Author Topic: Legal to do PtP sales across state lines?  (Read 617 times)

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Offline ousooners1baby

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Legal to do PtP sales across state lines?
« on: January 18, 2013, 06:47:35 PM »
Is it illegal to buy a gun from another person from another state?
Thanks, Jer

Offline Ranger99

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Re: Legal to do PtP sales across state lines?
« Reply #1 on: January 18, 2013, 06:50:33 PM »
i would think it would depend
on where you reside. . . . .
18 MINUTES.  . . . . . .

Offline ousooners1baby

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Re: Legal to do PtP sales across state lines?
« Reply #2 on: January 18, 2013, 07:00:39 PM »
So the states have different laws regarding transfers across states?  There is no Fed regs on this?
Thanks, Jer

Offline williamlayton

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Re: Legal to do PtP sales across state lines?
« Reply #3 on: January 18, 2013, 10:06:03 PM »
It happens all the time to no detriment----one bad OH CRAP--does not define liberty.
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Offline blind ear

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Re: Legal to do PtP sales across state lines?
« Reply #4 on: January 18, 2013, 10:22:25 PM »
Don't ask, don't tell. ear
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Offline Old Fart

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Re: Legal to do PtP sales across state lines?
« Reply #5 on: January 19, 2013, 02:59:39 AM »
I believe you have to go thru a FFl.
Don't have the law in front of me right now.
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Offline Brett

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Re: Legal to do PtP sales across state lines?
« Reply #6 on: January 19, 2013, 03:02:03 AM »
I believe you have to go thru a FFl.
Don't have the law in front of me right now.

Pretty sure this is the case.
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Re: Legal to do PtP sales across state lines?
« Reply #7 on: January 19, 2013, 05:15:18 AM »
If you want to know what is legal you need to either ask a lawyer in your state or ask BATFE and local LEO. None on this site are qualified to offer you legal advice.

I think, note use of THINK not know, that long guns can be sold in face to face transactions in adjacent states provided both states have laws saying so. Handguns I think have to go FFL to FFL on out of state sales.

Yes there are Federal, State and local laws that impact this.


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Offline ousooners1baby

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Re: Legal to do PtP sales across state lines?
« Reply #8 on: January 19, 2013, 07:13:38 AM »
Thanks to all!
Thanks, Jer

Offline Swampman

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Re: Legal to do PtP sales across state lines?
« Reply #9 on: January 19, 2013, 07:33:37 AM »
Doesn't matter which state you live in you have to go through an FFL to do the transfer.  It is a felony to do otherwise.
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Offline blind ear

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Re: Legal to do PtP sales across state lines?
« Reply #10 on: January 19, 2013, 07:41:28 AM »
If they start checking to that degree it will mean a door to door search for mass effectiveness, other than that it will only serve to apprehend small offenders, a targeted person or group. The case of a general sweep is the time that calls for the enactment of the Secound Ammendment. If you arn't breaking any other law or dealing with criminals there should be no reason for you to be suspect other than the wishes of the powers that be. They make you a criminal with the laws they enact. ear
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“It is no coincidence that the century of total war coincided with the century of central banking.” – Ron Paul, End the Fed
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An economic crash like the one of the 1920s is the only thing that will get the US off of the road to Socialism that we are on and give our children a chance at a future with freedom and possibility of economic success.
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Offline quickdtoo

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Re: Legal to do PtP sales across state lines?
« Reply #11 on: January 19, 2013, 07:50:23 AM »
ATF regs are available online.

Tim

http://www.atf.gov/firearms/faq/unlicensed-persons.html

Quote
Q: To whom may an unlicensed person transfer firearms under the GCA?
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]


Q: From whom may an unlicensed person acquire a firearm under the GCA?
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]

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]
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Offline williamlayton

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Re: Legal to do PtP sales across state lines?
« Reply #12 on: January 19, 2013, 11:17:56 PM »
Folks, it is always adviseable to use a FFL when you don't know the source of the weaponor the person from whom you are buying.
I bought one from a friend (an Uncle) without.
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Offline LONGTOM

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Re: Legal to do PtP sales across state lines?
« Reply #13 on: January 20, 2013, 08:39:18 AM »
Thank Tim.
I was just getting ready to dig out my copy of the BATF&E LAW BOOKS and look it up to post before reading your reply.
Saved me the time.
Anyone who owns and or buys and sells any type of firearm should obtain a copy of this.
It is free and you can do it on line.
Well worth the reading and could save you a bunch of grief latter!
 
 
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Offline quickdtoo

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Re: Legal to do PtP sales across state lines?
« Reply #14 on: January 20, 2013, 09:20:33 AM »
You're welcome, LT, I suspect your publication is obsolete as there have been many changes over the years if it's an old edition, as stated on their website, hard copy publications are no longer available for this reason, the latest regs are online. Here are downloadable ATF state law/ordinances and NFA Handbook publications.

Tim

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5.pdf

http://www.atf.gov/publications/firearms/nfa-handbook/
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Offline Mike in Virginia

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Re: Legal to do PtP sales across state lines?
« Reply #15 on: January 20, 2013, 11:02:52 AM »
It's actually legal to buy long guns from a dealer in another state, but not so with handguns.   To buy a handgun from an individual in another state only in the sense that you might get caught, i.e. you later sell the gun and ends up used in a crime and is traced to the person you bought it from.   Then, if he says he sold it to you, you might get charged with the out of state purchase. 
Many years I took two old shotguns to another state; sold them at a gun show to a privat person.  Yeaars later I learned I was in violation of federal law.  No wait.  I didn't actually do that.  I didn't.  No I did not. 

Offline CannonKrazy

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Re: Legal to do PtP sales across state lines?
« Reply #16 on: January 20, 2013, 04:54:08 PM »
Sometimes you do what you got to do. Don't ask. Don't tell and all should be just fine.

Offline LONGTOM

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Re: Legal to do PtP sales across state lines?
« Reply #17 on: January 20, 2013, 05:07:01 PM »
You're welcome, LT, I suspect your publication is obsolete as there have been many changes over the years if it's an old edition, as stated on their website, hard copy publications are no longer available for this reason, the latest regs are online. Here are downloadable ATF state law/ordinances and NFA Handbook publications.

Tim

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5.pdf

http://www.atf.gov/publications/firearms/nfa-handbook/

 
You are more then likely right quick.
I got mine about 2 years ago.
I will look the online one over and see if I see any differences.
 
 
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"THE TREE OF LIBERTY FROM TIME TO TIME MUST BE REFRESHED WITH THE BLOOD OF PATRIOTS AND TYRANTS".
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That my two young sons may never have to know the horrors of war. 

I will stand for your rights as my forefathers did before me!
My thanks to those who have, are and will stand for mine!
To those in the military, I salute you!

LONGTOM 9-25-07

Offline Ranch13

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Re: Legal to do PtP sales across state lines?
« Reply #18 on: January 20, 2013, 05:22:24 PM »
Is it illegal to buy a gun from another person from another state?
Private individual, NO.
FFL dealer, yes provided it's a long gun and not a handgun. Handgun must be shipped from the out of state FFL to your local FFL.
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