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Started By
Message
Buying Gun from a Friend
Posted on 1/18/13 at 11:36 pm
Posted on 1/18/13 at 11:36 pm
If a friend of mine were to sell me one of his guns. Is there anything special we would need to do? Such as bill of sale or something else? or can I just pay him and thats it? Any help will be greatly appreciated.
Posted on 1/18/13 at 11:38 pm to Merking
Nope nothing else required
This post was edited on 1/18/13 at 11:39 pm
Posted on 1/18/13 at 11:52 pm to Merking
If it is a handgun, federal law requires that you are both residents of the same state.
Posted on 1/18/13 at 11:57 pm to Carson123987
I always write a small bill of sale with the serial number on it in case it gets reported stolen or used in a crime or some crazy shite. Dont care how well you know who is buying/selling.
Posted on 1/19/13 at 4:52 am to LSUlefty
quote:Do the transaction while riding the ferry, makes it easier
Go boating
Posted on 1/19/13 at 8:37 am to Merking
Bill of sale is recommended to protect both parties, but it's not required.
Posted on 1/19/13 at 8:41 am to MaroonWhite
I don't think that's correct
Posted on 1/19/13 at 9:12 am to MaroonWhite
Link?
I have not heard this.
I have not heard this.
Posted on 1/19/13 at 9:16 am to VetteGuy
Just get a bill of sale to cya
Posted on 1/19/13 at 9:19 am to JAB528
Only thing that is required is post pics when you get it.
Posted on 1/19/13 at 9:22 am to hashbrowns
quote:
If it is a handgun, federal law requires that you are both residents of the same state.
I've never heard this.
Posted on 1/19/13 at 10:14 am to JAB528
quote:
If it is a handgun, federal law requires that you are both residents of the same state.
quote:
I've never heard this.
You've never heard it because it is not true. I have no idea where people come up with this stuff.
Posted on 1/19/13 at 11:30 am to braindeadboxer
Not sure if it's true or not, but such a statement was posted on a big billboard at last two gunshows I went to in Shreveport/Bossier. That was the first I'd ever heard of it as well. I know for certain one can't buy a handgun from a dealer across state lines.
Posted on 1/19/13 at 11:35 am to TigerOnThe Hill
quote:
You've never heard it because it is not true. I have no idea where people come up with this stuff.
Posted on 1/19/13 at 1:36 pm to JAB528
If the info included in the links below is right, Maroon White and the poster I saw at the gunshows, are right, after all.
I copied and pasted the following info from other websites. Yes, the first one's lengthy and the wording is complicated, but that's just how it is.
"Here's the law. There are no exceptions for long guns, short guns, skinny guns, or fat guns - If it's a gun/firearm - purchased FTF by someone from another state - it has to be transferred through a FFL in the seller's state.
If a seller goes out of state to a buyer, then they must go through a FFL in the buyer's state for the transfer.
If a seller is shipping a firearm to someone out of state it has to be shipped to a FFL first.
Sellers, however, are not required to go through an FFL for "shipping" firearms to an out of state FFL
TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS
CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE
PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
Subpart C_Administrative and Miscellaneous Provisions
Sec. 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, shall transport into or receive
in the State where the person resides (or if a corporation or other
business entity, where it maintains a place of business) any firearm
purchased or otherwise obtained by such person outside that State:
Provided, That the provisions of this section:
(a) Shall not preclude any person who lawfully acquires a firearm by
bequest or intestate succession in a State other than his State of
residence from transporting the firearm into or receiving it in that
State, if it is lawful for such person to purchase or possess such
firearm in that State,
(b) Shall not apply to the transportation or receipt of a rifle or
shotgun obtained from a licensed manufacturer, licensed importer,
licensed dealer, or licensed collector in a State other than the
transferee's State of residence in an over-the-counter transaction at
the licensee's premises obtained in conformity with the provisions of
Sec. 478.96(c) and
(c) Shall not apply to the transportation or receipt of a firearm
obtained in conformity with the provisions of Sec. Sec. 478.30 and
478.97.
[T.D. ATF-270, 53 FR 10493, Mar. 31, 1988]
§ 478.30 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 believe does not reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm
to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm
under the laws of the State of his residence; and
(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.
478.97 - Loan or rental of firearms.(a) A licensee may lend or rent a firearm to any person for temporary use off the premises of the licensee for lawful sporting purposes: Provided, That the delivery of the firearm to such person is not prohibited by ? 478.99(b) or ? 478.99(c), the licensee complies with the requirements of ? 478.102, and the licensee records such loan or rental in the records required to be kept by him under Subpart H of this part.
(b) A club, association, or similar organization temporarily furnishing firearms (whether by loan, rental, or otherwise) to participants in a skeet, trap, target, or similar shooting activity for use at the time and place such activity is held does not, unattended by other circumstances, cause such club, association, or similar organization to be engaged in the business of a dealer in firearms or as engaging in firearms transactions. Therefore, licensing and recordkeeping requirements contained in this part pertaining to firearms transactions would not apply to this temporary furnishing of firearms for use on premises on which such an activity is conducted.
[T.D. ATF-415, 63 FR 58278, Oct. 29, 1998]
I HIGHLY SUGGEST everyone read it or look it up for themselves and not rely on what you read in an anonymous forum."
LINK ;
-------------------------------------------------
Here's another, easier to read, reference from a different website.
"Here are the relevent ATF regulations, "GCA" is "Gun Control Act":
(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]
(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]"
__________________
LINK
The above references refer to Federal law only. The issue could be complicated further by the laws of the individual state. Looks like some need to check further before claiming something's "not true" just because someone hasn't heard of it....
I copied and pasted the following info from other websites. Yes, the first one's lengthy and the wording is complicated, but that's just how it is.
"Here's the law. There are no exceptions for long guns, short guns, skinny guns, or fat guns - If it's a gun/firearm - purchased FTF by someone from another state - it has to be transferred through a FFL in the seller's state.
If a seller goes out of state to a buyer, then they must go through a FFL in the buyer's state for the transfer.
If a seller is shipping a firearm to someone out of state it has to be shipped to a FFL first.
Sellers, however, are not required to go through an FFL for "shipping" firearms to an out of state FFL
TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS
CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE
PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
Subpart C_Administrative and Miscellaneous Provisions
Sec. 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, shall transport into or receive
in the State where the person resides (or if a corporation or other
business entity, where it maintains a place of business) any firearm
purchased or otherwise obtained by such person outside that State:
Provided, That the provisions of this section:
(a) Shall not preclude any person who lawfully acquires a firearm by
bequest or intestate succession in a State other than his State of
residence from transporting the firearm into or receiving it in that
State, if it is lawful for such person to purchase or possess such
firearm in that State,
(b) Shall not apply to the transportation or receipt of a rifle or
shotgun obtained from a licensed manufacturer, licensed importer,
licensed dealer, or licensed collector in a State other than the
transferee's State of residence in an over-the-counter transaction at
the licensee's premises obtained in conformity with the provisions of
Sec. 478.96(c) and
(c) Shall not apply to the transportation or receipt of a firearm
obtained in conformity with the provisions of Sec. Sec. 478.30 and
478.97.
[T.D. ATF-270, 53 FR 10493, Mar. 31, 1988]
§ 478.30 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 believe does not reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm
to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm
under the laws of the State of his residence; and
(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.
478.97 - Loan or rental of firearms.(a) A licensee may lend or rent a firearm to any person for temporary use off the premises of the licensee for lawful sporting purposes: Provided, That the delivery of the firearm to such person is not prohibited by ? 478.99(b) or ? 478.99(c), the licensee complies with the requirements of ? 478.102, and the licensee records such loan or rental in the records required to be kept by him under Subpart H of this part.
(b) A club, association, or similar organization temporarily furnishing firearms (whether by loan, rental, or otherwise) to participants in a skeet, trap, target, or similar shooting activity for use at the time and place such activity is held does not, unattended by other circumstances, cause such club, association, or similar organization to be engaged in the business of a dealer in firearms or as engaging in firearms transactions. Therefore, licensing and recordkeeping requirements contained in this part pertaining to firearms transactions would not apply to this temporary furnishing of firearms for use on premises on which such an activity is conducted.
[T.D. ATF-415, 63 FR 58278, Oct. 29, 1998]
I HIGHLY SUGGEST everyone read it or look it up for themselves and not rely on what you read in an anonymous forum."
LINK ;
-------------------------------------------------
Here's another, easier to read, reference from a different website.
"Here are the relevent ATF regulations, "GCA" is "Gun Control Act":
(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]
(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]"
__________________
LINK
The above references refer to Federal law only. The issue could be complicated further by the laws of the individual state. Looks like some need to check further before claiming something's "not true" just because someone hasn't heard of it....
Posted on 1/19/13 at 7:11 pm to TigerOnThe Hill
If Maroon & White is wrong, that would be news to me.
Long-gun = OK to be from Out-of-state.
Handguns = Nope
Long-gun = OK to be from Out-of-state.
Handguns = Nope
This post was edited on 2/11/13 at 10:56 am
Posted on 2/10/13 at 10:54 pm to braindeadboxer
I posted a response to this thread a few weeks ago and never went back to read through it. Someone just brought to my attention the discussion that ensued after I posted:
My response:
Someone else responded:
DNaquin said:
DNaguin - It's people like you that give law-abiding gun owners a bad name. I suggest that you become familiar with firearms laws before spouting off and giving bad advice that could land someone in jail.
Except for a very few narrow exceptions (inheritance of a handgun from a family member that goes across state lines e.g.), it is against federal law to transfer a handgun across state lines in a private sale/gift unless you go through an FFL.
My response:
quote:
If it is a handgun, federal law requires that you are both residents of the same state
Someone else responded:
quote:
I've never heard this.
DNaquin said:
quote:
You've never heard it because it is not true. I have no idea where people come up with this stuff.
DNaguin - It's people like you that give law-abiding gun owners a bad name. I suggest that you become familiar with firearms laws before spouting off and giving bad advice that could land someone in jail.
Except for a very few narrow exceptions (inheritance of a handgun from a family member that goes across state lines e.g.), it is against federal law to transfer a handgun across state lines in a private sale/gift unless you go through an FFL.
This post was edited on 2/10/13 at 11:05 pm
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