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Issuse I Need To Clear Up


Guest Tailguuner762

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Guest Tailguuner762
Posted

I've been wondering on my recent trips to flea markets and such. Is it legal for them to sell "modern" firearms (post 1899). This had always bothered me, because there are some good deals out there, but I'm worried about stolen guns. Please help!

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Posted

there is no law that prevents anyone selling their privately owned firearms no matter the venue or years of manufacture. ( of course a flea market at a school would be a no no, but you get the idea)

If you are worried about it being stolen ask for a receipt, or ask to have it transfered through a FFL. Of course a transfer is going to cost you extra cash.

Posted

Private sales are legal in this state. There is no assurance you won’t end up with a stolen firearm. You can ask for a transfer at a local gun shop, but I doubt most sellers will want to mess with that.

Just make sure you can ID the person you bought from. If they don’t want to show you ID or you don’t like the terms of the sales; walk away.

If a seller has an FFL; they are required to do the background check. If a person is selling guns at a flea market they run the risk of being charged with selling guns without a license. It’s a grey area; the ATF doesn’t put a number on how many guns you sell before its illegal, but people have been charged for it.

Posted

Federal law states that you need an FFL to do two things; 1) Transfer a firearm across a state line, and 2) be in the business of buying and selling firearms.

Someone selling their personal firearms at a flea market is in little danger from ATF unless they are there every weekend and they are buying AND selling firearms. That will probably be viewed as 'being in the business'.

I have found some great bargains at flea markets. Of course, that is after wading through acres of people who think that a broken-down old Iver Johnson single-shot 12ga is worth $300.

Guest oldslowchevy
Posted
Federal law states that you need an FFL to do two things; 1) Transfer a firearm across a state line, and 2) be in the business of buying and selling firearms.

does this mean i would need a FFL to drive to maryland to visit my dad and go to the range with me using my gun and he usiing his, i don't like his gun(s)?

Posted

I am pretty sure in the term "transfer" that he was referring to the sale of a gun to a resident of another state.

Guest bkelm18
Posted
does this mean i would need a FFL to drive to maryland to visit my dad and go to the range with me using my gun and he usiing his, i don't like his gun(s)?

Transfer does not mean transport. Transfer means transferal of ownership.

Guest Tailguuner762
Posted

Thank y'all I really needed to clear, that up.

Posted
If you are worried about it being stolen ask for a receipt, or ask to have it transfered through a FFL. Of course a transfer is going to cost you extra cash.
I don't think a transfer via an FFL would verify that the gun isn't stolen. The background check is on the purchaser. The info on the firearm is entered into the FFL's bound book. Did I miss a step?
Guest Skeeter
Posted

Did You Miss a Step,

Yep TBI not only runs a check on the Purchaser but also the Gun goes through a set of National Data bases to see if it is stolen.

If it is the locale Police Will Pick it up.

  • 1 month later...
Guest klwehunt
Posted

I have done some tbi checks but have never been ask for a serial number on a gun.Unless something has changed without ser. number or picking up form 4473 with ser.no. on it there would be no way to tell if gun was stolen or not.NCIC don't ask for ser.no. either just s.s. no. of buyer.

Posted
I have done some tbi checks but have never been ask for a serial number on a gun.Unless something has changed without ser. number or picking up form 4473 with ser.no. on it there would be no way to tell if gun was stolen or not.NCIC don't ask for ser.no. either just s.s. no. of buyer.

For a firearm purchase, TBI requires your information for a background check, as well as the caliber, type, and serial number of the firearm. I actually had a purchased stopped a couple years ago because the firearm (which the store got as a trade-in) had been reported stolen.

Posted

Even with a background and or receipt a used firearm could be found stolen days or a year later and turned in as stolen and you have a stolen firearm in your possession. It would be good to have receipt on your part but it

will still be taken from you.

Guest Skeeter
Posted (edited)
Even with a background and or receipt a used firearm could be found stolen days or a year later and turned in as stolen and you have a stolen firearm in your possession. It would be good to have receipt on your part but it

will still be taken from you.

.

No Sir,

Tics runs a check on You and The Firearm thru TN as well as Nics to determine if there is an issue with the purchaser or the firearm.

A unique number is generated for this transaction and given to the FFL holder which he uses as Authorization to transfer this firearm to the purchaser.

There has to be finality to the Law and at that point the transfer is legal and Finial.

* keep your receipt as proof this transpired.

.

Edited by Skeeter

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