Private purchase of out of state pistol

Discussion in 'Legal' started by Mousegun, Aug 13, 2021.

  1. Mousegun

    Mousegun Member

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    I am sorry if this has been hashed out before but the search engine is kaput and I need an answer pretty soon.

    A friend's brother in law died and willed his pistols to my friend's sister, his wife. She lives in South Carolina and he in Tennessee. He purchased the guns from her.

    To stay legal, I believe he has to pass the guns through an FFl in Tennessee to be recorded. If he brings them across state lines, both he and his sister are subject to criminal charges. Him for buying a gun privately out of state and her for knowingly selling a gun to an out of state resident.

    Can someone either confirm, deny, or clean up any mistake I made.

    Thanks in advance.
     
  2. dogtown tom

    dogtown tom Member

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    Correct. The sister would have to bring the guns to an FFL in the buyers state of residence or ship to an FFL in that state.


    Correct.

    See: https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
    and https://www.atf.gov/questions-and-answers/qa/may-unlicensed-person-acquire-firearm-under-gca-any-state
     
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  3. Frank Ettin

    Frank Ettin Moderator Staff Member

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    Yes, under federal law the firearms must be transferred to your friend through a Tennessee FFL. Otherwise your friend may be prosecuted for violation of 18 USC 922(a)(3), and the sister could be prosecuted for violation of 18 USC 922(d). Each is punishable by up to five years in federal prison and conviction includes a lifetime loss of gun rights.
     
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  4. Spats McGee

    Spats McGee Moderator Staff Member

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    You are correct.
     
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