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re: Laws regarding private sell of guns

Posted on 2/7/20 at 11:39 pm to
Posted by Bigsampson
Fort Worth
Member since Apr 2017
385 posts
Posted on 2/7/20 at 11:39 pm to
Lot of bs on this board.
1). If purchaser is a resident of La (assuming you are too), NOTHING is required. A bill of sale is a good idea. But not required.
2). If purchaser is from out of state and it is a handgun, HAS to go through an FFL in their state of residence. Otherwise a big no no.
3). If it is a long gun, refer to number one.

Anything else folks throw at you is noise and bs. For an O/U, sell it ( purchaser is in state or not). Take a picture of their DL w your phone, do a bill of sale and walk away. Or, you are perfectly ok just swapping spit in Cabela’s parking lot and driving away.
This post was edited on 2/7/20 at 11:44 pm
Posted by LSUA 75
Colfax,La.
Member since Jan 2019
3728 posts
Posted on 2/7/20 at 11:49 pm to
I would prefer to get a bill of sale.You sell it to a honest person,it could still be stolen and used in a crime.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18873 posts
Posted on 2/8/20 at 11:41 am to
quote:

Lot of bs on this board.
1). If purchaser is a resident of La (assuming you are too), NOTHING is required. A bill of sale is a good idea. But not required.
2). If purchaser is from out of state and it is a handgun, HAS to go through an FFL in their state of residence. Otherwise a big no no.
3). If it is a long gun, refer to number one.


There is some confusion in this post if you are suggesting a private seller can sell a long gun to a non-resident.

A licensed FFL dealer can sell a non-resident a long gun, but a handgun must go through an FFL in the buyer's state.

A private seller cannot sell any gun (long or handgun) to a non-resident of his state.

No. 2 on Top 10 most asked questions to the ATF:

quote:

2. May I lawfully transfer a firearm to a friend who resides in a different State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.


And again from the ATF:

quote:

To whom may an unlicensed person transfer firearms under the GCA?

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. ... Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.


ATF

But a licensed dealer can sell a long gun to a non-resident:

quote:

May a licensee sell a firearm to a nonlicensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a State other than the State in which the seller’s licensed premises is located. ... [A] licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.


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