Author Topic: Need help with a gun sale  (Read 704 times)

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Offline sw386pd

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Need help with a gun sale
« on: October 27, 2009, 11:33:25 AM »
I live in New York and a person in Pennsilvania about an hour from me wants to meet me in New York to do a Face to Face sale,im the seller.im just wondering if this is legal or not...Thanks for your help guys.

Offline Questor

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Re: Need help with a gun sale
« Reply #1 on: October 27, 2009, 11:40:47 AM »
You might get some helpful advice here, but call your sheriffs office about this. In those states you may be required to fill out a form that says you sold it. And for your own protection, you may want to insist on a photocopy of the guy's driver license.
Safety first

Offline Graybeard

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Re: Need help with a gun sale
« Reply #2 on: October 27, 2009, 11:41:03 AM »
Considering the laws in both states I think it HIGHLY UNLIKELY to be legal and am about 100% sure it violates federal law. My advice is don't do it.


Bill aka the Graybeard
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I am not a lawyer and do not give legal advice.

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Offline gypsyman

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Re: Need help with a gun sale
« Reply #3 on: October 27, 2009, 11:42:10 AM »
Not if it'sa handgun!! And not to sure about New York laws asfar as rifle's or shotguns. If it was me, just to be on the safe side, go thru an FFL.  gypsyman
We keep trying peace, it usually doesn't work!!Remember(12/7/41)(9/11/01) gypsyman

Offline Bigeasy

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Re: Need help with a gun sale
« Reply #4 on: October 27, 2009, 11:43:49 AM »
Do your self a favor, and meet him at a gun shop, and do the transaction there.  Most FFL shops charge you about $20 to do the paperwork.  That way the sales goes on his books, all laws are followed, beck ground check completed, etc.  A lot of gun shops will call the police, and do a serial number check on the gun to make sure its not stolen, if you ask.

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Offline kitchawan kid

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Re: Need help with a gun sale
« Reply #5 on: October 27, 2009, 12:10:49 PM »
I am in N.Y. and longguns are not a problem,handguns are the problem,FFL only,and FFL's charge up tp $50.00 around here.
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Offline 45-70.gov

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Re: Need help with a gun sale
« Reply #6 on: October 27, 2009, 01:56:38 PM »
i  hope you are  making  a lot of money  to take such  a chance

and  if  your making that much  money..........its a set  up

he  may be an  under cover  cop
when drugs are outlawed only out laws will have drugs
DO WHAT EVER IT TAKES TO STOP A DEMOCRAT
OBAMACARE....the biggest tax hike in the  history of mankind
free choice and equality  can't co-exist
AFTER THE LIBYAN COVER-UP... remind any  democrat voters ''they sat and  watched them die''...they  told help to ''stand down''

many statements made here are fiction and are for entertainment purposes only and are in no way to be construed as a description of actual events.
no one is encouraged to do anything dangerous or break any laws.

Offline sw386pd

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Re: Need help with a gun sale
« Reply #7 on: October 27, 2009, 02:03:13 PM »
Taking what chance,Im not taking any chances,if its illegal i wont do it period.Simple as that..
I will stop at the local state trooper barracks tommorrow morning on my way to work and find out..

Offline 45-70.gov

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Re: Need help with a gun sale
« Reply #8 on: October 27, 2009, 02:14:16 PM »
Taking what chance,Im not taking any chances,if its illegal i wont do it period.Simple as that..
I will stop at the local state trooper barracks tommorrow morning on my way to work and find out..

let  us   know how  it goes
ask  them to print the statued  out  if they can

i  like a signed vopy of his driver lisence with the serial number to the gun
if  it ever shows up at a crime  you have prove  its no longer yours
i have been involved with   2 atf  tracings
when drugs are outlawed only out laws will have drugs
DO WHAT EVER IT TAKES TO STOP A DEMOCRAT
OBAMACARE....the biggest tax hike in the  history of mankind
free choice and equality  can't co-exist
AFTER THE LIBYAN COVER-UP... remind any  democrat voters ''they sat and  watched them die''...they  told help to ''stand down''

many statements made here are fiction and are for entertainment purposes only and are in no way to be construed as a description of actual events.
no one is encouraged to do anything dangerous or break any laws.

Offline Graybeard

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Re: Need help with a gun sale
« Reply #9 on: October 27, 2009, 05:14:29 PM »
The state trooper office is NOT the place to find out info on gun sales. Contact BATFE and ask. I think you'll find that making a sell directly to a person not in your own state violates GCA 68.


Bill aka the Graybeard
President, Graybeard Outdoor Enterprises
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I am not a lawyer and do not give legal advice.

Jesus is the way, the truth, and the life anyone who believes in Him will have everlasting life!

Offline hunt-m-up

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Re: Need help with a gun sale
« Reply #10 on: October 27, 2009, 05:21:46 PM »
The state trooper office is NOT the place to find out info on gun sales. Contact BATFE and ask. I think you'll find that making a sell directly to a person not in your own state violates GCA 68.
I thought this had been discussed already on here, FTF between 2 residents of same state is ok, residents of 2 separate states requires an FFL in the process
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Offline slim rem 7

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Re: Need help with a gun sale
« Reply #11 on: October 27, 2009, 05:32:09 PM »
 well first of all it all depends for me on whether its long gun or handgun..
 also don t meet at a rest stop or nothing or you could get robbed.
  but as to making a deal.. dn here 90% of gun owners probably got guns left toum by thier
 daddy or something..i gottem that don t have any paper work on them an never did have..
 personally im not gonna put none onum either..now ive had guns stolen ,,so i know how that makes you feel.. im just anti regulation to the point ,,i ll take the chance an keep my s.n. myself..but thats just me. slim

Offline mirage1988

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Re: Need help with a gun sale
« Reply #12 on: October 27, 2009, 05:36:17 PM »
This question is so smelly, I can't believe anyone is answering!
Translation:I live in new york and I had to jump through a bunch of hoops to buy a gun, do I have to jump through the same hoops to sell it?
He would know the answer if he is a legit gun owner, smells like a rat to me!

Offline Mikey

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Re: Need help with a gun sale
« Reply #13 on: October 28, 2009, 12:47:53 AM »
sw386pd:  Nope, not legal.  Have a ffl complete the transfer.  Check first with your ffl to see if he can accept a firearm from a PA resident without that resident turning it over to a PA ffl first for transfer to your ffl.

Don't bother the NYSP - they will not know, and do not care.  Period.  Your local Sheriff is the same - forget it. 

Deal strictly with the ffl.  If he cannot accept a face to face sale/purchase with a out of state resident he will tell you and instruct you on how to have the seller/buyer compelte the deal with his ffl first. 

Offline bcp

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Re: Need help with a gun sale
« Reply #14 on: October 28, 2009, 07:47:54 AM »
No person to person transfer allowed between residents of different states.  Must use FFL.

From:
http://www.atf.gov/firearms/faq/faq2.htm#b1

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]