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Legal ??

Colt Super
I travel to an adjoining state with my little Beretta.

I meet someone who has a long gun, and we want to trade.

Is there any way for this to be a legal transaction??

I leave him my pistol, he gives me his long gun, we do it at a gun shop and completes the 4473s.

Doug
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Comments

11 comments

Date Votes
  • iwannausername
    Depends on the 2 states for FTF. I think the pistol would have to go thru FFL. Safe way is to have both items go thru FFL - either you xfer and walk w/ rifle, or you have him ship it to a FFL "back home" to do the transfer when you return.
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  • duckhunter
    Legal only with a ffl transfer. 4473's at the ffl dealer. Always done this way?? No
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  • nmyers
    It depends on the guns, it depends on the states, & it depends on the dealer.

    Neal
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  • beantownshootah
    quote:Originally posted by Doug Wilson
    I travel to an adjoining state with my little Beretta.

    I meet someone who has a long gun, and we want to trade.

    Is there any way for this to be a legal transaction??

    I leave him my pistol, he gives me his long gun, we do it at a gun shop and completes the 4473s.

    Doug

    I know a "person" who has brought a pistol to another state and transferred it to a state resident there via a 4473 transfer with no problem or hassle. Legal counsel obtained at the time said this was permissible and the FFL had no problem with it.

    Of course this will depend on the State (ie this would probably NOT fly in MA, for example), but I think if each of you are otherwise allowed to own the guns in question and you go through the 4473 process you're OK.

    I'd ask the dealer in question if this would be permissible first, though.
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  • dfletcher
    All depends on the state - the handgun is usually the most bothersome.

    But let's say you go to NV with your Beretta. Your NV resident pal likes it and you like his rifle. You go to a NV FFL, hand your Beretta to the NV FFL who logs it into his book. The NV FFL then sells the gun to the NV resident. That part can be pretty much done in any state, CA, MA, etc being exceptions based on "approved handguns" for sale in the state. But even in those states, if the handgun is approved for dealer sale you can do the deal via FFL.

    If NV & OR allow for contiguous state sale of long guns, the NV FFL accepts the long gun from the NV resident, then sells to you.

    If the roles were reversed - the NV resident wanted to sell his Beretta handgun to you (OR resident) while you're both in NV - that's a no. He'd have to ship it to an OR FFL.

    But as mentioned, asking the dealer & being up front with him is best.
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  • vdms55
    i'm not 100% certian but i don't recall any rules about where a person has to store {keep} his firearm. hypothetically, what if you just wanted to store your beretta at his house and he just wanted to store his long gun at your house. i can't see a problem with that. any ideas or comments welcome.
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  • nmyers
    Hypothetically, those folks who get creative with ways around federal firearms laws are more likely than just about anyone else to end up in federal prison.

    Neal
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  • 11b6r
    Hypothetically, Bubba just told you you better get his laundry done. Not a good idea.
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  • Herschel
    vdms55, The federal regulations concerning interstate sales, gifts, trades, etc. use the word "transfer" to describe what is prohibited. I am confident that delivering a firearm to a person in another state for "storage" would be considered a transfer.
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  • beantownshootah
    quote:Originally posted by vdms55
    i'm not 100% certian but i don't recall any rules about where a person has to store {keep} his firearm. hypothetically, what if you just wanted to store your beretta at his house and he just wanted to store his long gun at your house. i can't see a problem with that. any ideas or comments welcome.

    Welcome to prison.

    Actually some states DO have laws about how you can store guns. There are a zillion of them in MA, and I understand that CA has them too. But that's a seperate issue.

    If you "store" your gun at your friends house, then he is in constructive possession of that gun (ie he can control it). If he's not allowed to have it, he's very likely in violation the law even if you legally still own it.

    If you've left it in his house, where he controls it (ie possesses it), you've effectively just transferred it to him. When you come to pick it up, he's just transferred it back to you!

    If its a handgun and you've done it across State lines, that's specifically illegal (unless FFLs and/or form 4473s are involved).

    I'd say don't look for loopholes. Pay the flipping $40 transfer fee, do this "right" and sleep at night.
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  • sandwarrior
    Doug Wilson,

    The scenario you described is legal provided the FFL does both transfers.
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