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need answers about handgun across state line

Discussion in 'Legal' started by nitforfun, Apr 30, 2010.

  1. nitforfun

    nitforfun New Member

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    Hello all

    Can a person ....lets say from kentucky meet a person FTF that is ...lets say from Indiana and buy that handgun legally in a FTF deal


    I know you can with a Rifle but I was always under the impression that handguns can't be done in the manner
     
  2. zombienerd

    zombienerd Member

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    You cannot sell FTF to another state's resident for either pistols OR rifles.

    You must go through a FFL if the person is a resident of a different state than your own.

    IANAL, and YMMV.
     
  3. zombienerd

    zombienerd Member

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    From another post:

     
    Last edited: Apr 30, 2010
  4. Sam1911

    Sam1911 Moderator

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    Zombienerd is correct.

    All interstate firearms transfers must be completed at an FFL (dealer). In the case of long guns you can do the transfer in a state other than your own. With handguns you must transfer at an FFL in your state.
     
  5. nitforfun

    nitforfun New Member

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    oh so i was wrong on the long gun as well

    glad i never made a FTF purchase of a long gun then.....
     
  6. zombienerd

    zombienerd Member

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    FTF's are great as long as BOTH you and your buyer/seller are residents of the same state. (some states have more stipulations, so check your local laws)

    I'm pretty sure Kentucky has no stipulations on FTF transactions, as long as you and the other party are both Kentucky residents.
     
  7. CoRoMo

    CoRoMo Senior Member

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    What you may have mixed up is buying a long gun in another state... from a dealer. This is not illegal at the federal level, and many states also don't prohibit it. For example, if you come to Colorado to hunt pronghorn and your rifle gets stolen out of your truck. You can go to a gun shop and buy a replacement. Much of the time, that is perfectly legal, but between private individuals, not at all.
     
  8. nitforfun

    nitforfun New Member

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    yeah you are right

    i just kinda ASSUMED and you know what that means....
     
  9. PeaceKeepr

    PeaceKeepr New Member

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    To piggyback this tread...I will be traveling from GA to TX soon. I would like to sale my glock to my brother-n-law. Do we just need to go to a FFL in TX and fill out the paper work? Or, must I ship it from a GA FFL to a TX FFL?
     
  10. Sam1911

    Sam1911 Moderator

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    You can hand-carry it and transfer it at an FFL in his state.

    From the ATF's FAQ:

    As quoted in post 3 above.
     
  11. PeaceKeepr

    PeaceKeepr New Member

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    Thank you. I have a hard time reading legal verbage.
     
  12. Sam1911

    Sam1911 Moderator

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    Yeah, it does get a little dense sometimes. Good luck with your trip!
     
  13. .378 Wby

    .378 Wby member

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    We had a discussion about this the other day at the trap club -- since we're literally sitting on the state line.

    It is entirely lawful to "bequest" a gun across state lines. It's not a sale, and evidently the legal restriction applies to "interstate commerce."

    And so, you give the person the gun in question, and the recipient reimburses you for your gas and transportation. There's no limit on reimbursement for gas, transportation.

    I'm being ironic here, not suggesting that we intentionally circumvent the law. But a "bequest" across state lines is lawful, and "gas money" or any other reimbursement would be lawful. Of course any prosecutor worth their bar membership would argue "quid pro quo" on the exchange, and it'd likely stand in court.
     
    Last edited: May 12, 2010
  14. Sam1911

    Sam1911 Moderator

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    Woah! "Danger, Will Robinson!"

    "Bequest" refers ONLY to transfer via inheritance, so unless you intend to die and leave it to your friend in your will, the "bequest" is not a legal means of transfer between any two living persons.
    [US Code TITLE 18 > PART I > CHAPTER 44 > § 922(a)(5)(a).]

    It is legal to loan or rent a firearm between two non-prohibited persons across state lines, but no transfer of ownership takes place.
    [US Code TITLE 18 > PART I > CHAPTER 44 > § 922(a)(5)(b)]
     
    Last edited: May 12, 2010
  15. .378 Wby

    .378 Wby member

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    My bad. I'm thinking that interstate commerce is the basis of the restriction, "a sale." But that a "gift" is legal.

    And so that puts me in some deep guano as regards gifts to both my nephew and grand-nephew. I'm going to argue that both firearms were purchased by me in the state my relatives reside. The BATF recognizes the distinction between a "straw purchase" and a gift.
     
  16. Sam1911

    Sam1911 Moderator

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    Gifting a firearm to anyone in another state requires transfer through an FFL in that person's state of residence. Purchasing it yourself in their state would be legal under federal law. Giving it to them, even right there in the store, is not legal, unless they then fill out the 4473 form to have the gun transferred to them.

    This kind of under-the-radar transfer does happen a lot, and it rarely results in any kind of trouble for the parties involved, however it does actually involve TWO felonies -- one for the giver and one for the receiver.

    Sux, don't it?
     
  17. FIVETWOSEVEN

    FIVETWOSEVEN Senior Member

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    Not to hijack the thread or anything but can you possess a handgun at age 18 in another state like if I carry into maine when I turn 18.
     
  18. Shadow 7D

    Shadow 7D Senior Member

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    that all depends on the state and their law
     
  19. FIVETWOSEVEN

    FIVETWOSEVEN Senior Member

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    Well NH allows me to own a handgun at 18 but can I carry in another state that has
    18-handgun ok law? or is the law federal across statelines?
     
  20. NavyLCDR

    NavyLCDR member

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    It depends entirely upon the laws of the state that you are standing in at the time. You are subject to the state laws of the state that you are physically located in at the time. If you are standing in Maine, you are subject to Maine's laws. If you are standing in New Hampshire, you are subject to New Hampshire's laws.

    If you are standing in Maine, New Hampshire law has nothing to do with it.
     

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