imported post
wylde007 wrote:
ODA 226 wrote:
Is it legal to sell a handgun to an out-of-state person if that person has no felony or domestic abuse convictions, is a US citizen and nothing precludes that person owning the handgun in his state of residence?
Not directly. You must go through an FFL.
So, yes. You may sell it to them, but it must be "lawfully" transferred.
This is a distinction that is often glossed over in this forum, and deserves more explanation.
Generally, unless you have certain knowledge that a buyer is a prohibited person, you may sell a handgun to them without fear of legal consequences. However, and this is a big however, you cannot just deliver the gun to an out-of-state buyer after the sale.
There is a distinction in Federal law between selling/ownership, and possession. You can freely sell a handgun to someone who resides in another state, e.g. through GunBroker, e-mail, whatever. No third-party need be involved with this sale. However you cannot legally transfer it to them except through an FFL (Federal Firearms Licensee) in
their state. In most cases, the delivering FFL is required to perform a background check on the transferee. Additionally, some states have additional restrictions on how transfers can happen, e.g. CA requires the recipient to hold a "Handgun Safety Certificate" before they can receive a handgun. A growing number of FFLs will not proxy a transfer for an individual seller, they require the seller to use an FFL in their own state to initiate a transfer, e.g. seller in Texas -> FFL in Texas -> FFL in VA -> buyer in VA.
This is mostly in the GCA,
http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968 IMHO restoration of free trade in firearms should be a primary goal of 2A organizations.
edited: for clarity