Private Sales accross State lines

[Feud]

Question for THR:

Is it legal to conduct a private sale with someone who lives in another State if you know that the person is legally able to own and carry a gun?

I ask this due to some concerns over a potential sale between a family member in another State and myself. I don't want to break any laws, but I'm having trouble finding any concrete info on the matter (a link to any info would be appreciated!).

 

[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]



(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]
http://www.atf.gov/firearms/faq/faq2.htm#b1

 

[Feud]

Hmmm... I'm not a lawyer but the prognosis doesn't look good.

 

[kingpin008]

Private FTF sales between residents of different states are illegal. You'd have to go through a FFL.

 

[Jubjub]

It's five minutes from my house to a state line in a metro area that straddles the line, so this came up long ago for me.

Short answer is no.

You can buy a long gun from a FFL dealer in a different state from your state of residence. Handguns have to be transferred to a dealer in state. Long guns from a non dealer have to be tranferred through an in state FFL holder.

 

[Feud]

Roger, thanks for the info!

 

[mljdeckard]

At the risk of incriminating myself, many years ago, I bought a pistol from a friend of mine while we were in the army in Germany. I didn't have enough time to have it added to my orders before we both went home, so I told him I would use it as a reason to go visit him in L.A., to pick it up from him, which I did. Took it home, had a lot of problems with it, got rid of it. (It was a Taurus T-92.) I traded it in at a local gun shop.

I didn't realize until years later, when I was in a class for my Criminal Justice degree, talking to a guest speaker from BATFE, that I had done something illegal. I talked to the agent about it, and he shrugged his shoulders. But I also learned, through subsequent experiences, that just because BATFE shrugs at something now, it doesn't mean that they won't turn around and decide that it is worth prosecuting later.

It seems silly that one guy can't sell his friend a gun if they live in different states unless they are willing to jump through a ridiculous hoop or two.