private sale quesiton

[ewlyon]

hey all, ive got a question that is a bit complicated and i havent found an easy answer to yet so i figured id post it here and see if anyone knew what was allowed.
I am an Illinois resident under 21. In illinois i can buy a handgun if it is from a private sale and the waiting period is observed. However, i am currently in Michigan and have found a rough looking but apparently function Colt woodsman for a decent price being sold as part of a private collection. I have been told that for private sales Michigan does not require a waiting period.
However, for illinois residents to buy a handgun from an out of state gun shop requires it to be transferred to an FFL in illinois before you can take possession of it.
So basically my question is what would i have to do to be able to complete this purchase, if it is even legally possible?

 

[Sam1911]

By federal law, any sale to you (as you're not a MI resident) would have to go through an FFL. As this is a handgun and you are under 21 it is not possible for you yet.

Sorry to say. You'll be of age soon and more deals will come your way. Don't push your luck and risk breaking the law.

 

[brboyer]

You can't.

 

[ewlyon]

figured i wouldnt get the answer i wanted. im missing out on a real deal too

 

[langenc]

MI does not feel that waiting is worth anything and does not do that foolishness. Some other but no waiting.

The sale you describe will have to go thru a FFL in MI before delivery, a federal requirement. The only wait will be for the gun to get from IL to MI.

PS: I had your residence and the guns location backwards. Transfer from MI to IL still req FFL. And the FFL and not 21 part?? I dont know. I do know you cant buy from a FFL less than 21 (fed law) but transfer??

 

[clocker]

I am not sure about the details of Illinois law, but would it be possible for ewlyon to purchase and transfer the firearm to a local IL FFL who would hold it until he was 21? This would be similar to an NFA transfer arrangement where they hold the firearm until the paperwork clears.

It might be worth calling your local FFLs to see if that was an option.

 

[rcmodel]

FFL dealers come and go.

If you think the FFL dealer will still be in business and not fold his tent and steal off into the night until you are 21?
Maybe worth a try.

Or, you could move to Michigan and seek employment there.

They got crazy gun laws too, but not as crazy as Illinois.

rc

 

[Jim K]

I very much doubt any dealer would agree to hold a gun for three years.

Quite frankly and IMHO, a "rough" Colt Woodsman would not be worth all the hassle. There are plenty of them out there in good shape and they are not going up significantly in price in a couple of years. Don't take chances with the law and your freedom over any gun, let alone a pretty common one.

Jim

 

[Frank Ettin]

...The sale you describe will have to go thru a FFL in MI before delivery, a federal requirement...

It looks like you caught it, but just to be sure everyone is on the same page, that statement is not a true statement. Because the OP is an Illinois resident, under federal law the transfer would have to be done in Illinois by an FFL in Illinois.

 

[ewlyon]

does it matter that i am temporarily living in michigan? i have a legal address here that i am using as my contact address for work but i live in illinois for most of the year and my permanent residence is there

 

[DrewBegley]

Actually if that's the case, you are technically a resident of Michigan. In VA, we have seperate laws pertaining to college students from out of state. While they're living in the state to go to school, they are full pledged residents and the law effects them accordingly.

 

[Sam1911]

The BATFE says this:

Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

 

[Guillermo]

I would give a family member the "hot tip" on the gun.

Moderator Edit: A pretense or sham transfer of funds won't make an illegal straw purchase legal.

BTW, I like the Woodsman a lot but the magazines are very expensive. Make sure that you inform your family member, if they choose to buy it, to take a look at the magazine prices before they buy. And, of course, make sure that they can legally buy it.

The laws are stupid but you must be informed so as to stay legal. And staying legal is of paramount importance.

 

[dogtown tom]

Guillermo I like the Woodsman a lot but the magazines are very expensive.

Oh heck no.......while 1st Series Woodsman mags are pricey, mags for 2nd and 3rd Series are cheap.....typically less than $30 on Gunbroker. One GB auction is selling a lot of five for $104.

I bought my lifetime supply from CDNN five years ago....genuine Colt stainless for $9.99 each.

 

[Guillermo]

Thanks Dogtown,

Last time I checked they were VERY high. Apparently I am mistaken.

Which is bad because I now need to buy one or two

 

[Frank Ettin]

Just to clarify the law:

[1] It is perfectly legal for you to give or loan someone money so that he could buy a gun from a dealer for himself.

[2] It is not legal for you to give someone money, however you describe or characterize it, for him to buy a gun from a dealer for you.

 

[Midwest]

This thread is nearly two years old.

.

 

[Frank Ettin]

No reason to keep this open.