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Boarman03

Legality of selling or buying a firearm to/from a non resident

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I have been criticized for stating that a purchase or sale envolving an AZ resident with a non resident may be illegal if not processed through an FFL.

According to the ATF website, since 1968, all transfers from residents of one state to residents of a different state must go through an FFL.

Please correct me or verify.

I don't want to give false information and I need to be certain myself.

I don't think anyone here wants to lose their gun rights.

Thanks

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7 minutes ago, Boarman03 said:

I have been criticized for stating that a purchase or sale envolving an AZ resident with a non resident may be illegal if not processed through an FFL.

According to the ATF website, since 1968, all transfers from residents of one state to residents of a different state must go through an FFL.

Please correct me or verify.

I don't want to give false information and I need to be certain myself.

I don't think anyone here wants to lose their gun rights.

Thanks

Looks like you're correct. It obviously applies to a shipped long gun for sure. Not sure how a PRIVATE face-to-face sale would be enforced, however.

Found this on the NRA Blog site.

 

Interstate Gun Sales

Federal law for interstate gun sales and other transfers – those occurring between two people who are not Federal Firearm Licensees (FFLs) who live in different states — is pretty straightforward. A person who is not an FFL cannot acquire a handgun from anyone – an FFL or any other person – who lives in another state. A person (the “transferee”) acquiring a long gun must do so through a licensed dealer (FFL). It can be an FFL in any state, the transfer must comply with the laws of the FFL’s and the transferee’s states.

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My understanding is you can buy from an FFL in an adjacent state, but not skipping a state. I bought a rifle in Utah from an FFL. I could not buy one in Idaho. There are some minor exceptions. If you have a hunting license in another far away state you may purchase a hunting rifle for use in that hunt. I heritence and family gifts have some exemptions. 

This is what I understand.

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A little off topic, and not meant as an attack on you, but, it seems you are relatively new to the gun community and hunting world. And because of this, you are probably happy to share what you’ve learned along the way. That being said, Bringing up what you did publicly in someone’s for sale ad doesnt do anything to help, and labels you as “that guy”. Dont be that guy ...  A little discretion goes a long way.  

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29 minutes ago, AverageJoe said:

A little off topic, and not meant as an attack on you, but, it seems you are relatively new to the gun community and hunting world. And because of this, you are probably happy to share what you’ve learned along the way. That being said, Bringing up what you did publicly in someone’s for sale ad doesnt do anything to help, and labels you as “that guy”. Dont be that guy ...  A little discretion goes a long way.  

Thank you for the constructive criticism. I was only trying to help but obviously it was not wanted. That's why I brought it here. I don't understand some of the social norms but am trying. My life has been one of trying to help people and solving problems. I'm very open to learning what I can.

I didn't see where that affected the sale as an FFL should be easy to encounter. Wouldn't not warning someone about potentially doing a transaction illegally be bad? I would want to be warned so I could do it legally rather than getting into expensive trouble.

I honestly don't understand, but I'm trying.

So, I came to this forum which I hope is the correct venue. And I'm listening.

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Not criticizing, just stating my opinion(s).

What "they" don't know can't hurt you. I've never been asked nor had to prove where I've obtained a weapon by anyone except for a few friends. The local LEO could care less when you get stopped, he just wants to know if you are or are not armed when he initiates a stop. I don't lie, but I'm not volunteering any information until asked.

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20 minutes ago, arizonian said:

Not criticizing, just stating my opinion(s).

What "they" don't know can't hurt you. I've never been asked nor had to prove where I've obtained a weapon by anyone except for a few friends. The local LEO could care less when you get stopped, he just wants to know if you are or are not armed when he initiates a stop. I don't lie, but I'm not volunteering any information until asked.

Whenever I've been stopped by any LE officer I've always handed over my CCW license with my Drivers license. I'm not sure but I think if your a ccw it shows up when they run your plate.

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19 minutes ago, 10Turkeys said:

Whenever I've been stopped by any LE officer I've always handed over my CCW license with my Drivers license. I'm not sure but I think if your a ccw it shows up when they run your plate.

That's what I understand also. It's been many years since I've been stopped, so I don't have any personal experience. Remember, cruise control is your friend.

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Non-residents cannot buy handguns in other states through FFLs. Long guns is dependent on the state you are from. When I used to work retail gun sales we had a list of no go states that we couldn't sell long guns too. It wasn't about borders as I recall, more about the home states laws prohibiting it. 

CA, NY, and a group of other states. 

I know when I was a kid my dad bought a long gun in TX from an FFL with no issues. 

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P.S. just follow my personal rule and this isn't an issue. Don't ever sell guns or tools. 

I have honestly sold guns over the years, but never to a random person. I had personal knowledge of the people I sold to so I trusted the sale.

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When in doubt … don't do it.  That's my motto.  Kept me out of (most) trouble for 53 years now.

 

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4 hours ago, arizonian said:

Not criticizing, just stating my opinion(s).

What "they" don't know can't hurt you. I've never been asked nor had to prove where I've obtained a weapon by anyone except for a few friends. The local LEO could care less when you get stopped, he just wants to know if you are or are not armed when he initiates a stop. I don't lie, but I'm not volunteering any information until asked.

Not worried about getting stopped. Back in 1994 ish I had a pistol stolen from my truck. I reported it. Glad I had bought it from a legit source. A couple of years later the pistol was used to murder a politician in Mexico. Gun was traced to each holder by the Feds. When they got to me they encountered the report. 

What if the gun had been traced from the perpetrator backwards to me as an illegal sale? Holy crap! Would I be put up on charges as an accomplice to the murder?

You seldom know the complete past or future of a used weapon. 

What if the gun you purchased is reported stolen? If you have a paper trail, bill of sale, you'll lose the firearm but can show reasonable actions and intent, directing the authorities to the person you bought it from, and you might even get your money back.

I'm sure there is more but these are thoughts and experiences I have had.

There is an inherent risk in purchasing any used weapon, even from an FFL. Just much less through an FFL.

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" Would I be put up on charges as an accomplice to the murder?"   No, but there is always Civil Court. 

 

"There is an inherent risk in purchasing any used weapon, even from an FFL. Just much less through an FFL." 

Russ I don't see any issue here. Maybe you can elaborate as to why you think there is an apparent risk when a purchase is made through an FFL Holder.

 

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