What do I need to do to legally sell a rifle to a friend?

[ted]

Since TN doesn't have gun registration, how did the cops know where to go to see who bought it? Know where buddy #1 bought it? Wife must have pointed them at buddy #1?

you tell me , but thay did .

[Oh Shoot]

Since TN doesn't have gun registration, how did the cops know where to go to see who bought it? Know where buddy #1 bought it? Wife must have pointed them at buddy #1?

 

First owner can almost always be found by simply going to manufacturer/distributor which leads to FFL who sold it, and the 4473 on file there.

 

Plus, the ATF National Tracing Center has records of all closed FFLs which are put into database. Also, multiple handgun purchases are also sent to the NTC on separate form, which includes name and address of buyer and gun info.

 

If I am correct, under Federal law, selling across State lines only applies to handguns. You can buy and sell long guns across State lines unless the purchaser's State has other laws.

 

Absolutely wrong. Personal sale of any firearm between residents of different states is a felony offense as per federal law.

 

In all cases, they must be transferred through an FFL. In the case of long guns, federal law permits the transfer to happen in either state; in the case of handguns, must happen in state of the recipient only.

 

- OS

Edited July 5, 2013 by Oh Shoot

[Bill4282]

If I am correct, under Federal law, selling across State lines only applies to handguns. You can buy and sell across State lines unless the purchaser's State has other laws.

No, that is any firearm and would be considered trafficking. Unless you're a gunrunner for Obama/Holder/ATF, then by all means carry on your patrotic duty... :yuck:

I was partially right. A FFL can sell to someone out of State per ATF but their website says:
2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

[Oh Shoot]

I was partially right. ....

 

I guess you could argue for a partial sentence if convicted. :)

 

- OS

[Lumber_Jack]

I sold a pistol to a guy who three weeks later illegally (no permit) carried it into the county courthouse and was arrested. No one kicked my door down, BECAUSE, they didn't care where he got the gun. He had no priors when I sold him the gun. Just an old guy that didn't mind the rules while paying his taxes one day.

Ask for ID, ask if a criminal, take money, fondle money, go home

[ted]

I sold a pistol to a guy who three weeks later illegally (no permit) carried it into the county courthouse and was arrested. No one kicked my door down, BECAUSE, they didn't care where he got the gun. He had no priors when I sold him the gun. Just an old guy that didn't mind the rules while paying his taxes one day. Ask for ID, ask if a criminal, take money, fondle money, go home

well he didn't kill any one with the gun did he, and he was right there with the gun own him with the police right . that would make a big differance I would think. The police where not at this home when this women's husband was shot and killed. Edited July 5, 2013 by ted

[whitewolf001]

I was partially right. A FFL can sell to someone out of State per ATF but their website says:
2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

 

Yeah, your original answer was about as vague as Eric Holders testimony...

 

You said out of state but never made mention of the FFL's homeslice and infered it by the grammar of your statement that it was ok to sell handguns FTF over the line, which as you quoted would make your original answer, EL WRONGO!

Edited July 5, 2013 by whitewolf001

[whitewolf001]

I sold a pistol to a guy who three weeks later illegally (no permit) carried it into the county courthouse and was arrested. No one kicked my door down, BECAUSE, they didn't care where he got the gun. He had no priors when I sold him the gun. Just an old guy that didn't mind the rules while paying his taxes one day.

Ask for ID, ask if a criminal, take money, fondle money, go home

 

I like to spend the night with mine before the collection raiders come to pillage my goods and plunder.

[Lumber_Jack]

I sold a pistol to a guy who three weeks later illegally (no permit) carried it into the county courthouse and was arrested. No one kicked my door down, BECAUSE, they didn't care where he got the gun. He had no priors when I sold him the gun. Just an old guy that didn't mind the rules while paying his taxes one day. Ask for ID, ask if a criminal, take money, fondle money, go home

well he didn't kill any one with the gun did he, and he was right there with the gun own him with the police right . that would make a big differance I would think. The police where not at this home when this women's husband was shot and killed.

My point is there was no paperwork to link the gun back to me. Remember a bill of sale is a link both ways. Without a paperwork trail the only person they can find is the original 4473 buyer, and even then all you'd have to do is say you sold the gun. Sure they may search your house but unless you committed a crime they aren't going to find anything.

[Spiffy]

What you need is a wheel barrow to cart off all that $$$$$