laws on out of state private gun sale?

[Guest desireeharper1]

what are the laws on selling a gun privately to someone out of state? i'm selling one and someone in a neighboring state has shown interest in it. thanks- D

[Fallguy]

Others that know for sure should chime in shortly, but I think from what I've read in other post it would have to go through a FFL since the buyer is out of state.

[Guest price g]

Others that know for sure should chime in shortly, but I think from what I've read in other post it would have to go through a FFL since the buyer is out of state.

This is the correct answer:)

[saintsfanbrian]

That is the official/Legal answer. Last I checked though, you didn't have to check a Drivers License as long as it was an FTF

I do not condone breaking the law.

Edited March 14, 2008 by saintsfanbrian
Don't Break the Law - Don't go to jail

[Fallguy]

That is the official answer. Last I checked though, you didn't have to check a Drivers License as long as it was an FTF

I thought about that afterwards.

[Guest canynracer]

LEGALLY....you have to ship it to an FFL...

word of advice...if you do not know this person....use the FFL....its not worth the risk if you dont know your buyer

[Guest desireeharper1]

the buyer (if my first pick here in TN doesn't get it) would be an old friend of a friend, who's also in the gun industry somehow, and she says he's ok to buy as far as not having a record, though that's as close as i'd come to knowing for sure. i doubt he'd want to go through an ffl due to the extra cost since my gun is a walther p99c QA and since it's only 3 weeks old i'm asking $500 for it and a dealer would want to add on a fee for a background check. hopefully my first pick locally will come back from vacation and want it, but not sure. thanks!

[Guest Spuds]

i doubt he'd want to go through an ffl due to the extra cost since my gun is a walther p99c QA and since it's only 3 weeks old i'm asking $500 for it and a dealer would want to add on a fee for a background check. hopefully my first pick locally will come back from vacation and want it, but not sure. thanks!

Nice of you to think of the buyer's wishes. In matters legal, however, I like to consider things like my freedom, my job, my ability to mount a defense against criminal charges, etc. In the scheme of things, $500 loses every time in my way of thinking.

Sure, it's done every day, guns sold across state lines. In my point of view it's not the government's business what a private citizen does with his property. However, living in the real world, and knowing there are consequences for not adhering to "the man", I choose to play by his rules. Most of the time, anyway.

[Guest gunslinger707]

i doubt he'd want to go through an ffl? an out of state buyer you don't really know?....................CYOA!! IMHO

[Guest tjbert47]

Others that know for sure should chime in shortly, but I think from what I've read in other post it would have to go through a FFL since the buyer is out of state.

Only if it is a handgun. Long guns can be sold to out of state buyers without use of an FFL.

[Guest desireeharper1]

oh, i didn't mean i would sell to the out of state guy. i meant it wouldn't work out b/c he probably wouldn't want to go through the hassel of going through a dealer and the extra cost for it, so i hope my other guy decides he wants it.

[Marswolf]

I think we are getting a lot of confusion here.

Basically, you can sell a firearm to another resident of your state without going through a transfer agent if you choose to do so.

You may personally buy and take possession of a rifle, but not a handgun, out of state but you have to go through an FFL to do it. If I go into Virginia and buy a rifle, they can do the paperwork for me there and give me the rifle. If I buy a pistol, it has to be sent to a transfer agent in Tennessee and the paperwork done here.

If you sell a firearm (rifle or handgun) to someone out of state you must go through a transfer agent in their state.

None of this applies to black powder weapons, as I understand it. Shotguns too, I think.

[Guest Spuds]

Only if it is a handgun. Long guns can be sold to out of state buyers without use of an FFL.

The above is absolutely 100% false. Tennessee law refers to 18 U.S.C. on this matter.

http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

§ 922. Unlawful acts

(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

( the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

[bubbadavis]

How about out-of-state tranfers between family members? Father-son for example...

[Marswolf]

How about out-of-state tranfers between family members? Father-son for example...

A gift or a sale?

Lots of these questions are covered in this ATF FAQ: http://www.atf.treas.gov/firearms/faq/

[Guest jp79]

(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

this makes me wonder. I maintain a home here in Knoxville were i work and one in West Virginia. I pay income tax in WV and that is also were i have my drivers license and CCW.

That makes it sound to me like i could purchase a firearm here in Tn. I have actually passed up a couple firearms i really wanted due to the out of state rules. Anybody have any input.

Edited March 19, 2008 by jpruett79
typo

[bubbadavis]

A gift or a sale?

Lots of these questions are covered in this ATF FAQ: http://www.atf.treas.gov/firearms/faq/

Thanks Marswolf.

Lots of information available there -- now I need to go back to school and do some reading.

[DaveTN]

That is the official/Legal answer. Last I checked though, you didn't have to check a Drivers License as long as it was an FTF

Really?

I ask to see ID showing the state they are from and their age. I have assumed (maybe in error) I would be held responsible for that because I can ask for proof of that info. Other stuff like if they are a convicted felon I have no way to check.

I doubt that claiming that the buyer did not have an ID would be a defense for selling a gun to a minor; so why would be selling to an out of state buyer be okay?

[Marswolf]

I'd like to see nothing, It's not the legitimate business of anyone.