Out of State handgun purchases - private sale

**Garand** · 09-27-2012, 04:14 PM

I know that if I want to buy a handgun from a person that lives out of state I have to have that gun shipped to a local FFL and have them run a 4473 before I can take possession of that handgun.

Well here's the question.
I am thinking about buying a handgun from a friend of mine that lives out of state, but he travels to OK frequently. Can he bring that handgun with him on his next trip, and walk into a local gun shop with me and have the paperwork processed?

**Arin Morris** · 09-27-2012, 04:27 PM

Why would you need to process any paperwork at all? Does the state he reside in require paperwork for private sales?

**beast1989** · 09-27-2012, 04:55 PM

I would treat it as a regular FTF transaction. Exchange money, shake hands, and continue on.

**Garand** · 09-27-2012, 05:06 PM

Originally Posted by beast1989

I would treat it as a regular FTF transaction. Exchange money, shake hands, and continue on.

Well thats one way..

**Garand** · 09-27-2012, 05:11 PM

Originally Posted by Arin Morris

Why would you need to process any paperwork at all? Does the state he reside in require paperwork for private sales?

Handguns cant be sold to Out of State residents without it being properly transfered (4473/NICS) to a local(buyers) FFL, this applies to private sales as well as dealer sales.

My question, is does that handgun have to be actually shipped, or can the seller travel to OK and deal directly with the buyer and FFL?

**Dave70968** · 09-27-2012, 06:03 PM

Originally Posted by beast1989

I would treat it as a regular FTF transaction. Exchange money, shake hands, and continue on.

You would commit a Federal felony.

OP: I am not aware of anything that would prevent the seller from hand-delivering the pistol to the FFL. Your best bet is to call the FFL; if he's willing to do it, great. Many have...creative interpretations of the law, though, and will refuse to do things that are quite legal. Find one who will work with you and go for it.

**mugsy** · 09-27-2012, 06:08 PM

If the seller and the buyer are not residents of the same State then the sale must go through an FFL holder of the purchaser's State - to do otherwise would be to commit a felony.

**FAL guy** · 09-27-2012, 06:55 PM

Originally Posted by Garand

Can he bring that handgun with him on his next trip, and walk into a local gun shop with me and have the paperwork processed?

You bet....he is just bypassing the shipping charges. The local shop with ask for his DL to record who they received the gun from.

**Arin Morris** · 09-27-2012, 07:55 PM

Originally Posted by mugsy

If the seller and the buyer are not residents of the same State then the sale must go through an FFL holder of the purchaser's State - to do otherwise would be to commit a felony.

Noted. Thanks for the clarification.

**Boehlertaught** · 09-28-2012, 12:26 AM

Originally Posted by mugsy

If the seller and the buyer are not residents of the same State then the sale must go through an FFL holder of the purchaser's State - to do otherwise would be to commit a felony.

OK. Understood. But just curios. If the OP did not know this person and just bumped into him at a gun show in Tulsa. And made a transaction. Would not the OP be legal in the purchase? Are Okies required to verify the state of residence of folks at a gun show they buy from?

**thegomezclan** · 09-28-2012, 03:57 AM

Also is it the same with rifles when it comes to out of state sales?

**reddog1** · 09-28-2012, 06:30 AM

Well thats just dumb. But so is a 19 year old kid not being allowed to buy a stripped lower, but able to buy a complete AR15.

**SMS** · 09-28-2012, 06:35 AM

Originally Posted by thegomezclan

Also is it the same with rifles when it comes to out of state sales?

Yes.

Here's a good page to refer to:

http://www.atf.gov/firearms/faq/unli...ensed-transfer

**reddog1** · 09-28-2012, 06:38 AM

Its ok if you are an agent, and selling them in Mexico though. No problem!

**CAR-AR-M16** · 09-28-2012, 08:27 AM

From http://www.atf.gov/firearms/faq/unlicensed-persons.html that SMS already linked above.

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

Q: From whom may an unlicensed person acquire a firearm under the GCA?
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]

Q: 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?
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)]