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Can I sell a rifle to a resident of another state...

Discussion in 'Law & Order' started by tranger2, Dec 27, 2009.

  1. tranger2

    tranger2 Sharpshooter Member

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    Can I sell a rifle to a Texas resident in a face to face transaction in Oklahoma?
    Or do I have to find an FFL to make a transaction?

    My understanding is I can sell to another Okie with no paperwork. Just not sure about a resident of another state.

    Any info is appreciated.
    thanks
     
  2. TJay74

    TJay74 Sharpshooter Member

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    I think you can do a personal transaction without a FFL for anything that is not a class III. So you should be able to sell a handgun or rifle/shotgun without any paperwork other than what you need as far as a reciept for the transaction.
     
  3. Shoot Summ

    Shoot Summ Sharpshooter Member

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    I would check with the ATF, I believe at least a portion(handgun) of this is incorrect.
     
  4. gillman7

    gillman7 Sharpshooter Member

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    No, my understanding is you can not sell to the resident of another state in a private sale. I may be wrong, but would rather err on the side of caution, than run the risk of getting in trouble.:sorry4:
     
  5. CAR-AR-M16

    CAR-AR-M16 Sharpshooter Member

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    From the ATF Firearms FAQ's: http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

    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.
     
  6. Shoot Summ

    Shoot Summ Sharpshooter Member

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    There you have it, thanks for the specific info.

    I don't want to be an A$$hat, but this is a great example of if you don't know what you are talking about it is best to let someone who does give the CORRECT information. The only thing worse than no info, is bad info, there seems to be alot of it floating around on the internet. When transferring firearms you want to do it right, a felony conviction will last a longtime.....
     
  7. ninefan

    ninefan Sharpshooter Member

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    My understanding & summary of the above is:

    You can buy a long gun from a dealer while in another state.

    You CANNOT buy a pistol from a dealer while in another state. The dealer can ship the pistol to a dealer in your own state (where the transfer may occur).

    A non-dealer CANNOT buy or sell ANY gun to/from a person from another state unless it is sent to a dealer in their own state (where the transfer may occur).
     
  8. tranger2

    tranger2 Sharpshooter Member

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    If I read this correctly, I CANNOT sell to my brother in law from another state even if he is here in OK when I sell it. Since he is not a licensee.....

    (sorry, I'm not a lawyer....)
     
  9. tranger2

    tranger2 Sharpshooter Member

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    sorry ninefan, looks like you posted while i was writing. I agree..
     
  10. TJay74

    TJay74 Sharpshooter Member

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    I guess my only question to the wording of that above paragraph is it is worded in the way that they are talking about sales from dealers.

    How is a private person going to know and or check to see if the buying person is from their state and or convicted of any felony crimes that would exempt them from buying from a licensed dealer?

    Private sales just like the one posed are no different than the ones that people do at gun shows and through this very website at times. That would mean that there is a possibility that some sales and or transactions on this site might not be meeting those guidelines.
     

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