Can this be done?

[VERO1]

Are there any regs prohibiting or regulating where a gun sale can be made? In essence, can a Tn resident sell a gun to another Tn resident in a state other than Tn?

[Oh Shoot]

Are there any regs prohibiting or regulating where a gun sale can be made? In essence, can a Tn resident sell a gun to another Tn resident in a state other than Tn?

 

Federally, the transaction is not illegal in and of itself for seller or buyer, but it is illegal to bring a firearm back into one's home state that was received in another state in private transaction period.  If the buyer never brought the firearm back into TN, no federal law broken.

 

Go figure, eh?

 

- OS

Edited February 25, 2015 by Oh Shoot

[VERO1]

Clear as mud! Thanks for the research. Sometimes to much time to think is not always a good thing. No impending purchases planned,was just wondering.

[Oh Shoot]

Clear as mud! Thanks for the research. Sometimes to much time to think is not always a good thing. No impending purchases planned,was just wondering.

 

Additional irony: way federal law is written, is not actually illegal per se for resident in his own state to buy a firearm from seller he knows is resident of another state, unless he has reason to believe the firearm is stolen. That and previous example is why stings generally target sellers rather than buyers.

 

- OS

Edited February 25, 2015 by Oh Shoot

[DaveTN]

The way I read it (Federal Law); it would be an unlawful act. You also would be bound by the laws of the state you are in regardless of the state of residency of the buyer or seller.

[Oh Shoot]

The way I read it (Federal Law); it would be an unlawful act.

Please paste the part of federal USC where the sale itself would be a violation for either party.
 

You also would be bound by the laws of the state you are in regardless of the state of residency of the buyer or seller.

 

That's true, always.

 

- OS

[Omega]

Please paste the part of federal USC where the sale itself would be a violation for either party.
 

 
That's true, always.
 
- OS

The buyer is the one at issue first sentence:
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(b)(3), 27 CFR 478.29 and 478.30]

[Oh Shoot]

The buyer is the one at issue first sentence:
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( B)(3), 27 CFR 478.29 and 478.30]

 

If that's a BATF "faq", like any number of them, it's not precisely correct. Read the referenced laws therein yourself:

 

The CFR, simplified from the USC:

 

"No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State."

 

So, federally, a sale between same state residents is not illegal no matter where it occurs. The buyer commits the crime only when he transports or has delivered into his own state a firearm acquired outside of it.

 

Of course, for most practical purposes, the buyer would indeed want the firearm with him in his home state,  so the difference may be largely pedantic, but nonetheless it exists. For example, you might want to leave the firearm in the other state for purposes of hunting, sports shooting, or even as a loan, all of which would be lawful federally.

 

Again, it's a reason sellers are mainly targeted for stings rather than buyers. As even if say, a Tennessean buys a firearm knowingly from an Alabamian in Alabama, he's not federally culpable until he crosses the TN line with it. Of course, if the Alabamian knows the feller is a Tennessean, he is guilty of an illegal sale right then and there.

 

Course, as Dave mentions, there may be state laws in the one where the transaction occurs that are stricter than federal, but none exist in this regard in TN AFAIK for example.

 

- OS

Edited February 25, 2015 by Oh Shoot

[ProfEngr]

So, federally, a sale between same state residents is not illegal no matter where it occurs. The buyer commits the crime only when he transports or has delivered into his own state a firearm acquired outside of it.

 

Again, it's a reason sellers are mainly targeted for stings rather than buyers. As even if say, a Tennessean buys a firearm knowingly from an Alabamian in Alabama, he's not federally culpable until he crosses the TN line with it. Of course, if the Alabamian knows the feller is a Tennessean, he is guilty of an illegal sale right then and there.

 

This really tweaks my melon. :wall: 

[Oh Shoot]

This really tweaks my melon. :wall:

 

You can blame Mr. Oswald for that section of the USC. Or whoever set him up for it, whatever.

 

- OS