Theoritical Question

[Guest ScottD]

First let me say I have no intent to try this, it just hit me as one of those "I wonder" questions.

Can two TN residents conduct a private handgun transfer in another state?

IE. Joe from Memphis and Steve from Knoxville meetup in GA at a shooting event. Joe likes Steve's 1911, and wants to buy it. Can the transaction take place in GA, or do they have to come back to TN to do the transfer?

[Guest tadams]

1. You've got too much time on your hands or you should eat more fiber so you don't spend so much time on the thinking throne.

2. From the way I read the law, it's one TN citizen to another... It wouldn't matter if you were in another state or country, theoretically speaking. It's a clean transaction by definition.

[Smith]

I would disagree. The transaction took place across state lines and traveled across state lines. While you may be technically correct, I can almost assure you the BATF would heartily disagree and delightfully collect their taxes and your soul!

[Guest tadams]

Granted, my inclusion of "other country" was far fetched and has a whole different set of regs....

It all depends on the interpretation of two points, as I understand the way the ATF's rule are written:

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((3), 27 CFR 478.29 and 478.30]

"acquire" - This one could be tricky, by definition. I wouldn't question it, at all, if Steve didn't give the gun to Joe at that time but gave it to him when the two were within the confines of their own state; TN.

"at a licensee's premises" - I'm pretty sure this is meant to emphasize the fact that a person from one state CAN buy from a licensed individual in another state, but their wording should be more precise and is open to interpretation until a case goes to court, unfortunately. As long as both states make it legal for citizen to citizen sales, I would think you'd be good.

also:

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]

and to send it home:

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((3), 27 CFR 478.29 and 478.30]

"rifle or shotgun" - although this, too, means something different than the situation we're discussing, it's the vagueness that allows for open interpretation. This is specifically to see that out of state transfers don't need a licensee to transfer a long gun. Frankly though, so far as I can find, they don't stipulate an "in state" sale while "out of state". If it's not stipulated..... ????? Therein, as I said... it's my opinion that ScottD needs more fiber in his diet. On that, I am sure.

Edited August 11, 2009 by tadams
Added 2nd ATF Reg.

[DaveTN]

My opinion… which is worth exactly what you are paying for it….

You are bound by the state and Federal laws of where the transaction takes place.

Therefore you couldn’t make the transaction even if you went to an FFL in another state.

You would have to either return to Tennessee and make a private transfer or go to an FFL in Tennessee.

[Raoul]

1. You've got too much time on your hands or you should eat more fiber so you don't spend so much time on the thinking throne.

:) That's great.

[Guest Rick O'Shay]

First let me say I have no intent to try this, it just hit me as one of those "I wonder" questions.

Can two TN residents conduct a private handgun transfer in another state?

IE. Joe from Memphis and Steve from Knoxville meetup in GA at a shooting event. Joe likes Steve's 1911, and wants to buy it. Can the transaction take place in GA, or do they have to come back to TN to do the transfer?

I happen to know a TN resident who recently traveled to North GA to conduct a private transaction with a GA resident. I doubt either notified anybody.

[Guest HexHead]

I happen to know a TN resident who recently traveled to North GA to conduct a private transaction with a GA resident. I doubt either notified anybody.

That would be the easiest way.

[TGO David]

I happen to know a TN resident who recently traveled to North GA to conduct a private transaction with a GA resident. I doubt either notified anybody.

Extremely illegal.

[nightrunner]

^^^^^^x2

[Guest m&pc9]

But, What if they flew from Ga. to Ohio and then took a train to Ky and then rented a car and drove home to Tn.

[Guest tadams]

1. You've got too much time on your hands or you should eat more fiber so you don't spend so much time on the thinking throne.

That's great.

I'm glad somebody caught that.

But, What if they flew from Ga. to Ohio and then took a train to Ky and then rented a car and drove home to Tn.

Perhaps your prescription should be a little LESS fiber. You're thinking way too fast.

[Guest Rick O'Shay]

But, What if they flew from Ga. to Ohio and then took a train to Ky and then rented a car and drove home to Tn.

Interesting question:

(4a + 3r) = 1ar - txs.

I like the math.

NOTE: I do not condone the actions of my not-friend and barely acquaintance, as a matter of fact I don't even know his name.

Maybe it was Juan. I am not sure.

[Guest 3pugguy]

First let me say I have no intent to try this, it just hit me as one of those "I wonder" questions.

Can two TN residents conduct a private handgun transfer in another state?

IE. Joe from Memphis and Steve from Knoxville meetup in GA at a shooting event. Joe likes Steve's 1911, and wants to buy it. Can the transaction take place in GA, or do they have to come back to TN to do the transfer?

Wouldn't the law of the state in which they are at during the transaction take precedent, thus making their state of residence moot? I cannot buy a handgun in KY, at least not from a dealer; not sure (doubt it will ever come up) if I could buy a gun from my cousin who lives in Hopkinsville, though.

[Guest 3pugguy]

But, What if they flew from Ga. to Ohio and then took a train to Ky and then rented a car and drove home to Tn.

Only if they have their HCP badge, dress all in black, and wear dark glasses at night...