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Thread: Question about privately selling a sidearm.

  1. #1
    Regular Member DrakeZ07's Avatar
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    Question about privately selling a sidearm.

    I have a question that came to mind, more of a curiousity, and advice seeking. I'm keep this within our states section, for a reason >.> Other state forums scare me D:

    I have a friend, age 19, resident of Illinois, more specifically, Chicago. She has been more interested in Firearms, and their laws, and owning one, since her last Visit here, where we met. I have a vague understanding that it's legal to sell a firearm to someone privately, without a background check, and calling the KSP and all that stuff. But what I wanted to know is, could I legally sell, or give her one of my pistols? I know for a fact her record is as clean as a whistle, she let me run a background check on her via an online background website. I know if you go to a firearms shop, or to Wal-marts, you have to be 21 to purchase a pistol, and I was wondering if that applies to private sales or Private gifting. Does she have to be 21 before I could give her a pistol as a Christmas present, or sell it to her cheaply? I don't know if she would be able to return home with it, but she did say if it was okay with me, She'd let me keep it at home for whenever she visited Kentucky. As she wants to get into Open Carrying.

    Another one relating to her; I know people from other states can OC here within reason. But what of a Chicago resident? I don't want her to face legal punishment when she went home, because someone up north caught word of her OC'ing a sidearm here, or having a sidearm gifted to her but kept within my home.

    Another curious question.

    I have a friend who lives in Mass; Back in March he visited, and moved here, staying for about three months. While here, he changed his license over, and because he was living with me, and was using my address for his mail, he got his license in one day, and registered to vote. He had to go back to Mass for family, but won't be able to come back to live here until Spring of next year. He's wanting me to purchase, and hold secure a couple of sidearms for him. And I was wondering if that's legal, since he still has his Kentucky License, and his Residence is still at my address, where I forward his mail to him.

    I want to make sure I'm not violating some unknown state, or federal law before I do anything, IF I do anything at all. I don't like being confronted by LEO's pertaining to anything as is, and really don't want a KSP, or ATF agent knocking at my door.

    Any in-sight would be helpful guys, I really appreciate it. I'll just go back to my lurking now >.>
    I'm a proud openly gay open carrier~
    Trained SKYWARN spotter, and veteran Storm Chaser.
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    Beware the Pink Camo clad gay redneck.

  2. #2
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    as far as i know, since guns don't need to be registered, its as simple as trading gun for money or what ever else you want to trade for. i bought my .38 from a friend was simple as that.

  3. #3
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    No offense, but you really need to research the laws for yourself, since it is your hide on the line if someone on the internet tells you something thats not true and you get caught.

    My understanding of the applicable laws is that you can do a FTF transaction only with residents of KY. A party selling to another is supposed to verify that they're a resident (such as asking to see their DL), and verbally ask them if there is anything preventing them from legally purchasing and owning the firearm. But any out of state sales have to go through an FFL in their home state.

    I don't see how anyone could get into trouble in another state for doing something totally legal in another.

  4. #4
    Founder's Club Member thebigsd's Avatar
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    I think you have gotten sound advice so far. If you are going to do a private sale my recommendation is that you use a bill of sale to cover yourself in case problems arise later on. Here is one written by one of the forum members (User) who is an attorney. It's not state specific, so tou can use it anywhere.

    http://virginialegaldefense.com/Stuf...ransferBOS.PDF
    "When seconds count between living or dying, the police are only minutes away."

  5. #5
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    Drake,

    Your friend who is 19 with no felonies or violent convictions that would normally prevent her from owning a firearm in the state of Kentucky, can legally OC in the state of Kentucky. I would suggest that both you and her spend some time studying laws, particularly ones pertaining to the possession of a handgun by those over the age of 18, and keep a copy of that statute on you while she is OC, in case of running into the classic "You must be 21" misinformed LEO. You of course want her experience with carrying to be a good one, and you should both be well-informed on the laws so that you may carry confidently and legally. Someone like Gutshot can give you better advice on where to find which laws than I can.

    In regards to her taking the firearm back to the state of Illinois, you will need to study Illinois laws and make sure you have every "I" dotted and every "T" crossed. Unfortunately, Illinois has the most restrictions on gun ownership of any state that I know of. Residents must obtain what is known as a FOID card to even purchase ammunition. When you cross the Ohio river from Kentucky into Illinois, a loaded firearm in the glove compartment goes from being perfectly legal to serious prison time. I am not a lawyer, and I am certainly not overly familiar with Illinois gun laws. I have a pretty good policy in place to prevent problems with that state and that is to avoid it like the freakin' plague.

    Also, other states' constitutions are not necessarily written anywhere near similar to Kentucky's. In addition to whatever state restrictions may be placed on firearms in Illinois, the city of Chicago may also place additional restrictions or additional sentencing for violations. Richard Daley was notorious for being an anti-2A and supporter of the Brady Bunch, and current mayor Rahm Emanuel is proving to be no different.

    As for your friend in Massachusetts, you cannot legally purchase a firearm with the intent of buying it for someone else who is not in your immediate family-- technically. I normally do not like to state things so matter of factly that I cannot cite the law on, but there was just a post regarding this a couple of months ago on here, possibly another state, and I'm sure you could find it if you search. Again, I am not a lawyer, but that was the way that I interpreted the particular law to read. He is currently not a legal resident of Kentucky, but someone who failed to obtain a Mass driver's license upon return home. Even though his license is not up to date, you would still be purchasing a firearm for a resident of Massachusetts, another state I particularly try to avoid when possible.

    I will say one more time that I am not a lawyer, but I just would steer clear of transactions of any sort in either of these cases. If you were talking about residents of Tennessee, Georgia, Alabama, or other states with similar laws on guns, it might not be such a big deal to research the laws and cover the bases. Illinois and Massachusetts however, might as well be a foreign country when it comes to the difference in gun laws between there and here.

    Just my .02, but I would ask advice from a legal source, not a public forum on this one.

    Carry Safely, Carry Proudly, And Carry ALWAYS (in Ky anyway)

  6. #6
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    It's illegal to sell/give/transfer a handgun to a person from another state without a 4473 being filled out by an FFL in the receiver's home state.

    It's illegal for your lady friend to own or even hold a firearm in Illinois unless she has a valid FOID issued by the Illinois State Police.

    As for your lady friend being in Kentucky and handling guns, she'll be fine as long as she abides by Kentucky laws.

    It's illegal to purchase a firearm for someone else unless it is going to be a gift.

  7. #7
    Regular Member DrakeZ07's Avatar
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    Thanks guys for the helpful info~ I was too confused by Fed laws to find the answer, but I'll take y'alls word for it. Regardless if it's advice given online, or offline, I seem to have faith and trust with my fellow statesmen on OCDO~ <3
    I'm a proud openly gay open carrier~
    Trained SKYWARN spotter, and veteran Storm Chaser.
    =^.^= ~<3~ =^.^=
    Beware the Pink Camo clad gay redneck.

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