Private Gun Sale Question

[progrmr]

I live in Ohio and I have a firearm I'd like to sell. If buyer lives out of state and comes to my house for a private gun sale is he legal to take the gun out of state? I'm not a dealer and don't have a FFL or anything like that.

Private gun sales in Ohio are pretty much just make a deal. But I don't want to get in trouble and I don't the buyer to get in trouble.

Anyone have input on this subject?

 

[SG Merc]

I think it's legal to sell a long gun in such a manner if the buyer is from an adjoining state, but it's definitely not legal if it's a handgun.

 

[igpoobah]

No, no, no. Buyer must take possession from FFL in their home state...

 

[Car Knocker]

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


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? [Back]

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]


http://www.atf.gov/firearms/faq/faq2.htm#b1

 

[Chipperman]

If this is a C&R gun and the buyer hass a C&R license, then it would be o.k.
Otherwise, the sale must go through an FFL.

 

[Deavis]

Long gun == okay. Handgun != okay from a licensee. If you aren't a licensee, then what was quoted above doesn't apply to you in (the second part). I can't find anything past the 922 statute from above that Car Knocker quotes.

 

[Hkmp5sd]

There are several WRONG and BAD answers above.

Car Knocker and Chipperman are the correct ones.

For a firearm to transfer across state lines, at least one FFL must be involved. Federal law allows one to purchase long guns outside their state of residence from a FFL. If the buyer comes to you, you can go to your local FFL and transfer the gun to him and he takes it home. If he does not come to you, you need to ship it to a FFL in his home state and let him take possession there.

 

[logical]

Actually Hk it should be noted that what you say is true for long gins only. I believe a buyer from state A coming to state B to buy a handgun would need to have it shipped to a FFL in his own state A. Not even an FFL can transfer a handgun directly to a person from outside his home state.

 

[Hkmp5sd]

Yep. As mentioned throughout the thread and in my response, we are talking about a long gun.