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Question about private party sale

Discussion in 'Legal' started by Alex45ACP, Apr 19, 2007.

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  1. Alex45ACP

    Alex45ACP Member

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    If someone lived in one state and owned a firearm, left the gun in the first state and moved to and established residency in another state, could that person go back to the first state and "legally" (assuming the 2nd Amendment didn't exist) sell the gun he had stored there in a private party sale to a resident of the first state? Or would it have to go thru an FFL? What if the seller also has a home in the first state, but it is not his "primary" home?
     
  2. dralarms

    dralarms Member

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    I almost answered NO, but I can tell you that if you live in NC and I live in Tn, you can't legally transferr a gun to me unless it goes through a FFL. That being said I think as long as this person has a residence in the previous state he should be fine to do the transferr. Or he could bring it into his new state as long as it's not one of the oppressed states. When I moved to Tenn from Nc, I sold my only gun (a taurus 357) to my brother before I moved. At the time I didn't want it here since there were small untrained children around and at the time I could not afford a safe of any type. Seemed like the best option to me at the time. (now I wished I'd kept it cause he lost it (sold it or traded or something) no body knows).:cuss:
     
  3. Alex45ACP

    Alex45ACP Member

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  4. rkba_net

    rkba_net Member

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    "If someone lived in one state and owned a firearm, left the gun in the first state and moved to and established residency in another state, could that person go back to the first state and "legally" (assuming the 2nd Amendment didn't exist) sell the gun he had stored there in a private party sale to a resident of the first state?"


    You must be a resident at the time of transfer, this sounds to me like your are an EX-resident of the first state.

    " What if the seller also has a home in the first state, but it is not his "primary" home?"

    If one owns two homes you are a resident of a state when you are occupying a house in it... this ATF FAQ entry covers a similar situation

    from the ATF web site...

    B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

    If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

    [27 CFR 478.11]
     
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