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Thread: Private Purchase Laws

  1. #1
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    Hello Forum,

    I'm considering purchasing and open carrying a firearm and wish to clarify the laws before going any further.

    What conditions would I be required to meet in order to legally make a private purchase of a handgun from an associate who lives and is a resident in Utah?

    Secondly, what conditions would I have to meet once purchasing said handgun (if it is legal) to legally open carry that firearm in Idaho? (Perhaps in terms of registration? idk)

    Any information about how I can learn more about this, or if someone knows, would be very helpful.

    PS- I also have a family member who lives in Utah now (more than 1yr) who could also purchase and gift the firearm to me, if that makes any difference.


    Thanks for any help, I just want to do it right.

  2. #2
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    Boaz wrote:
    Hello Forum,

    I'm considering purchasing and open carrying a firearm and wish to clarify the laws before going any further.

    What conditions would I be required to meet in order to legally make a private purchase of a handgun from an associate who lives and is a resident in Utah?
    Where do you live? Pleae update profile.

    Assuming you live outisde Utah, 18 USC 922 makes it a crime for your friend to transfer the handgun to you, and crime for you to bring the handgun out of utah after you receive it.

    You need to broker the deal thru gun dealers in both states if you wan tto obey federal law.

  3. #3
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    But if its done in Idaho, you dont have to worry about it. Idaho does not require gun registration. So I would venture to guess, If a receipt was written, and shows that you bought it, there shouldnt be a problem really.

  4. #4
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    I live in Idaho. I have learned more about the FFL procedures since posting, I just wonder if the gifting of the weapon from a family member who is a Utah resident is legitimate, as I've read some things that indicated interstate is ok under that condition.

    Possibly more trouble than it is worth maybe, but just wondering.

  5. #5
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    Boaz wrote:
    I live in Idaho. I have learned more about the FFL procedures since posting, I just wonder if the gifting of the weapon from a family member who is a Utah resident is legitimate, as I've read some things that indicated interstate is ok under that condition.

    Possibly more trouble than it is worth maybe, but just wondering.
    You are conflating legal title with the legalty of the transfer

    You need to read 18 USC 922 a-c

    The only family member exemption to the federal ban on interstate gun transfers is for transfers as a result of bequest and intestacy - since nobody died in your fact pattern, there is not much more that needs discussin'

  6. #6
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    NavyLT wrote:
    A private party may hand deliver the handgun to an Idaho FFL as well, without shipping.
    Can you walk me thru that one? The Idaho resident is going to travel to Utah and deliver the gun to the Utah FFL and that does not violate 18 USC 922 because . . . ?

  7. #7
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    now i guess i sound like a law breaker, but if he meets the guy on the border, in idaho, he sells it to him there, then this will exempt him from all of this trouble, and makes it a private transfer, and means he does not have to register it.

  8. #8
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    lol ah true i guess. but since he doesnt have to register a private transfer in idaho... it would be done and no one the wiser....

  9. #9
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    Thanks for the responses, I think I understand the process better now. It would be nice to not have to go through paperwork, I really don't like reporting my choices to the government; however, my main concern is I want to feel confident about being fully legal when I start open carrying the weapon in Idaho. I'd hate to have problems like getting the gun confiscated, or worse, charges brought against me.

    Maybe I'm just paranoid, the Idaho FFL's I contacted today didn't even think I needed to transfer since it was a private party purchase; I had to bring up the federal law mentioned here. Strange how jumbled up all this stuff gets.


  10. #10
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    i wouldnt worry about it, if you are that worried about the guns legality, then get the numbers ran on it.

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