Quote:
Originally Posted by docnyt
You cannot legally buy or sell a handgun interstate without going through an FFL on the receiving state's end.
Fixed it for you, bud.
You can buy a long gun from a dealer in any state, so long as both state's laws are observed. Selling any gun to a dealer in any state is not illegal, so "selling" isn't needed here.
Actually, you didn't fix it-- he was correct. The key phrase was "except through an FFL".
To be clear, a person can buy long guns from an FFL regardless of residency. A person can only by hanguns from a resident of the same state, regardless of whether or not the seller is an FFL holder.
NavyLt, you are correct in your original assertion in that a strict reading of the statute makes it a crime to sell out of state, even if the transfer goes through an FFL. Generally a sale is a sale, and is not dependant upon delivery,
although this could vary under state law-regardless, it's not relevant here.
I believe the reason that this is not an issue is that the primary concern is the transfer, and the way that string of words is used is basically as all synonyms for any kind of transfer--the intent was not to list separate types of actions, but to cover all types of transfers.
It could have simply used the phrase "any transfer", but you know how wordy lawyers can be. I see this as similar to contracts of sale, where the language is "I hereby sell, transfer, and assign...". We really just mean "sell". We're not doing three separate things--we're just selling.
Originally Posted by docnyt
You cannot legally buy or sell a handgun interstate without going through an FFL on the receiving state's end.
Fixed it for you, bud.
You can buy a long gun from a dealer in any state, so long as both state's laws are observed. Selling any gun to a dealer in any state is not illegal, so "selling" isn't needed here.
Actually, you didn't fix it-- he was correct. The key phrase was "except through an FFL".
To be clear, a person can buy long guns from an FFL regardless of residency. A person can only by hanguns from a resident of the same state, regardless of whether or not the seller is an FFL holder.
NavyLt, you are correct in your original assertion in that a strict reading of the statute makes it a crime to sell out of state, even if the transfer goes through an FFL. Generally a sale is a sale, and is not dependant upon delivery,
although this could vary under state law-regardless, it's not relevant here.
I believe the reason that this is not an issue is that the primary concern is the transfer, and the way that string of words is used is basically as all synonyms for any kind of transfer--the intent was not to list separate types of actions, but to cover all types of transfers.
It could have simply used the phrase "any transfer", but you know how wordy lawyers can be. I see this as similar to contracts of sale, where the language is "I hereby sell, transfer, and assign...". We really just mean "sell". We're not doing three separate things--we're just selling.