TylerJ87
Regular Member
My dad would like to sell some of his long guns but we are unsure how to do so legally.
I would appreciate any input you have regarding this issue.
I would appreciate any input you have regarding this issue.
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Question about the laws regarding sale of long guns
- Thread starter TylerJ87
- Start date
DrTodd
Michigan Moderator
No registration or anything like that in Michigan for long guns. As long as you do not devote time and interest to selling firearms as predominant form of "income", you do not need a license. You would be smart to ask for a copy of their driver's license so that you know that they are 18+ and a resident of Michigan. I would also consider having something typed up that the person signs attesting to the fact that they are not prohibited from purchasing a firearm under Federal Law or Michigan Law.
You can put an ad in the local paper or go to michiganopencarry and look for the firearms for sale section. Many other websites also have sales areas, MCGRO, Michigan Gun Owners, gunsamerica.com; gunbroker.com. Just limit sales to those in Michigan and then you don't have to go through a Federal Firearm Licensee. If you sell to an out of state person on gunsamerica.com or gunbroker.com, there are directions there as to how to do that as then the buyer must go through an FFL.
Good luck!
If I have forgotten or misstated anything, I am sure someone here will chime in...
You can put an ad in the local paper or go to michiganopencarry and look for the firearms for sale section. Many other websites also have sales areas, MCGRO, Michigan Gun Owners, gunsamerica.com; gunbroker.com. Just limit sales to those in Michigan and then you don't have to go through a Federal Firearm Licensee. If you sell to an out of state person on gunsamerica.com or gunbroker.com, there are directions there as to how to do that as then the buyer must go through an FFL.
Good luck!
If I have forgotten or misstated anything, I am sure someone here will chime in...
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Glock9mmOldStyle
Campaign Veteran
Dr Todd is spot on. If you follow his post you should be fine. I would try MGO 1st if your long guns are in good shape & priced fair you should be able to find a buyer for them. Just remember to "bump" your post from time to time so it doesn't get lost 20 pages down in the pile. Look around first before you post to see what similar guns are going for. The link
http://www.migunowners.org/forum/forumdisplay.php?f=142
Good luck.
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Glock9mmOldStyle
Campaign Veteran
Generic receipts for Seller/Buyer
These have worked for me feel free to use if you don't have a receipt book etc...
These have worked for me feel free to use if you don't have a receipt book etc...
sprinklerguy28
Regular Member
There is no requirement that they be a Michigan resident. They only need to be a resident of a contiguous state, the same as a Michigan resident purchasing.
3.111 Rifles and shotguns; purchases by residents.
Sec. 1. Residents of this state may purchase rifles and shotguns in any state contiguous thereto if they conform to the federal
gun control act of 1968 and the regulations issued thereunder, as administered by the secretary of the treasury and the laws of
the state where the purchase is made.
History: 1969, Act 207, Imd. Eff. Aug. 6, 1969.
3.112 Rifles and shotguns; purchases by nonresidents.
Sec. 2. Residents of a contiguous state may purchase rifles and shotguns in this state if they conform to the federal gun control
act of 1968 and the regulations issued thereunder as administered by the secretary of the treasury and the laws of the state
wherein the purchaser resides.
History: 1969, Act 207, Imd. Eff. Aug. 6, 1969.
750.223 Selling firearms and ammunition; violations; penalties; “licensed dealer” defined.
Sec. 223. (1) A person who knowingly sells a pistol without complying with section 2 of Act No. 372 of the Public Acts of
1927, as amended, being section 28.422 of the Michigan Compiled Laws, is guilty of a misdemeanor, punishable by imprisonment
for not more than 90 days, or a fine of not more than $100.00, or both.
(2) A person who knowingly sells a firearm more than 30 inches in length to a person under 18 years of age is guilty of a
misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $500.00, or both. A second or
subsequent violation of this subsection is a felony punishable by imprisonment for not more than 4 years, or a fine of not more
than $2,000.00, or both. It is an affirmative defense to a prosecution under this subsection that the person who sold the firearm
asked to see and was shown a driver’s license or identification card issued by a state that identified the purchaser as being 18
years of age or older.
(3) A seller shall not sell a firearm or ammunition to a person if the seller knows that either of the following circumstances
exists:
(a) The person is under indictment for a felony. As used in this subdivision, “felony” means a violation of a law of this state,
or of another state, or of the United States that is punishable by imprisonment for 4 years or more.
(b) The person is prohibited under section 224f from possessing, using, transporting, selling, purchasing, carrying, shipping,
receiving, or distributing a firearm.
(4) A person who violates subsection (3) is guilty of a felony, punishable by imprisonment for not more than 10 years, or by
a fine of not more than $5,000.00, or both.
(5) As used in this section, “licensed dealer” means a person licensed under section 923 of chapter 44 of title 18 of the
United States Code who regularly buys and sells firearms as a commercial activity with the principal objective of livelihood
and profit.
History: 1931, Act 328, Eff. Sept. 18, 1931;—CL 1948, 750.223;—Am. 1969, Act 210, Eff. Mar. 20, 1970;—Am. 1990, Act 321, Eff. Mar. 28, 1991;—Am.
1992, Act 217, Imd. Eff. Oct. 13, 1992;—Am. 1992, Act 221, Eff. Mar. 31, 1993
autosurgeon
Regular Member
Yep! So Ohio, Indiana, and Wisconsin require no FFL for long Gun sales.
NHCGRPR45
Regular Member
:lol:my question is whats for sale!?
autosurgeon
Regular Member
Yeah good question!
lil_freak_66
Regular Member
Wouldnt Minnesota be included too? We do not have a land border with them but we do have a water border with that state on Lake superior....
That would not be appropriate content for OCDO and as such is strictly not permitted.
http://forum.opencarry.org/forums/misc.php?do=showrules
autosurgeon
Regular Member
As such I recommend PMing those that showed interest.
Venator
Anti-Saldana Freedom Fighter
We share a land boundary, it's just underwater.
autosurgeon
Regular Member
We share a land boundary, it's just underwater.
Yep I forgot about MN... but yes it would be included as well.
DrTodd
Michigan Moderator
I did know that you could sell to a person in a contiguous state BUT I would only do that if I knew the laws of the other state too. Some states, not sure about those listed, even hold the seller liable if if the seller is out of state (thinking Illinois... which would not be applicable in this situation)
If a person wants, I believe they can sell to anyone in another state, too, as long as the firearm is shipped to an FFL in that person's state who would then handle it from there.
But, my thought is why not make it "easy" and just deal with a Michigan resident... but heh, that is just me:lol:
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zoom6zoom
Regular Member
Sorry, FEDERAL law says all purchases across state lines must go through an FFL. The Feds got rid of the "contiguous" bit long ago, you may purchase a long gun in most any state but it must be from an FFL if you are not a resident.
eastmeyers
Regular Member
Site?
Taurus850CIA
Regular Member
If Minnesota counts, so would Illinois.
eastmeyers
Regular Member
That was my thought... Maybe they were implying because Illinois is so anti it has a law against it...?
zoom6zoom
Regular Member
Cite:
http://law.justia.com/us/cfr/title27/27-2.0.1.2.3.3.1.10.html
27 C.F.R. § 478.29 Out-of-State acquisition of firearms by nonlicensees.
Title 27: Alcohol, Tobacco and Firearms
PART 478—COMMERCE IN FIREARMS AND AMMUNITION
Subpart C—Administrative and Miscellaneous Provisions
§ 478.29 Out-of-State acquisition of firearms by nonlicensees.
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: Provided, That the provisions of this section:
(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 rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of §478.96(c) and
(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§478.30 and 478.97.
[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]
Also:
[18 U.S.C. 921(a)(32), 922(g)(8) and 925(a)(1)]
(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
DrTodd
Michigan Moderator
From Cabela's Website:
Residents of IL can purchase long guns in Iowa, Missouri, Indiana, Wisconsin or Kentucky provided they posses a valid IL FOID Firearms Owners Identification Card) and observe the 24 hour waiting period as is mandated by IL law.
Residents of IA, MO, IN, WI and KY can purchase long guns in the state of IL provided they posses valid non-resident IL hunting license.
See: (IL. Comp. Stat. 430.65/3a)
Note: the 24 hour waiting period is a true 24 hour clock (Transaction started at 3pm on Monday - customer can pick up their firearm beginning at 3pm on Tuesday)