Posted: 11/26/2006 7:29:47 AM EDT
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I'm wading through the Illinois gun laws, and from what I can gather, if you want to do a private sale/transfer of a firearm, BOTH parties must have a valid FOID card. But what about out of state?? The law lists exceptions, but most seem to apply to hunters, or those licensed by their home state. But what if the home state doesn't have a FOID type thing?? Has anyone done an out of state private sale/transfer?? Thanks for any input you may have. Mike |
I am pretty sure that is true unless you are in a physically adjoining state. That is for Illinois, Wisconsin, Indiana, Kentucky (?) Ohio allows face to face transfers with the waiting period in effect. I don't know if you have to do a background check or not... Correct me if I'm wrong on this Silas... efxguy |
This is not true - check the BATFE's FAQs. www.atf.gov/firearms/faq/faq2.htm#b1 What is true is that an individual may purchase a long gun from any licensed dealer in ANY state, by Federal law. State law restricts this further, to only include adjacent states for IL residents. This is in contrast to handguns, which may only be purchased within your state of residence, from either a dealer or an individual. |
Sorry, I was sleeping at my post.  I actually don't know for certain, but my understanding is the same as PCGuns and others have said. Namely, that adjoining state long gun is ok w/o FFL. |
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I don't see in that link where an "unlicensed person"(non-FFL) can directly obtain a long gun from an out of state party. The seller may send the long gun directly to an FFL in the buyers state for subsequent receiving state and federal legal compliance. Tread very carefully. You only have one shot.. |
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PCGuns and Walkure are saying the same thing - but quoting from different paragraphs. The ATF allows longarm purchases around the country IIRC, and places no additional restriction on it - unless the state chooses to do so. Illannoys, of course, does,  and restricts longarm sales in Illinois to citizens of adjoining states. As an IL resident I can go elsewhere (like TX or MN) and purchase a longarm, but my friends from MN or TX can't come here and do likewise.The one "out" to the restriction, IIRC, is if the purchaser holds a valid and current nonresident IL hunting license. Of course, for $150+ of a NR hunting license, they can probably buy it in their home state for the same price. |
A long gun purchase may be made in an out of state "brick and mortar establishment". The OP asked about selling a firearm to an out of state person. The OP MUST send his "for sale" firearm to an FFL, a licensee in the buyer's state. If the OP were to send the firearm directly to a non-licensee, non-FFL, a very serious offense would have occurred. ALL firearms transactions between the states must be conducted through a licensed person. Marksman14 hit the nail on the second posting.... |
NO! All interstate transfers require a FFL. A non-licensee can go into an adjoining state, and buy a long gun Face to Face from an FFL and bring it back to his state, but cannot do the same if buying from a non FFL. |
No, reread my post. BATFE explicitly states (and I repeated) that interstate transactions must go through a licensed dealer. Federal-ly, you can purchase a long gun from any dealer in any state. State law limits this further for us (and residents of other states as well). |
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I can come down there and buy a rifle from Bass Pro (wait your stupid wait period, then take it with me). I cannot buy one cash and carry from Marksman14, he must ship it to a WI FFL. I can come down there and buy a pistol from Bass Pro, but it must be sent to a WI FFL. I cannot buy a USP cash and carry from Marksman14, it must be sent to a WI FFL. |