FTF Handgun Sales

[Acetone]

Are there state laws regarding a private FTF sale of a handgun to an out of state resident? As far as I am aware, Federal Law only regulates licensees (FFL) and therefore private sales would only be subject to state law.

Scenario:
Buddy comes down from the North and I want to sell him a handgun, legal?

 

[Texas42]

I believe that is illegal. Don't have the penal code to back it up, but I am very certain that it is a federal crime.

I'll let someone else point out the exact laws.

 

[Acetone]

Found it, nevermind.

Among other things:

18 USC Sec. 922

(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to
transfer, sell, trade, give, transport, or deliver any firearm to
any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) 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; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
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) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

 

[randmplumbingllc]

Scenario:
Buddy comes down from the North and I want to sell him a handgun, legal?[/quote]


Just GIVE it as a gift. Then he can GIVE you some cash as a gift.

Plus, who you kidding ? You got no "buddies"

Just kidding, you might have one or two. LOL

 

[Wolfwood]

Scenario:
Buddy comes down from the North and I want to sell him a handgun, legal?

Just GIVE it as a gift. Then he can GIVE you some cash as a gift.

Plus, who you kidding ? You got no "buddies"

Just kidding, you might have one or two. LOL[/quote]

hahaha

 

[wgsigs]

Just GIVE it as a gift. Then he can GIVE you some cash as a gift.

I'm not a lawyer, but I believe the exception refers to to an inheritance, thus the use of the word "bequest", not just any old "gift". I think you would have to die and leave the gun to your friend.

 

[M. Sage]

Inheritance and I thought between immediate family...

 

[Acetone]

I'm not a lawyer, but I believe the exception refers to to an inheritance, thus the use of the word "bequest", not just any old "gift". I think you would have to die and leave the gun to your friend.

You are right, but I have no plans of going that far to give him a gun.

Inheritance and I thought between immediate family...

It doesn't say anything about immediate family, he just has to legally be able to have possession of the firearm.

 

[Nate C]

It will only cost him $20-40 bucks to have it shipped from here to an FFL in his home state. Why risk all that legal grief over such a small dollar amount?

 

[Acetone]

It will only cost him $20-40 bucks to have it shipped from here to an FFL in his home state.

True, but then add the transfer fee of $30-40 at one of his local FFL's.

 

[Nate C]

Good point, but I'd still rather pay that than tangle with the dang federales.

 

[Texas1911]

True, but then add the transfer fee of $30-40 at one of his local FFL's.

It's a felony ... do you really want to risk it? How stupid would it feel to get caught and spend $25,000 fighting a felony only to have your gun rights, his gun rights, your money, guns, and everything else forfeited over $100 in FFL fees?

The law is bullshit, but until it get's changed you had better be sure you are willing to risk the consequences.

 

[Acetone]

It's a felony ... do you really want to risk it? How stupid would it feel to get caught and spend $25,000 fighting a felony only to have your gun rights, his gun rights, your money, guns, and everything else forfeited over $100 in FFL fees?

The law is bullshit, but until it get's changed you had better be sure you are willing to risk the consequences.

I agree with you. After I found the law, my idea of gifting went away. I was merely pointing out that the transfer wouldn't cost $25 shipping.