Missouri/Illinois Rifle Transfer

[david636]

I’ve got a really dumb question that has probably been asked a dozen or more times. I tried to do a search, but I not find much.

Please bear with me.

I live in Missouri, and would like to purchase a rifle from an individual in Illinois. How would the FFT laws apply, if I wanted to drive over and purchase the rifle in person.

I guess I’m asking, does a Missouri FFT need to take place or can I just take the rifle across the state line back into Missouri after the purchase?

The rifle in question is a .22LR.

Thanks in advance!

 

[NavyLCDR]

Yes, your question gets asked about twice each week.

First, all the stuff that someone is going to inevitably post about adjacent state sales/purchases went away in 1986 with an ammendment to the 1968 Gun Control Act.

Second, any purchase or gifting of any firearm, long gun or handgun, that crosses state lines must go through an FFL. A handgun must be transferred by an FFL in the recipient's state of residence. A long gun may usually be transferred in either the seller/giftor or the recipient's state of residence, and in all cases definitely the recipient's state of residence.

In order for the transfer to occur at an FFL in the seller/giftor's state, the transfer must not be prohibited by either states' laws.

It's all in 18 USC 922, Federal law, sections (a)(3), (a)(5) and (b)(3).
http://www4.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_44.html

 

[Oro]

can I just take the rifle across the state line back into Missouri after the purchase?

As onerous and distasteful as it is, the government says no. In summary, you two need to go to a FFL dealer in IL to complete the transaction. Since it's a long gun, you don't need to transfer or ship it to MO, but at least go through an FFL in IL.

(B1) To whom may an unlicensed person transfer firearms under the GCA?
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. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]


(B2) From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]

 

[kingpin008]

Yup. FTF sales are only legal between residents of the same state. All others must involve the services of a FFL.