Armory Sponsor
Posted: 1/8/2010 5:51:56 PM EDT
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Question Answered
Can a resident of one state sell a weapon to an individual from and adjoining state (private sales are legal both states)? Where would one find the BATF regulation dealing with this? |
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He sure can, but it needs to go through an FFL in the recipient's home state.
A non-licensee can be transferred a long gun from an FFL in another state, so long as state law doesn't prohibit it. A non-licensee can only be transferred a handgun form an FFL in his own state, or via private party from from another resident of his own state (so long as state law doesn't prohibit it). Anything interstate needs to go through an FFL in the recipient's home state. |
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Quoted:
Can a resident of one state sell a weapon to an individual from and adjoining state (private sales are legal both states)? Where would one find the BATF regulation dealing with this? You can sell it to him, but you would need to ship it to an FFL in his state. You cannot do a face to face or "private" transaction with a resident of another state.http://www.atf.gov/firearms/faq/unlicensed-persons.html Q: To whom may an unlicensed person transfer firearms under the GCA?
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] Q: From whom may an unlicensed person acquire a firearm under the GCA? 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] Q: 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? 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)] |
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