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View Full Version : legality of non ffl to non ffl longarm transaction



blobman
08-17-2011, 07:30 PM
can i (being a citizen of missouri) ,legally sell a rifle to a citizen of kansas..........neiter of us hold ffl lisenceses(sp)?

mriddick
08-17-2011, 07:34 PM
If you ask the BATF they will say you can only sell to someone of your own state.

blobman
08-17-2011, 07:35 PM
yeah,thsats what a local gunsite says ,but i got a buyer who says otherwise(and has talked to his ffl who says the same thing(otherwise)

Krupski
08-17-2011, 07:56 PM
can i (being a citizen of missouri) ,legally sell a rifle to a citizen of kansas..........neiter of us hold ffl lisenceses(sp)?

Personally, I will not do a FTF transfer unless I personally know the person. So, legal or not, I would not do a non-FFL transfer to someone out of state.

Now legally, I think FTF has to be:

* Legal in your state
* Done with a resident in the same state

I may be wrong, so don't quote me.

As far as "the law" is concerned, my first inclination is to say "screw the law" and do it anyway. But, you may end up selling to a scumbag BATFE rat and land yourself in trouble.

Summary: Either don't do the transfer at all, or if you do, go through an FFL. Cover your ass.

btcave
08-17-2011, 07:59 PM
If the transaction takes place face to face, you should be good to go... but since the ATF makes their own rules, research it.

imanaknut
08-17-2011, 08:09 PM
Many states allow face to face sales of long guns to people in adjoining states.

Gunner1558
08-17-2011, 08:12 PM
Smells a bit.

Do you know the individual that wants to buy the firearm?

I hate to come across as paranoid, but it might be a set-up.

Warthogg
08-17-2011, 09:04 PM
Smells a bit.

Do you know the individual that wants to buy the firearm?

I hate to come across as paranoid, but it might be a set-up.

Agree.


Wart

Ronwicp
08-17-2011, 09:36 PM
Is there a law/rule that says you must check ID?

circuits
08-17-2011, 09:42 PM
Legally no. Federal law forbids firearm transactions between residents of different states without an FFL.

"bordering states" provisions used to apply to the sale of long guns by licensees only, and went away in 1986, anyway.

If you sell face to face to a non-FFL resident of another state, you are committing a federal crime.

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Kadmos
08-17-2011, 11:55 PM
You could have sold it to him in Missouri had you not known he was from out of state, but now that you know it really should go through an FFL.

So long as you do not have knowledge that a obvious adult is not a out of state resident nor a felon you are allowed to do a face to face in Missouri.

But if you know that information then it is a crime. It really is best to simply ask "Are you a Missouri citizen? and are you a felon?". But so far as I know you are not actually required to ask.

Edit: that is the State off Missouri law. As to federal law I don't know if you are required to ask or not.

insider
08-18-2011, 02:44 AM
You can do an in-state transfer, long gun only, if your state law allows FTF transfers. You still have to verify the person is a state resident, and not a felon. Be careful!

l921428x
08-18-2011, 03:24 AM
You can do an in-state transfer, long gun only, if your state law allows FTF transfers. You still have to verify the person is a state resident, and not a felon. Be careful!
How about gifts? what is the issue here?

insider
08-18-2011, 05:36 AM
How about gifts? what is the issue here?
Gifts would be considered a FTF transaction.

El Laton Caliente
08-18-2011, 06:58 AM
You guys worry too much...

Krupski
08-18-2011, 10:43 AM
Smells a bit.

Do you know the individual that wants to buy the firearm?

I hate to come across as paranoid, but it might be a set-up.

Knowing the kind of shit BATFE pulls, it's not "paranoid", it's "very reasonable caution".

Krupski
08-18-2011, 10:44 AM
You guys worry too much...

So I guess then Randy Weaver and David Koresh didn't worry enough...... ?

O.S.O.K.
08-18-2011, 11:28 AM
In-state handgun face to face sale is legal too. There is no distinction to my knowledge between rifle and handguns in-state. Not in Texas anyway.

Now, you can't make a handgun purchase out of your state even from an FFL - it must be handled by an in-state FFL. Long guns are fine being purchased in another state though - through an FFL.

Stupid shit for sure. But it is what it is.

And then there's the local laws.

blobman
08-21-2011, 08:16 AM
i sold it to someone her locally (mo resident) anyhoo

O.S.O.K.
08-21-2011, 09:14 AM
i sold it to someone her locally (mo resident) anyhoo

Right. Gotcha ;) We got yer six. :)

Warthogg
08-21-2011, 04:15 PM
So I guess then Randy Weaver and David Koresh didn't worry enough...... ?

No schitt.


Wart