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Question about a gun sale between states.

Discussion in 'Legal' started by hometheaterman, Nov 28, 2009.

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  1. hometheaterman

    hometheaterman Member

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    So I have a buddy that is thinking of selling a rifle he has. I'd really like to pick it up. However, he is from NC and I'm a VA resident. I know we have to go through a FFL dealer and do a transfer. I would probably want to even if we were both VA residents anyway so that doesn't bother me at all. What I'm wondering is can we do the FFL transfer at a dealer in NC or does it have to be a VA dealer with a FFL doing the paperwork since I'm in VA?
     
  2. NavyLCDR

    NavyLCDR member

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    According to 18 USC 922 (b)(3), the transfer can occur at a NC FFL so long as the transfer complies with both the laws of VA and NC.
     
  3. Jim K

    Jim K Member

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    The seller transfers the rifle to the NC dealer, who can then transfer it to the VA resident as NavyLT says. But it must go through the dealer's book and a Form 4473, just as if the VA resident is buying a gun from the dealer's stock. The dealer will charge a fee for his services. (Note that the NC resident should talk to the dealer in advance; some dealers don't know that part of the law and won't transfer a firearm to anyone from out of state.)

    The buyer and seller can't just meet in a dealer's parking lot and do the deal.

    Jim
     
  4. hometheaterman

    hometheaterman Member

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    So what about if we do it at a dealer in VA? Does the same apply? How long does the dealer have to hold it before they can transfer it to the VA resident? Basically what we would like to do is meet at a dealer and have them just transfer it over and do the paperwork. He needs the money for bills badly so he can't wait a week for the gun to go through the dealer. However, at the same time while I'd like to help him out we have to go through a FFL. Maybe he will be able to find a buyer in NC that can help him out if we can't get it worked out.
     
  5. NavyLCDR

    NavyLCDR member

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    I know you have to have a Virginia ID that is a certain length of time old - it is 30 days... That is state law. Other than that, there should be no waiting period once the dealer receives the the rifle/shotgun. And, what Jim Keenan added is exactly right too.
     
    Last edited: Nov 29, 2009
  6. nalioth

    nalioth Member

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    Your friend can take his firearm to a Virginia FFL and you can fill out the paperwork on it and pay the FFL holders' fees.

    NavyLT, what are you talking about? There should be no waiting period for anyone if the seller brings the rifle to a VA based FFL holder.
     
  7. NavyLCDR

    NavyLCDR member

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    It is not a waiting period... a Virginia driver's license or ID card must be 30 days old in order to use as ID for a firearms transfer from a dealer...

    http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2C2

    Virginia Code 18.2-308.2:2:

     
  8. natman

    natman Member

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    It's legal to use an FFL in the seller's state, but it's more unusual and some FFL's won't be comfortable with it because it requires them to know the laws in the buyer's state. Call first.

    Otherwise use an FFL in the buyer's state. That should be a routine transaction.
     
  9. hometheaterman

    hometheaterman Member

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    Both of our drivers license are way older than 30 days so that wouldn't be a problem.

    How much do they usually charge for this holding fee? I was thinking it would just be the $25 transfer fee's that you can usually find them for but I'm thinking the way you guys are talking it might be a ton more than that.
     
  10. nalioth

    nalioth Member

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    I honestly not seeing what has set NavyLT on the track he's on here.


    You should be fine meeting your friend (and his gun) at your local FFL holder's business. No waiting periods, no "holding fees" (whatever that is) - just the FFL's Xfer fee should be all you'll have to pay.
     
  11. NavyLCDR

    NavyLCDR member

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    Only that it is a weird Virginia law that FFL's cannot accept driver's licenses or ID cards that have been issued for less than 30 days.
     
  12. hometheaterman

    hometheaterman Member

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    Thanks for all the info. The guy decided he didn't want to sell the gun for what I wanted to pay so I didn't end up having to go through this. However, it's also good to know in case I ever want to buy a gun out of state in the future.
     
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