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Message
Private gun sale question
Posted on 8/23/20 at 6:49 pm
Posted on 8/23/20 at 6:49 pm
Potential buyer has an out of state license but does technically live in state as he attends a state university. Would this be a illegal transaction because of the out of state license? Does attending a university constitute residency?
10
Posted on 8/23/20 at 7:08 pm to cassopher
quote:
Does attending a university constitute residency?
No. Otherwise no one would ever pay out of state tuition.
Posted on 8/23/20 at 7:16 pm to cassopher
quote:
Potential buyer has an out of state license but does technically live in state as he attends a state university. Would this be a illegal transaction because of the out of state license? Does attending a university constitute residency?
Why would this be an issue? His license has nothing to do with buying a gun. He doesn’t need one at all. The only thing you can’t do is knowingly sell it to a felon or a mental patient. Otherwise, it’s like any private property sale.
FYI: LINK
This post was edited on 8/23/20 at 7:19 pm
Posted on 8/23/20 at 7:26 pm to cassopher
You are overthinking it. Unless you know that the guy is a felon just hand write a simple bill of sale with the serial number on it and that’s it
Posted on 8/23/20 at 7:38 pm to Purple Spoon
Yeah I was just trying to be safe and protect my own arse I guess.
Posted on 8/23/20 at 8:28 pm to cassopher
He must have a local address. Cable bill, electricity, water, ?
He lives in state at this time.
He will move and change addresses later.
He lives in state at this time.
He will move and change addresses later.
Posted on 8/23/20 at 8:32 pm to cassopher
If it is a long gun it makes no diff. You can sell to an out of state resident.
If it is a handgun, it is a federal felony to transfer a handgun to an nonresident of the state.
If memory serves, to be a resident of La one has to have two of the four; La DL, car registered in La, registered to vote in La or have a permanent residence. Not 100% sure on that, may have changed
If it is a handgun, it is a federal felony to transfer a handgun to an nonresident of the state.
If memory serves, to be a resident of La one has to have two of the four; La DL, car registered in La, registered to vote in La or have a permanent residence. Not 100% sure on that, may have changed
Posted on 8/23/20 at 8:43 pm to S1C EM
Sorry, I misunderstood the issue here. Not sure how they will treat his address as a student, but I assume they would focus on his permanent address as listed with the university. If that is the case, it’s best to transfer to an FFL and let them transfer to him.
Posted on 8/23/20 at 9:01 pm to Bigsampson
Downvote me all you want, but here are the facts.
Purchase
“It is lawful for any person residing in this state to purchase or otherwise obtain a rifle or shotgun or ammunition in any state, contiguous or non-contiguous to this state and to receive or transport such rifle or shotgun or ammunition into this state, and to permit any person residing in a contiguous or non-contiguous state to purchase shotguns, rifles or ammunition in this state provided that the purchase of said rifle or shotgun complies with Louisiana law, the law of the other state Involved in the purchase and federal law.”
But,
If you do a face to face sale of a handgun to a person with a legal residence in another state in ANY state, You have committed a felony. The only way to do this is to send it to an FFL in their home state and it be transferred there. A out of state person can buy a long gun from an FFL, but an out of stater can’t puchase a handgun from an out of state FFL.
That is the law.
Purchase
“It is lawful for any person residing in this state to purchase or otherwise obtain a rifle or shotgun or ammunition in any state, contiguous or non-contiguous to this state and to receive or transport such rifle or shotgun or ammunition into this state, and to permit any person residing in a contiguous or non-contiguous state to purchase shotguns, rifles or ammunition in this state provided that the purchase of said rifle or shotgun complies with Louisiana law, the law of the other state Involved in the purchase and federal law.”
But,
If you do a face to face sale of a handgun to a person with a legal residence in another state in ANY state, You have committed a felony. The only way to do this is to send it to an FFL in their home state and it be transferred there. A out of state person can buy a long gun from an FFL, but an out of stater can’t puchase a handgun from an out of state FFL.
That is the law.
Posted on 8/24/20 at 9:35 am to cassopher
Thread on BayouShooter that may be interesting. Including a response from a lawyer familiar with gun law.
Private Gun Sales
Private Gun Sales
Posted on 8/24/20 at 11:27 am to Bigsampson
quote:
If you do a face to face sale of a handgun to a person with a legal residence in another state in ANY state, You have committed a felony.
Are buyer and seller both committing felonies, or just the seller?
ETA: looks like both as the transportation into the home state would be illegal for the buyer
This post was edited on 8/24/20 at 11:35 am
Posted on 8/24/20 at 6:39 pm to seawolf06
That is a good question.
Not positively sure of the answer, should prob ask a lawyer or atf.
Probably both?
All the language I see says “ transfer, sell, trade, give, transport, deliver or receive”
Allot of confusion exists between state and federal laws. From the states point of view, it is perfectly legal to sell a non felon any gun. From the feds point of view, long guns are legal to sell to a person from another state, but a citizen OR an FFL cannot transfer a handgun to a person from a different state. Ask your local gun store if they can sell to an out of stater, they will tell you the facts.
Not positively sure of the answer, should prob ask a lawyer or atf.
Probably both?
All the language I see says “ transfer, sell, trade, give, transport, deliver or receive”
Allot of confusion exists between state and federal laws. From the states point of view, it is perfectly legal to sell a non felon any gun. From the feds point of view, long guns are legal to sell to a person from another state, but a citizen OR an FFL cannot transfer a handgun to a person from a different state. Ask your local gun store if they can sell to an out of stater, they will tell you the facts.
Posted on 8/24/20 at 7:20 pm to S1C EM
quote:
Sorry, I misunderstood the issue here. Not sure how they will treat his address as a student, but I assume they would focus on his permanent address as listed with the university. If that is the case, it’s best to transfer to an FFL and let them transfer to him.
Who is this “they”, and since there is no requirement for any paperwork for a private sale of a firearm , not even a bill of sale unless the two parties want one, what is it that “they” are going to be looking at?
Posted on 8/24/20 at 7:27 pm to cassopher
Where is his permanent residence? If his DL, truck registration, etc... is out of state and he has failed to meet the qualification of the state in which he attends school, then he is a resident of his other state.
I wouldn't do it without an FFL if I knew what you know.
I wouldn't do it without an FFL if I knew what you know.
Posted on 8/24/20 at 8:23 pm to cassopher
Go off the license. Do not sell
Posted on 8/25/20 at 6:49 am to Carson123987
quote:
Carson123987
You still work at Bowie’s? I recently saw Jim’s had an WC X9L I was eyeballing.
Posted on 8/25/20 at 7:10 am to cassopher
I would find a local FFL and let the transaction go through him. Mine here would do that transaction for $25.
Why? 1. They can do a back ground check. 2. Liability is on them potentially if something ever happened. 3. That's what they do every day. You don't.
Why? 1. They can do a back ground check. 2. Liability is on them potentially if something ever happened. 3. That's what they do every day. You don't.
Posted on 8/25/20 at 1:31 pm to GlockPerfection
quote:
You still work at Bowie’s? I recently saw Jim’s had an WC X9L I was eyeballing.
nah bro, I left a few years ago. I work for the guy that now owns Bowie's, just at a different company
Posted on 8/25/20 at 2:30 pm to Bigsampson
quote:
If it is a long gun it makes no diff. You can sell to an out of state resident.
If it is a handgun, it is a federal felony to transfer a handgun to an nonresident of the state.
these are the main points you need to know
Posted on 8/25/20 at 2:50 pm to cassopher
This is probably going to be state specific (LA state law in your case). In MS, this would be a private sale.
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