Selling a handgun to a non-licensee
What are the laws for a non-licensee to sell a handgun to another non-licensee?
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Depends on you State and City/County of residence. Some are very strict like NY and calli. All handgun transactions have to be through a FFL dealer.
Don't believe that the state of residence you have listed in your profile requires that?0 -
Your question is too broad., local, state and federal laws apply. It depends on where you live 0 -
This is the state of Louisiana. Thanks 0 -
quote:Originally posted by rufe-snow
Depends on you State and City/County of residence. Some are very strict like NY and calli. All handgun transactions have to be through a FFL dealer.
Don't believe that the state of residence you have listed in your profile requires that?
That is not exactly correct rufe. We can sell individual, to individual, but can not transfer to the purchaser, untill they have their NY permit ammended for that particular gun. That usually only takes up to a couple weeks, in most cases less than a week, and in quite a few where the issuing judges let the county clerk's use a rubber stamp, it can be less than an hour. They abide by the brady check...yes...I left off the capital B in brady, as the idiot does not deserve to be capitalized..., and all state laws. I am from Wayne county, in New York, and we are one of the few that still send every ammendment to the judge.
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alligator123,
I live in Louisiana. My understanding of Louisiana's gun sales situation is like this man's response, from another forum:
"If you are 18-20 you can purchase a long gun (rifle or shotgun, but no handguns) from a dealer so long as you pass the Instant Check and fill out form 4473. This only applies to commerical sales.
If you are 18+, then you can buy any non-Class 3 (supressed, short barelled, AOW, full-auto) long gun or handgun from a private seller. Period. There is no interaction with any police forces or any agent or agencies of the government, state or local.
It's real simple, if you want to buy a gun from another private individual, and you are 18+, all you have do is give them the money for it. It is then yours. You don't have to get permission from anyone, at any time to do this."
here is what the NRA's Web site says about La.'s gun laws:
http://www.nraila.org/gun-laws/state-laws/louisiana.aspx
"A synopsis of Louisiana state laws on purchase, possession and carrying of firearms.
PURCHASE
It is lawful for any person residing in this state to purchase or otherwise obtain a rifle or shotgun or ammunition in any state, contiguous or non-contiguous to this state and to receive or transport such rifle or shotgun or ammunition into this state, and to permit any person residing in a contiguous or non-contiguous state to purchase shotguns, rifles or ammunition in this state provided that the purchase of said rifle or shotgun complies with Louisiana law, the law of the other state Involved in the purchase and federal law
POSSESSION
No state permit is required to possess a rifle, shotgun, or a handgun. It is unlawful for anyone who has been convicted of certain crimes of violence to possess a firearm for a period of ten years from the date of completion of the sentence, probation, parole or suspension of sentence. It is unlawful for any person under seventeen to possess a handgun on his person, but this does not apply to any person under seventeen who is attending a hunter's safety or firearms safety course; engaging in practice in the use of a firearm or target shooting at an established range; hunting or trapping pursuant to a valid license; or traveling to or from one of the above activities; or has the written permission of parents or legal guardian.
CARRYING
The state of Louisiana recognizes open carry. No person shall carry a concealed firearm intentionally without a permit unless one is a peace officer in performance of his or her official duties. The Deputy Secretary of Public Safety Services of the Department of Public Safety and Corrections shall issue a concealed handgun permit to any citizen who qualifies for a permit. Any information in any application for a concealed handgun permit shall be held confidential and shall not be subject to any public records request. READ ALL
To qualify, a citizen shall:
demonstrate competency with a handgun by completion of certain approved courses, classes, and programs in firearms safety and training;agree to hold harmless and indemnify the department, the state or any peace officer for any liability arising from the issuance of the permit;be a resident of the state and have been a resident for six months or longer;be at least 21;not suffer from a mental or physical infirmity due to disease, illness or Raymondation which prevents the safe handling of a handgun,not have been committed for the abuse of a controlled substance, or been found guilty of, or entered a plea of guilty or nolo contendere relating to a controlled substance within 5 years;not chronically and habitually use alcoholic beverages to the extent that normal facilities are impaired;not have entered a plea of guilty or nolo contendere to or been found guilty of a misdemeanor crime of violence within 5 years of completion of sentence;not have been convicted of, entered a plea of guilty or nolo contendere to, or not be charged under indictment, or a bill of information for any crime of violence or any crime punishable by imprisonment for one year or more;not have a history of engaging in violent behavior;not be otherwise ineligible to possess a firearm under federal law. The Deputy Secretary of Public Safety Services shall, within two working days of the permit application, notify the Chief of Police of the municipality and the Chief Law Enforcement Officer of the parish in which the applicant is domiciled of such application. Those officers shall have 10 days to forward to the Deputy Secretary, information relating to the applicant's legal qualification to receive a permit. The Deputy Secretary, in a timely manner, shall issue the permit to all qualified applicants. The permit shall be valid in all parishes statewide.
All applicants shall submit with the application a non-refundable $100 fee in the form of a certified check or money order for a four-year concealed handgun permit or a $50 fee for the two-year concealed handgun permit. Applicants that are age 65 or older pay one half of this amount. Any applicant that has not continuously resided within the state of Louisiana for the 15 years immediately preceding the date on which their application is received must enclose an additional non-refundable $50 fee. A permittee wishing to renew his concealed handgun permit shall file a renewal application no more than 120 days prior to the expiration of the permit and no later than the 60th day after expiration.
A permittee may not carry a concealed handgun into:
a law enforcement building, detention facility, prison or jail,a courthouse or courtroom, meeting place of the governing authority of a political subdivision, the state capitol building, or a polling place,any portion of an airport facility where the carrying of firearms is prohibited under federal law,any church or similar place of worship,a parade or demonstration for which a permit is issued,any portion of a permitted area where alcoholic beverages are sold for on-premises consumption,any school "firearm-free-zone", or in any facility, building, location, zone or area in which firearms are banned by state or federal law. A property owner may prohibit access to his property by persons possessing concealed handguns. A permittee may not carry a concealed handgun into a private residence of another without first receiving the consent of that person.
A permittee shall retain and carry his permit on his person when actually carrying and concealing a handgun. A permittee armed with a handgun shall notify any police officer who approaches the permittee in an official manner or purpose, that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. Whenever a law enforcement officer has reasonable grounds to believe an armed permittee is under the influence of alcohol or a controlled dangerous substance, the officer may take temporary possession of the handgun and request submission to a chemical test. Whenever an officer is made aware that an individual is behaving in a criminally negligent manner, or is negligent in carrying a handgun, the officer may seize the handgun until adjudication by a judge. Failure to comply with these provisions shall result in a six-month automatic suspension of the permit.
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ANTIQUES AND REPLICAS
Louisiana statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession, sale, and carrying purposes.
TRANSPORTATION AND STORAGE OF FIREARMS IN PRIVATELY OWNED MOTOR VEHICLES
Lawfully possessed firearms may be transported or stored in a locked, privately owned motor vehicle in any parking lot, parking garage, or other designated parking area. Employers or business entities may adopt policies specifying that locked firearms on property under their control be hidden from plain view or within a locked case or container within the vehicle. This does not apply to property where the possession of firearm is prohibited under state or federal law, or in vehicles owned or leased by a public or private employer used by an employee in the course of his employment, or on property where access to the parking area is restricted or limited to the general public by a fence, gate, signage or other means if the employer or business entity provides facilities for the temporary storage of unloaded firearms or an alternative parking area reasonably close to the main parking area in which employees and other persons may store firearms within their vehicles.
PREEMPTION
No political subdivision of the state may regulate in any manner, firearms or ammunition, unless otherwise allowed for in state law. READ ALL
LA. REV. STAT. ANN. ? 1796 Preemption of state law No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; provided, however, that this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.
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RANGE PROTECTION
A shooting range shall not be subject to a civil or criminal prosecution based on claims of noise or noise pollution if the range was in operation prior to enactment of such regulations. READ ALL
LA. REV. STAT. ANN. ? 2055.1. Sport shooting range; regulation; noise pollution; nuisanceA. (1) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range was established, constructed, or operated prior to the implementation of any noise control laws, ordinances, rules, or regulations, or if the range is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the range and its operation at the time of estab-lishment, construction, or initial operation of the range.(2) Rules or regulations adopted by a state or local department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this Section.(3) A municipal noise control ordinance may not require or be applied so as to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis at the range prior to the enactment date of the ordinance.B. (1) Except as provided in this Section, a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person's property if the shooting range was established, constructed, or operated as of the date the person acquired the property. If there is a substantial change in use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three years of the date of a substantial change in use.(2) A person who owns property in the vicinity of a shooting range that was established, constructed, or operated after the person acquired the property may maintain a nuisance action for noise against that shooting range only if the action is brought within five years after establishment of the range or three years after a substantial change in use of the range.(3) If there has been no shooting activity at a range for a period of two years, resumption of shooting is considered establishment of a new shooting range for purposes of this Section.C. (1) Except as otherwise provided in this Section, this Section does not prohibit a unit of local government from regulating the location and construction of a sport shooting range after the effective date of this Section.(2) Nothing in this Section limits the ability of a local unit of government to regulate noise produced as a result of a substantial change in the use of the range.D. The provisions of R.S. 30:2053(6), (7), (8), and (9) and 2055.1 contained herein shall not alter or otherwise affect lawsuits filed prior to August 15, 1997.HIDE
MISCELLANEOUS
No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, use, or registration of firearms, ammunition, or components of firearms or ammunition. Local ordinances enacted before 1985 still apply. READ ALL"0 -
its legal in Louisiana to do person to person sales, The only exception is if you personally know the buyer is a Felon or has any other legal reason they can not own a firearm.. 0 -
Also both parties must be residents of the state where the sale is taking place.
EDIT: TC- it applies everywhere in the US. You may only acquire a HANDGUN in the state of your residence. Exception for certain FFL holders and inheritance. This is 18 US Code 922.
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
Further down there is an exception for LONG GUNS obtained face to face from dealer in another state, but no exception for handguns. Face to face, back to back, dealer or private person. The Feds just put a non-dealer in jail down in Texas for selling a handgun to a non-resident.0 -
11b6r, I don't think this applies to either LA or MS. Tom 0 -
quote:Originally posted by tccox
11b6r, I don't think this applies to either LA or MS. Tom
It applies EVERYWHERE for handguns.
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EDIT 1
Herschel,
I think your advice stinks, unless one likes jail/prison food. You have only read part of the law. The pistol would have to cross state lines, making it a federal deal then.
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TSR, i am talking about a FTF, non licenese to non licenese. It just ain't so. Tom 0 -
The federal statute says the unlicensed buyer and unlicensed seller must be residents of the same state. It doesn't say the transaction has to occur in the state where they live. I am not a lawyer so this advice is worth only what is costing you but as I read it, a resident of Texarkana, AR and resident of Magnolia, AR could meet at a gun show at Shreveport, LA and one could sell a gun to the other legally. Assuming the buyer was not legally disqualified from owning the gun.
116br, Obviously you disagree with me on this. Where in the statute does it say the transaction must occur in the state where both buyer and seller live?0
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