Federal law re: interstate handgun sales

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While handgun purchases from a FFL are banned across state lines, what is federal law regarding private handgun sales across state lines? Legal ?

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northstar65 wrote:

While handgun purchases from a FFL are banned across state lines, what is federal law regarding private handgun sales across state lines? Legal ?

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Really? How do you buy a gun across state lines except through a FFL legally? The law does not yet address FTF sales - yet.

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Master Doug Huffman wrote:

northstar65 wrote:

While handgun purchases from a FFL are banned across state lines, what is federal law regarding private handgun sales across state lines? Legal ?

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Really? How do you buy a gun across state lines except through a FFL legally? The law does not yet address FTF sales - yet.

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Doug is trying really hard to politely suggest that you have your purchase restrictions reversed. All handgunsales crossinga state linemust be conducted through a FFL on the receiving end. Some states also require the services of a FFL on the sending end. A few misguided states require the services of a FFL for any handgun sale intra- or interstate.

There are a very few situations where a handgun can be transferred across state lines without the use of a FFL.

Your best bet is to look up the regs at http://www.atf.gov/regulations-rulings/and then contact your local BAFTE office to get assistance if you are still confused.

stay safe.

skidmark

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northstar65 wrote:

While handgun purchases from a FFL are banned across state lines, what is federal law regarding private handgun sales across state lines? Legal ?

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Interstate FTF sales of ANY firearm are illegal per 1968 gun control act.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

(a) It shall be unlawful—

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

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What does " FTF " stand for ?

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The only way you can sell one without a FFL doing it is if they are in a non permit state..not saying its the proper way to do it but..

For example in OHIO there is no permit needed and no registration, a person gets a quick check and then they get the gun. Since there is no registration the ATF has to delete their record of the gun within 24 hours. So 24 hours after the purchase there is no record of them having bought it anyhow. Just need a reciept to show the ATF if the gun is ever used in a crime, they just care where it went and who had it. The dealer keeps the records but the government keeps no record of the person even applying in states like that, so there is no government record even if it goes through the a FFL after 24 hours.

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in a perfect world,,, that might be true..
i cant be convinced that the gov. or the BATFE!!! would ever delete a record of anything!
here in washington state, if the cops run your plate while stopping you for speeding,
their in car computor will tell them if the owner has a CPL,,,
AND, what guns the guy ever bought thru a FFL!!!

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choover wrote:

The only way you can sell one without a FFL doing it is if they are in a non permit state..not saying its the proper way to do it but..

For example in OHIO there is no permit needed and no registration, a person gets a quick check and then they get the gun. Since there is no registration the ATF has to delete their record of the gun within 24 hours. So 24 hours after the purchase there is no record of them having bought it anyhow. Just need a reciept to show the ATF if the gun is ever used in a crime, they just care where it went and who had it. The dealer keeps the records but the government keeps no record of the person even applying in states like that, so there is no government record even if it goes through the a FFL after 24 hours.

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I'm not going to address the illegality of your scenario.

I'm going to ask one small question-

Just who are you going to in order to get the "quick check" you refer to? Is it the dealer? You know, the guy who holds a FFL?

stay safe.

skidmark

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Another issue is,for example, signs posted in a FFL warning about so called "straw" purchases. If the person say in Ohio purchases a handgun from a FFL is there a certain period of time under the law were that person has to own that gun before he can legally sell it privately ?

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What's this proper business?

It's not the federal government's business how many guns I own or of what type. If my state chooses to keep that information it's a different matter.

Thankfully, the right to conduct private sales has not been legislated against in Virginia. One of the benefits is that people like me (under the 21 year age requirement imposed on FFL dealers, but over the 18 year Virginia age requirement) can purchase and sell guns. One guy that sold me a gun even told me he was selling it because he didn't want any record of him having it, as he had bought it from a FFL. Apparently he was worried about the potential for guns becoming taxed possessions.