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  1. #1

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

    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. #2

    Default Re: Can I sell a rifle to a resident of another state...

    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.
    Quote Originally Posted by Werewolf View Post
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  3. #3

    Default Re: Can I sell a rifle to a resident of another state...

    Quote Originally Posted by TJay74 View Post
    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.
    I would check with the ATF, I believe at least a portion(handgun) of this is incorrect.

  4. #4

    Default Re: Can I sell a rifle to a resident of another state...

    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.
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  5. #5

    Default Re: Can I sell a rifle to a resident of another state...

    From the ATF Firearms FAQ's: http://www.atf.gov/firearms/faq/unli...ensed-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 personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licenseeís 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 purchaserís 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 purchaserís State of residence for the purchaser to obtain the firearm from the dealer.
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  6. #6

    Default Re: Can I sell a rifle to a resident of another state...

    Quote Originally Posted by CAR-AR-M16 View Post
    From the ATF Firearms FAQ's: http://www.atf.gov/firearms/faq/unli...ensed-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 personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licenseeís 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 purchaserís 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 purchaserís State of residence for the purchaser to obtain the firearm from the dealer.
    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. #7

    Default Re: Can I sell a rifle to a resident of another state...

    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. #8

    Default Re: Can I sell a rifle to a resident of another state...

    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. #9

    Default Re: Can I sell a rifle to a resident of another state...

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

  10. #10

    Default Re: Can I sell a rifle to a resident of another state...

    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.
    Quote Originally Posted by Werewolf View Post
    Sometimes - doing the right thing isn't easy but its always right.
    My Feedback...

  11. #11

    Default Re: Can I sell a rifle to a resident of another state...

    Quote Originally Posted by TJay74 View Post
    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.
    That is true. It is also possible that you are buying a stolen gun from someone as well. There is no way to be 100% sure of any of the things mentioned when doing a private sale/buy. I would at least ask to see someones DL to see if they are a resident or not. Also, the old adage about trusting your senses would apply as well. If you get one of those "funny feelings" about someone, don't deal with them.
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  12. #12

    Default Re: Can I sell a rifle to a resident of another state...

    if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.
    "Does not know" covers a lot of ground here. On the other hand, given certain information that is obvious to you in the course of the transaction, you might have "reasonable cause to believe" that you shouldn't be selling a firearm to that person.

    If they tell you they are driving up from Texas to meet you, that should probably be a "reasonable" warning flag.

    If they have their location marked on the forum as being in Kansas or something, that should probably be a "reasonable" warning flag.

    If they have out-of-state plates on their vehicle, that should probably be a "reasonable" warning flag.

    In any case like that I would definitely be asking for an Oklahoma ID. If they say no, that's fine, I have no problem walking away from a deal.

    If they mention in the course of conversation that they are a felon and they couldn't buy the gun from a dealer.... that's probably not good either.

    Just my thoughts on the matter. I'd be welcome to hearing other comments.

  13. #13

    Default Re: Can I sell a rifle to a resident of another state...

    Quote Originally Posted by ninefan View Post
    "Does not know" covers a lot of ground here. On the other hand, given certain information that is obvious to you in the course of the transaction, you might have "reasonable cause to believe" that you shouldn't be selling a firearm to that person.

    If they tell you they are driving up from Texas to meet you, that should probably be a "reasonable" warning flag.

    If they have their location marked on the forum as being in Kansas or something, that should probably be a "reasonable" warning flag.

    If they have out-of-state plates on their vehicle, that should probably be a "reasonable" warning flag.

    In any case like that I would definitely be asking for an Oklahoma ID. If they say no, that's fine, I have no problem walking away from a deal.

    If they mention in the course of conversation that they are a felon and they couldn't buy the gun from a dealer.... that's probably not good either.

    Just my thoughts on the matter. I'd be welcome to hearing other comments.
    Excellent points.
    My Feedback Link

    "How a politician stands on the Second Amendment tells you how he or she views you as an individual; as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded over, controlled, supervised, and taken care of." - Dr. Suzanna Gratia Hupp

  14. #14

    Default Re: Can I sell a rifle to a resident of another state...

    This post is a result of my selling a rifle to my brother in law who lives in Texas. He called three FFL's in Texas who said if he comes to OK and it is a face to face transaction, we do not need an FFL transaction.

    So then I posted this question and it looks like I do per Federal law. I went to a gunsite and found an FFL in Texas who would handle a transfer for $5 for military/law enforcement. My brother in law called the FFL to handle the deal and explained what was going on. This FFL (the fourth) again said if he was in the state and was face to face, then it could be done.

    I guess I will call ATF next week and see if I can an "official" answer.
    Any FFL's on the board care to give their expert advice on this?

  15. #15

    Default Re: Can I sell a rifle to a resident of another state...

    Here is a portion of the ATF's rules which might help; again, it would be wise to check with a local FFL in his state:

    ß 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.


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