Out of state sale or trade
- Thread starter dantheman
- Start date
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Read this thread, I think it has your answer.
http://www.bayoushooter.com/forums/showthread.php?t=10406
http://www.bayoushooter.com/forums/showthread.php?t=10406
An individual (non FFL holder) can not buy or sell any firearm from or to a resident of a different state. The thread that was referenced did NOT correctly explain the law. I have not seen any written opinions on this subject, but the law is quite clear.
This is widely misunderstood, but it is a felony for the buyer and the seller.
This is widely misunderstood, but it is a felony for the buyer and the seller.
Could someone provide a link to the actual law that applies in this case? I would like to read it for myself and put this to bed once and for all. Honestlou is correct in saying this is widely misunderstood among many.
This is a link to the NRA's Citizen's Guide to Federal Firearms Laws:
http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60
This is pertinent information from the summary:
Sales Between Individuals
An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.[/I]
I will post the actual law when I find it.
http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60
This is pertinent information from the summary:
Sales Between Individuals
An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.[/I]
I will post the actual law when I find it.
This is from Title 18, U.S. Code, section 922:
(a) It shall be unlawful:....
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(emphasis mine)
(a) It shall be unlawful:....
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(emphasis mine)
