So, I wanna' sell a gun person to person

Discussion in 'Legal' started by abq87120, Jan 13, 2016.

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  1. abq87120

    abq87120 Member

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    I have a friend who wants to buy one of my guns. I cannot find a definitive statement anywhere of what the current legal ramifications are now that BHO issued his executive action. Do I have to have an FFL to sell this gun to my friend?

    I went to the nraila.com site and nothing jumped out at me to answer this.
     
  2. Midwest

    Midwest Member

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    What state do you live in and what state does your friend live in?
    .
     
  3. Bobson

    Bobson Member

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    I don't think his executive order changed anything, legally. Make sure you obey your state laws and whatever federal laws you've had to follow in the past, but other than that, you should be good to go.
     
  4. Sam1911

    Sam1911 Moderator Emeritus

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    If you could last month, you can now.

    The executive actions don't change on single thing about the legality of what you're doing.

    If it is lawful in your state to sell a gun to another resident of your state without an FFL dealer involved, then IT STILL IS.
     
  5. Frank Ettin

    Frank Ettin Moderator Staff Member

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    It depends:

    • Are you both residents of the same State? If not, federal law in effect since 1968 requires that transfer be done by an FFL.

    • If you are, state law matters. The laws of some States (e. g., California, Massachusetts, Washington, Oregon, Pennsylvania (handguns), as well as some others) require various formalities be observed even for private sales.

    • If you know or have reasonable cause to believe that your friend can not legally possess a gun or ammunition, you have some problems.

    • If you sell enough guns often enough that the ATF might conclude that you're engaged in the business of being a dealer in firearms (see here), you have other problems.

    But as Sam pointed out, none of that is new. It's been like that for some time, and there's been nothing (yet) to change any of it.
     
  6. JSH1

    JSH1 Member

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    The ATF put out this hand guideline at the beginning of the year: Do I Need A License to Buy and Sell Firearms?

    https://www.atf.gov/file/100871/download

    As the others have said, the Executive Actions announced by the president did absolutely nothing to change the law.
     
  7. SlayerOfBunnies

    SlayerOfBunnies Member

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    The dogmatic answers you have gotten are very suspect for this simple reason: no one knows.

    The issue isn't whether it's legal to sell one gun person to person but rather what makes you a gun dealer. 0bama can't enact law on his own but he most certainly CAN order the ATF to behave differently.

    Before his executive action, it was commonly known, for instance, that one can not go to a gun show, buy a gun and then turn around and sell it same day. There is no law against this, but if the ATF were to hear about it, this crossed a guideline they used to determine if you were in the business of selling guns. The executive action seems to prod them to expand their guidelines as to what constitutes being a gun dealer.

    Can you sell one gun now face to face? Two? A dozen? Beats me - no one that knows is saying.
     
  8. JSH1

    JSH1 Member

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    Read the ATF Guideline I linked above. The ATF does know the criteria and they were nice enough to publish a 15 page guideline so you can know too.
     
  9. Sam1911

    Sam1911 Moderator Emeritus

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    That's really not very helpful. We can give very clear answers to the OP's question, as Frank did up in post 5.

    Saying otherwise at this point is really just continuing the flurry of "FUD" (Fear Uncertainty and Doubt) that's been kicked up by the absurd media reaction to this latest Executive Flatus.
     
  10. danez71

    danez71 Member

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    That publication actually uses a very similar scenario as an example and answers whether or not a license is needed.


    IMO, it does a very good job at clarifying and and gives several hypothetical scenarios.... it should be linked everytime this question comes up.
     
  11. JSH1

    JSH1 Member

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    I believe I have linked it in every thread discussing the recent executive actions. That hasn't prevented the FUD described by Sam1911. Some people want to believe that Obama banned private sales and are not going to be convinced otherwise.
     
  12. oneounceload

    oneounceload member

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    Then do not so business with them.
     
  13. JSH1

    JSH1 Member

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    If it was only that simple. FUD effects me. FUD is the reason I can't find pistol powder today. In the past 7 years gun owners have been our own worst enemies spreading rumors and panic for no reason.
     
  14. Elkins45

    Elkins45 Member

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    Until the OP returns and answers these questions any responses aren't definitive, other than the one stating that if he could previously sell one legally then he still can.
     
  15. abq87120

    abq87120 Member

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    OP replies

    I live in AZ. I don't do gun shows... Waste of time around here. I have a CCW for AZ and UT. I am just selling a semi-auto pistol to a friend. She lives in AZ and doesn't do gun shows either.
     
  16. morcey2

    morcey2 Member

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    As long as you don't have reason to believe that she's a prohibited person, you should be good to go. The president's executive action doesn't have any bearing on it.

    Matt
     
  17. Frank Ettin

    Frank Ettin Moderator Staff Member

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    While we can say with reasonable confidence that nothing Obama is doing is material, we simply don't know enough to say with complete confidence that the OP is "good to go." See post 5.
     
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