Rules on gun transaction

This is a discussion on Rules on gun transaction within the General Firearm Discussion forums, part of the Related Topics category; I know you can't buy or sell to someone from out of state without an FFL being involved, even in a face to face transfer. ...

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Thread: Rules on gun transaction

  1. #1
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    Rules on gun transaction

    I know you can't buy or sell to someone from out of state without an FFL being involved, even in a face to face transfer. But what about a trade? Would you have to involve an FFL to do a trade with someone from a different state?
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    VIP Member Array Bud White's Avatar
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    yes

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    That is what I thought. I was just double checking before I got into an argument with a guy and possibly ruin a trade deal.
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    Senior Member Array mocarryguy's Avatar
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    Handguns only, this does not apply to long guns. Interstate transaction vs. Intrastate transaction. I am sure you are talking handguns.
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    Not quite.

    An FFL holder cannot sell to an individual that lives out of state without going though a FFL holder that lives in that state.

    There are no restrictions for private sale...unless your state specifically prohibits that and requires an FFL.

    Private sales are not regulated by the ATF.
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Echo_Four View Post
    I know you can't buy or sell to someone from out of state without an FFL being involved, even in a face to face transfer. But what about a trade? Would you have to involve an FFL to do a trade with someone from a different state?
    States' rules vary by state, of course. In Oregon, for example, you can face-to-face (FTF) transfer without paperwork, without proof of ownership, without covering your butt in any way, without knowing the other party. Got cash? Buy the gun. Want cash? Sell the gun. Want some measure of protection? Call up the state police and do a stolen gun check on the S/N; create a simple bill of sale between you and the other party; verify the person via his/her driver's license; and meet at a public shooting range during daylight hours. Otherwise, the state doesn't need to be a party to the transaction. No FFL required. Some places are like that.
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    Distinguished Member Array LenS's Avatar
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    Reading the answers is confusing, with some good and some BAD info.

    So here's the straight scoop on FED LAW (which has to be met before you worry about state laws):

    - NO FTF between people who do NOT live in the same state! Period! Doesn't matter if handguns or long guns. It's a Fed Felony to do otherwise!

    - Anyone can transfer a long gun in any state as long as the transfer is done by an FFL (only required if the buyer and seller live in two different states). Gun and transaction MUST also comply with state laws (some states prohibit this, others regulate it).

    - Handguns can ONLY be transferred by an FFL in the state the buyer resides in. Can be hand-delivered or shipped by anyone to said FFL (according to Fed Law, some dealers won't accept anything except from another FFL, but this is NOT Fed Law)!

    Feds don't care if it is a gift, sale, swap, or whatever. Any transfer of ownership is treated the same way by law. [Only inheritance has special exceptions to these rules.]

    State laws vary greatly. You need to be sure of your state laws and those of the buyer's state (some states ban certain guns).

    Following the prior advice on creating a bill of sale, putting ID info on it, signatures attesting that the person legally can possess said gun, etc. are great for CYA . . . especially if the paper trail would otherwise end at your door. You can at least remove suspicion about yourself if someone comes looking for the gun at some later time.

    I hope that covers the important points.
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    Distinguished Member Array jarhead79's Avatar
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    Well, I can tell you that Oklahomans cannot do it. When I was there last spring, I wanted to buy new guns to go with my new job. Looked into in, but couldn't person to person, due to the state laws.

    Of course, I could have just bought the guns and not worried, but I'm a good, law-abiding citizen, right???
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    Ex Member Array Pete's Avatar
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    Nate, in addition to you being a 'good law-abiding citizen' I think we can agree that it isn't too paranoid to assume that any seller or buyer who wants to break the law on this matter could quite easily be an ATF agent working a sting.
    Don't do it folks, don't give them the rope to hang you.

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