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I'd like to propose this problem:

 

A few months ago, my friend Allen (name changed for his protection) bought a guy from an individual in Virginia, in a private sale under the impression that the seller is a citizen of Virginia, contrary to the seller's area code. He called the Baltimore ATF office to see what is required of this sale assuming the seller had MD citizenship, and they inform him as neither Maryland or Virginia require registration, all he really needs is a bill of sale for piece of mind. Allen believed the seller who stated he was a VA citizen. Later on, he called Virginia's ATF office, who informed him as the seller originally obtained the gun in MD, an interstate transfer would have been required via FFL regardless of where the gun was sold or the seller had moved. They offered Allen the advice to register the firearm with a FFL ASAP to be in compliance with the law. This seems fair.

 

The issue here is, an FFL is going to be expecting the firearm to be shipped. If Allen walks in with a firearm, perhaps the dealer will be suspicious, or even ask why Allen is planning on showing up without the gun arriving in the post. I'm wondering what could be done in a situation such as this. I've wanted to tell him to just hold onto the gun, and since MD requires no registration the chances of getting in trouble are low. He wanted to explain this to a FFL transfer agent on the phone seeing if they would be willing to do the transfer, and hoping they won't report him.

 

I am not an expert in gun law, but he must be one of the most law-abiding individuals I know and I am not looking to steer him wrong. What can be done in this situation? He's told me in his inquiry to ATF, they've essentially turned a blind eye to his issue, to allow him time to transfer the gun the right way.

Edited by izzay
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A good FFL schooled in the law of the state they reside in should know what to do in this scenario, transporting it by yourself over a state line can be a real problem,.... from what I have heard, I am no expert, You explanation seems long and hard to follow, so he is buying a gun from a questionable location or questionable location of registration?

 

 

If a guy at a gun show drove there from another state and wants to sell FTF, is that illegal??

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Can one sell one's own firearm FTF in a different state than one resides?

 

No. According to the ATF regulations handbook, this is specifically prohibited. Nonlicensees may not purchase guns from other nonlicensees residing in a different state, unless going through an FFL.

 

I recently learned this, and many people aren't aware of it. Technically, this applies to gun shows too, although I assume it is virtually un-enforceable.

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. . . but folks cross state lines all the time to deliver their sales items to FFL holders (think Kansas City, Mo to Kansas City, Ks). It is quite normal, and if you are close enough, saves a lot of heartache in shipping.

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From my understanding, he purchased the guy from a seller with Maryland 'citizenship' but in Virginia. The seller represented himself as a Virginia resident (or didn't state his 'citizenship' at all, so he didn't exactly lie about it). My friend found about the seller's Maryland ties a few days later. So ultimately, my conclusion is he (VA resident) purchased a gun from a MD resident in VA. The law would lead me to believe interstate sales are illegal, but it seems to be a grey area--are 'private' sales dictated by the state of transaction for the buyer or seller? I'd rather give him some good advice than my own, which I feel might land him in trouble. Assuming he is in the wrong, what should he do at this point?

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Can one sell one's own firearm FTF in a different state than one resides?

 

No. According to the ATF regulations handbook, this is specifically prohibited. Nonlicensees may not purchase guns from other nonlicensees residing in a different state, unless going through an FFL.

 

I recently learned this, and many people aren't aware of it. Technically, this applies to gun shows too, although I assume it is virtually un-enforceable.

 

What separates a private courier from a licensed, insured courier? IE. Who's to say that a person cannot transport a firearm purchased in another state to an FFL in their own state (non-NFA) and have it legally transferred? I've never seen the legal limitations on such an action, does anyone have a copy of such a law restricting that sort of interstate trade? Just wondering...

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Can one sell one's own firearm FTF in a different state than one resides?

 

No. According to the ATF regulations handbook, this is specifically prohibited. Nonlicensees may not purchase guns from other nonlicensees residing in a different state, unless going through an FFL.

 

I recently learned this, and many people aren't aware of it. Technically, this applies to gun shows too, although I assume it is virtually un-enforceable.

 

What separates a private courier from a licensed, insured courier? IE. Who's to say that a person cannot transport a firearm purchased in another state to an FFL in their own state (non-NFA) and have it legally transferred? I've never seen the legal limitations on such an action, does anyone have a copy of such a law restricting that sort of interstate trade? Just wondering...

 

If you purchase a gun in a state that you don't live in, it needs to be through an FFL to be legal. That said, if you buy a gun in one state from an FFL, and bring it back to your state, you don't need to re-register it for your state (As far as I know. Individual state laws may differ.) The ATF has a fatty book on state-by-state firearm regulations, and I'm not altruistic enough to dig through it for you. Gun show FTF cash-and-carry transactions are a whole different ballgame.

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  • 13 years later...

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a state other than the state in which the seller's licensed premises is located.Tennessee authorizes the holders of facially valid handgun permit, firearms permit, weapons permit, or a license issued by another state according to its terms to carry a handgun only in the state of Tennessee.An interstate resident who is authorised to possess and use firearms in their state of residence can apply to store firearms registered to their interstate firearms licence in NSW on a permanent basis.In order to bring into California any guns bought or obtained out of state, California residents must have the weapons directly shipped to a licensed gun dealer.Per federal law 18 USC § 926A, every U.S. citizen may legally transport firearms across state lines as long as he or she is legally allowed to possess the weapons in both the state of origin as well as the destination.Right now, Pennsylvanians who are prohibited from buying a gun can still purchase ammunition. New York, California, city courier service tracking, Illinois, Massachusetts and New Jersey all have some type of regulating law requiring a background check to purchase ammunition.Residents of Ohio can purchase long guns in the states of Michigan, Indiana, Kentucky, West Virginia and Pennsylvania.

Edited by colleencamacho59
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