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Is it legal to sell a rifle to a nonresident temporarily residing in state? (CO)

Discussion in 'Legal' started by brass shower, May 30, 2005.

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  1. brass shower

    brass shower Member

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    Looking through the various laws on ATF's website I see that it's not legal to ship a firearm to a nonlicensee in another state. However I'm at a loss to find anything prohibiting me from selling to a nonresident temporarily living in my state. Can anyone point me in the right direction?
     
  2. P95Carry

    P95Carry Moderator Emeritus

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    I am no legal eagle at all but I think if residence is only temporary - and thus certainly under 90 days - then this might not be legal. Selling means exchange of goods for money - and new owner will not be ''of your state''. The ''transfer'' would not be kosha.

    Then anyways is the prob' when he returns home - do you ''buy it back''?

    Seems best to me that a genuine friend to friend loan of gun is a possible. No money - ownership remains yours. Even then I'd want to do some state law checks to be sure.
     
  3. brass shower

    brass shower Member

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    All this legal BS is giving me a headache. Or maybe it's the Memorial day festivities. Anyway I did some double checking and as I'm interpreting them, the federal laws [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29] are what would prohibit a private transfer to a nonresident. According to ATF at http://www.atf.gov/firearms/faq/faq2.htm#b , I can sell to a resident of my state, or I can sell to a nonresident if a dealer does the transfer. So to sell to a nonresident I'd have to have a dealer do the transfer. Private sale doesn't look legal.
     
  4. DMF

    DMF Member

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    Your second post is how I understand it too. The FAQs on the ATF website lay it out pretty well.
     
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