Legal Sale
I live in Ohio. Can I legally sell a handgun to a Pennsylvania resident without going through an FFL? This sale would be between two private parties.
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Technically speaking, no. It violates the un-Constitutional law, the Gun Control Act of 1968. You should transfer the handgun to a dealer in the buyer's state, and then the dealer transfers it to the buyer.
A long gun is another matter. No problem as long as possession of same is legal in both states.
SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net0 -
A-37, at risk of being forever unwelcome by moderator Nunn over on the General Interest Forum, I must disagree strongly with what he told you as to long gun sales. The purchase of a long gun by an out of state, unlicensed person is allowed only if that long gun is purchased from a licensee (FFL holder). Unlicensed parties MAY NOT purchase firearms from private sources in states other than their home state.
Just so people don't think I make this stuff up- and I NEVER DO! You can take a look at CFR 178.30: Out of state disposition of firearms by nonlicensees: " No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to beleive does not reside in...the state where the transferor resides". I think that pretty much covers it. There are a couple of unusual exceptions for firearms being inhertied, on loan or rented for tepmorary use for sporting purposes. In short, don't sell anyone a firearm who does not have an FFL or does not live in your home state. If the fellow has an FFL there is no problem- no license- FORGET IT!
Mark T. Christian
Edited by - mark christian on 12/01/2002 19:38:050 -
I'm an FFL in Pa. and Mark is correct. 0 -
quote:
Technically speaking, no. It violates the un-Constitutional law, the Gun Control Act of 1968. You should transfer the handgun to a dealer in the buyer's state, and then the dealer transfers it to the buyer.
I, too, must beg to differ... This is perfectly constitutional. The Feds have every right to regulate interstate commerce, the right of individual citizens to keep and bear arms notwithstanding. Remember, in the late 1700's, arms manufacture was a craft industry, found in every one of the 13 original states, and therefore, interstate trade was not required to acquire arms.0 -
I stand corrected on the long gun transfer.
SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net0 -
Thanks for the info, gentlemen. Sure is easier than trying to look up all those regulations. The law seems to imply that it is incumbent upon me to request some proof of a potential buyer's residence. Seems that "Don't ask...don't tell" doesn't apply when selling guns. 0
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