Private sales in another State

[Ryanxia]

Hear me out before commenting.

Two individuals who are both residents of the same State, can they do a private sale in the next State over where both States allow for private sales? I'm asking on a Federal level.

So, two guys who both live in Maine, happen to be hanging out in New Hampshire and want to do a private sale, where New Hampshire State law allows for private sales. I wouldn't think there would be a Federal restriction on that?

 

[dogmush]

No They can't. See 18 USC 922 (a) (3):

(a) it shall be unlawful-

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

Bolding mine. The exception talked about in (b)(3) has to do with licensee's doing a transfer for a gun bought out of state.

ETA:I should say: They CAN do the sale, but the buyer would have to ship the weapon to an FFL in Maine, and do a transfer with 4473, NICS, and all applicable Maine laws. Not, I think, what you had in mind.

 

[Ryanxia]

Doesn't Paragraph A kind of say, 'if you lawfully acquired it in that State, it's OK'?

You can purchase a long gun at an out of state gun shop and bring it into your own State without going through an FFL, doesn't seem like a private sale would be any different but I guess I'm not real clear on the wording you provided.

Edit: I guess Paragraph A is only for bequest & intestate succession, my bad. But if (b) (3) only has to do with licensee's doing a transfer, there's got to be more to it, because like I said people buy long guns out of State at a gun shop and bring them in all the time.

 

[dogmush]

because like I said people buy long guns out of State at a gun shop and bring them in all the time.

That's (b)(3). Gun shops are licensees.

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Bolding, again, mine.

You can buy a rifle or shotgun from a dealer out of state, if you follow the rules above. And if you follow those rules, you fit into one of the two exemptions to transporting a firearm into your state of residence. But to fit that exemption you had to buy it from an FFL.

Since your question was about private party sales, they don't get the (b)(3) exemption. So it's illegal.

 

[Ryanxia]

Ok thanks. I appreciate the leg work.

The reason I was asking is that we have a Citizen's Initiative coming up in Maine for "Universal Background Checks" and I thought it would be a good point to make that two folks from Maine can just drive over the bridge, do the exchange and come back thus severely negating the effects of the UBC, but I guess that isn't the case.