Trading guns over state lines
A friend of mine wants to trade an atv motor for a gun. He lives in Ohio and I live in Indiana. How can this be done legally. Right now I'm guessing I have to go to a ffl in Indiana and have it shipped to a ffl in Ohio. If this is how it's done, is there an easier way? Can it be done person to person?
Thanks
Traci
Thanks
Traci
0
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I would do it person-to-person. But then, I don't give much of a bababooey about obeying regulations that violate my Constitutional Rights.
Doug0 -
quote:Originally posted by Doug Wilson
I would do it person-to-person. But then, I don't give much of a bababooey about obeying regulations that violate my Constitutional Rights.
Doug
I hate them to, but I'm trying to be a good girl.
If he was in Indiana it wouldn't be a problem, but I just don't know about Indiana to Ohio.
BTW how have you been honey?0 -
As neither Ohio nor Indiana require an FFL for a person-to-person transfer and since you're not shipping it to the person you are trading with, I would assume that a person-to-person transfer would be legal even though you guys don't live in the same state. 0 -
You would think that EMM, but someone once told me that if I wanted to buy a gun in another state I would have to have it shipped to a Indiana ffl. The state was Ky and they have almost the same laws as Indiana. 0 -
CGR,
If you are going to buy the gun from an FFL or have it shipped, then yes, you would require an FFL to handle the transfer. However, if you are in the presence of a private individual who lives in a state that does not require an FFL for person-to-person transfers, I don't see why or even how an FFL would be required if your state does not require such measures as well.
Of course, I'm not a lawyer, so take anything I say with a grain of salt.[;)]0 -
quote:Originally posted by ElMuertoMonkey
CGR,
If you are going to buy the gun from an FFL or have it shipped, then yes, you would require an FFL to handle the transfer. However, if you are in the presence of a private individual who lives in a state that does not require an FFL for person-to-person transfers, I don't see why or even how an FFL would be required if your state does not require such measures as well.
Of course, I'm not a lawyer, so take anything I say with a grain of salt.[;)]
They Ky purchase would have been from a person, but what you are saying makes sense. I'm going by what the guy told me that day and he could have very possibly been wrong.0 -
If it were me I'd have the other party ship to my FFL in my state. I'd also make sure my FFL would accept shipment from a private party (perfectly legal if I understand it all).
It sounds a lot like you wouldn't hit a problem if you did a FTF deal, but then I've become a lot more careful about covering my legal azz, lately.0 -
I am not sure about your state but here it is ok for a FTF with long guns but a handgun would need to go FFL. 0 -
You can take the gun with you when you go pick the motor up and hand carry it to an FFL to do a transfer as the FFL can recieve it directly from you with no problems at all.
This way you know you are within all fedral guidelines.0 -
"BTW how have you been honey?"
How flattering, if you were addressing me !!
I've been pretty good. Been by myself for around 9 of the last 15 days...lonesome.
I'm glad you are back posting.
Doug0 -
quote:Originally posted by Doug Wilson
"BTW how have you been honey?"
How flattering, if you were addressing me !!
I've been pretty good. Been by myself for around 9 of the last 15 days...lonesome.
I'm glad you are back posting.
Doug
That explains it.[:D]0 -
Damn - I hate making excuses !!
D.0 -
Just meet at the state line.Have him place the gun on the ground half in Indiana and half in Ohio. Then you grab the Indiana side of the gun,pull slightly and it`s yours. 0 -
quote:Originally posted by MVP
I am not sure about your state but here it is ok for a FTF with long guns but a handgun would need to go FFL.
only strait answer in the group
long gun hand it over get a recipt with i.d. of course
hand gun do not do it without a transfer from a ffl0 -
If you know him, do it the Clinton way. Don't ask, don't tell. If the other party is a stranger then meet at a dealers location and do the transfer through a dealer. Cost is about $25 and everyone is legal. The letter of the law says, transfer through an FFL is required if both parties are residents of different states. 0 -
quote:Originally posted by wizard78
If you know him, do it the Clinton way. Don't ask, don't tell. If the other party is a stranger then meet at a dealers location and do the transfer through a dealer. Cost is about $25 and everyone is legal. The letter of the law says, transfer through an FFL is required if both parties are residents of different states.
not long guns in bordering states0 -
Regardless of state laws Federal Law requires that any state to state transfers of firearms go thru a FFL. It is a violation of Federal law for the resident of one state to transfer a firearm to the resident of another state. Its done every day, but if you are caught you are both going to do time in Federal prison. I have a friend right now doing 5 years for transfering (selling) a firearm to a resident of another state. Its not worth the risk. Have him send the firearm to your local dealer to do the paperwork or when you deliver the motor you both go to his local dealer and have him do the paper work if it is a longun. If it is a handgun then it must be sent to your dealer. You may acquire a longun out of state from a FFL but may only acquire a handgun in your state of residence. 0 -
Federal law prohibits gun sales between residents of different states.
You may buy a long gun from an FFL in another state as long as the laws in both states are observed (that's why Nevada gun dealers won't even talk to visiting Californians) but handguns may not be purchased when out of state even from an FFL. Handgun transfers must go through an FFL in the buyer's state.
Have your friend ship the gun to an FFL in Ohio who will then transfer it to you. The sender doesn't need to be an FFL but the person receiving the gun does need to be licensed. Yes, it greatly adds to the cost with shipping and transfer fees but to be legal that's what you have to do. I think you can review the laws on shipping and transfer on a link on the GB homepage under "Buyers and sellers."
I like Doug's idea of simply taking possession but I can't recommend it as it would be a violation of federal law.0 -
Only took 14 posts to get to the correct answers. Quit guessing guys.[}:)] 0 -
quote:Originally posted by SaxonPig
Federal law prohibits gun sales between residents of different states.
You may buy a long gun from an FFL in another state as long as the laws in both states are observed (that's why Nevada gun dealers won't even talk to visiting Californians) but handguns may not be purchased when out of state even from an FFL. Handgun transfers must go through an FFL in the buyer's state.
Have your friend ship the gun to an FFL in Ohio who will then transfer it to you. The sender doesn't need to be an FFL but the person receiving the gun does need to be licensed. Yes, it greatly adds to the cost with shipping and transfer fees but to be legal that's what you have to do. I think you can review the laws on shipping and transfer on a link on the GB homepage under "Buyers and sellers."
I like Doug's idea of simply taking possession but I can't recommend it as it would be a violation of federal law.
you got a link to where it states this between individuals with long guns?
i know two gun shows with 100's of people who are in trouble, along with the batf agents that are there0 -
I don't doubt for one moment that people violate the law forbidding interstate gun sales all the time. But it is the law since 1968 (Gun Control Act of 1968). Until then dealers and individuals could freely ship all guns across state lines. My first deer rifle was purchased in 1967 from Herter's and it was shipped directly to my home. The GCA '68 changed all that.
Again, check the GB home page under buyers and sellers for a summary of the laws on shipping.
There is much confusion on gun laws because there are too many and most make no sense.0 -
quote:Originally posted by 1911a1fan
quote:Originally posted by SaxonPig
Federal law prohibits gun sales between residents of different states.
You may buy a long gun from an FFL in another state as long as the laws in both states are observed (that's why Nevada gun dealers won't even talk to visiting Californians) but handguns may not be purchased when out of state even from an FFL. Handgun transfers must go through an FFL in the buyer's state.
Have your friend ship the gun to an FFL in Ohio who will then transfer it to you. The sender doesn't need to be an FFL but the person receiving the gun does need to be licensed. Yes, it greatly adds to the cost with shipping and transfer fees but to be legal that's what you have to do. I think you can review the laws on shipping and transfer on a link on the GB homepage under "Buyers and sellers."
I like Doug's idea of simply taking possession but I can't recommend it as it would be a violation of federal law.
you got a link to where it states this between individuals with long guns?
i know two gun shows with 100's of people who are in trouble, along with the batf agents that are there
Saxon is right.
I was looking for it, but the ATF web site is down[:0] it does say in 922 (3) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession. (she could always say it was her great uncle's bequest[}:)][:D])
Don0 -
shipping laws are different than person to person sales
i must be reading it wrong, this all i could find online maybe we should tell the state of kansas {says nothing about ffl requirements}
quote:Section 48-1903 declares it lawful for a Kansas resident to purchase or receive delivery of a rifle or shotgun in a state sharing a common border with Kansas, provided the purchaser's state of residence permits such sale or delivery, and the sale complies with the legal conditions of sale of both states and all requirements of 18 U.S.C. ? 922(c).
http://www.lcav.org/states/kansas.asp
i border il and mo, both states allow ptp private long arm transfers, i see it at gun shows, newspaper adds, many times in person, and have done it myself, but i guess the atf has turned a blind eye at gun shows, we have had this conversation before, i have it highlighted in my federal firearms book0 -
Federal law trumps state law. Federal law prohibits the sale of any gun between unlicensed persons residing in different states. It allows the sale of long guns from an FFL to a person from another state as long as the state laws in both states are observed but handguns cannot be legally sold to a non-resident even by an FFL. A handgun must be shipped to an FFL in the buyer's home state for transfer. A long gun sold to a non-resident must be transferred through an FFL if the seller is not licensed (but this can be done in the seller's state if a willing FFL can be found- most refuse non-resident transfers).
If you know of people selling guns to residents of neighboring states then I would play dumb because they are violating federal law.
You can keep disbelieving me all you want but I am stating the law correctly.0 -
I'm going to talk to him later this week about the motor. I may go to Ohio and look at it.
So I am I going to be okay to bring the gun an AR-15 to Ohio and have a ffl transfer it to him?
I normally wouldn't mess with a trade and would buy straight out, but he's really wants this gun and giving me a great deal.
He's getting out of racing. I haven't asked him what he wants cash, but I know 5K would be a bargain for this engine and I only have 900 in the gun. So I'll be getting the gun for a fraction of the cost it would cost me to build one.
The crank alone would be as much as the gun I have. I can't believe the deal I'm getting.[:)][:)]0 -
quote:Originally posted by ElMuertoMonkey
As neither Ohio nor Indiana require an FFL for a person-to-person transfer and since you're not shipping it to the person you are trading with, I would assume that a person-to-person transfer would be legal even though you guys don't live in the same state.
ILLEGAL under the Gun Control Act of 1968, which makes procuring a handgun by an individual residing in another state illegal, either from an individual, or from a dealer. The dealer must ship to another dealer in the buyer's home state.
"Gun Owners' Protection Act", 1986, made interstate purchase of long guns and ammunition legal between individuals, but took away all future addition of Class 3 weapons (machineguns) to the registry. (the Hughes amendment).0 -
quote:Originally posted by Cutiegirlracing
A friend of mine wants to trade an atv motor for a gun. He lives in Ohio and I live in Indiana. How can this be done legally. Right now I'm guessing I have to go to a ffl in Indiana and have it shipped to a ffl in Ohio. If this is how it's done, is there an easier way? Can it be done person to person?
Thanks
Traci
Handgun- dealer to dealer only. Long gun- OK individual to individual.0 -
formerlywrong- No, individuals may not sell guns across state lines, period. FFLs can sell long guns to out of state buyers but no handguns. 0 -
quote:Originally posted by formerlywrong
quote:Originally posted by ElMuertoMonkey
As neither Ohio nor Indiana require an FFL for a person-to-person transfer and since you're not shipping it to the person you are trading with, I would assume that a person-to-person transfer would be legal even though you guys don't live in the same state.
ILLEGAL under the Gun Control Act of 1968, which makes procuring a handgun by an individual residing in another state illegal, either from an individual, or from a dealer. The dealer must ship to another dealer in the buyer's home state.
"Gun Owners' Protection Act", 1986, made interstate purchase of long guns and ammunition legal between individuals, but took away all future addition of Class 3 weapons (machineguns) to the registry. (the Hughes amendment).
Thats not what the BATFE says.
quote:B. UNLICENSED PERSONS
(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]
A person may only acquire a firearm within the person's own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
http://www.atf.treas.gov/firearms/faq/faq2.htm#b10
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