into the state.
     
  8. WT

    WT Member

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    A handgun 'gift' across state lines requires an FFL be involved.

    Totally within a state depends on state law.

    Of course, we know that felons are not allowed to accept handguns as 'gifts.'
     
  9. MechAg94

    MechAg94 Member

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    For rifles, I think you are okay buying from FFL, but not a normal civilian.
     
  10. HankB

    HankB Member

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    I think that under Federal law the only way an individual can obtain a handgun across state lines from another individual without FFL involvement is by inheriting it . . .
     
  11. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    The whole RATIONALE for an FFL is that it is license to deal firearms across state lines.

    So, no...federal law does not allow private sales across state lines.
     
  12. answerguy

    answerguy Member

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    From the site that you were so kind to link to:


    Sales Between Individuals

    An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.
    ------------------------------------------------------------------------

    Myself though; since I am not required, as a resident of Michigan, to do a back ground check on you would probably not even ask to see your DL. And if you weren't required to register it in your home state it would seem like, no harm no foul.
     
  13. 1911user

    1911user Member

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    Just hope the out of state buyer doesn't use the gun in a crime or defense shooting. They'll probably run a trace on it and very well might find out about your sale. I'm not sure what would happen then, but you'd be in a weak legal position. Why take the risk?
     
  14. MGshaggy

    MGshaggy Member

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    An especially poignant question considering it would be a felony under federal law (which would permanently strip you of the right to vote and the right to ever own, possess, or buy a firearm again).
     
  15. Hkmp5sd

    Hkmp5sd Member

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    NO private sales across state lines....

    NO firearms may be transferred across state lines by non-licensees (with the exception of firearms left someone in a will). That is ALL firearms. The minimum federal requirement is the firearms must be shipped to a FFL in the buyers state of residence and then transferred to the buyer.
     
  16. Tory

    Tory member

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    Confused

    "I think for the rifle to be OK, it has to be a bolt action."

    You are misinformed. There is no such restriction in Mass. OR Federal law.

    "I know that if I go to the Kittery Trading Post in Maine, I can buy any bolt action rifle I want. They wouldn't sell me a semi auto rifle though."

    What really happened is that KTP would not sell you any semi-auto that might constitute an "assault weapon" under Mass. law. Had you wanted anything w/a fixed magazine, I'll bet KTP would have taken your money in a flash.
     
  17. Hawkmoon

    Hawkmoon Member

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    What about the BATFE exception for those states having "contiguous states" provisions in their laws?

    I don't know which states that applies to, but I believe if your state has such a provision in its laws, private sale of long guns across state lines is legal.
     
  18. Graystar

    Graystar Member

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    Only if a person is purchasing from an FFL, not a private individual.
     
  19. MGshaggy

    MGshaggy Member

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    There is NO "contiguous states" exception in federal law. None. Nada. Nyet. It is a felony under federal law for an individual (non-FFL) from one state to sell or transfer a gun directly to an individual (non-FFL) from another. It doesn't matter if its a contiguous state, if the gun is a bolt action, or if you only do it on the third Sunday of a month after a full moon; private sales between residents of different states is illegal unless at least one party is an FFL. The only exception is for a transfer to an heir as Hkmp5sd mentioned.
     
  20. pete f

    pete f Member

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    Just one more thing we need to work on our members of congress to recind. this is a unjustified restraint of free trade.
     
  21. Crosshair

    Crosshair Member

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    Wahtabout FTF sales?

    I am not sure if this part of the question has been answered. If a person lives on the border of another state and someone on the other side of the river wants to sell a rifle, they meet in person, exchange money and gun, have any laws been broken? I know you can't do it with a handgun, but what about a rifle?
     
  22. Graystar

    Graystar Member

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    It's illegal. Federal law prohibits such a transaction.
     
  23. Shootcraps

    Shootcraps Member

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    Handguns can only be purchased by a resident of the state they live in. Period. Out of state transactions must go through an FFL.

    Many states have agreements with bordering states so residents may purchase rifles and shotguns. But only with the bordering state, and only long guns.

    I live in Virginia and can buy a long gun from someone in North Carolina and vice versa.

    In most states, private transactions don't require a background check. But if you don't at least ask for a DL to make sure the buyer is a resident of your state, you're stupid. And you're probably setting yourself up for prosecution.
     
  24. Master Blaster

    Master Blaster Member

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    MIlk or meat, you cant mix both.

    does it have a split hoof and chew its cud?

    Kosher is as Kosher does.;)

    Do your sales through an FFL, Or SHUDUPABOUDIT.:)
     
  25. answerguy

    answerguy Member

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    What weak position are you referring to? Am I required to ask for ID if I sell my own personal gun in FTF sale? Do you ask for a DL when you sell a gun?
     
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