Can Oregon, Washington or a Californian resident legally buy/sell firearm to private party in Idaho?

[mikemenzie]

Not true!! Long guns can go through an FFL in the seller's state. eg Washington resident buys Oregon residents's rifle at Oregon FFL. Perfectly legal. Just did it two days ago. And about a month ago, and a few times last year,...

Correct, I meant that you can't just walk it across the border by yourself and sell private party with no FFL in buyer's home state. Thanks for the clarification, bud.

-Mike

 

[justcuz]

Quite interesting all the rhetoric from members being slung, from the hip i might add, without any type of viable ID or FED statutory cite to prove a nonresident can sell/buy from a Idahoian!

Further, not one forum member even quantified the OP's inital commentary about the sale, e.g., to a minor; to relatives, out in the ID boondocks; to a stranger; to a life long friend; etc.

Each facet i just mentioned has a viable, but different outcome.

Let's see now how would the conversation go...

Yo Joe Idahoian, visiting this hear shoo'g range, an I wanta sell/purchase/trade this hear/that there LG or handgun [curio or new or] to/from ya...whatcha say?

Uh, huh ya'll go screaming towards the light...

Just an observation, cuz.

 

[Unka-Boo]

https://www.gpo.gov/fdsys/pkg/STATUTE-82/pdf/STATUTE-82-Pg1213-2.pdf


Better?

Again, it's pretty damn simple. If you are both residents of different states you cannot do a FTF transaction.

But by all means, do whatever makes you happy.

 

[justcuz]

R O F....nice cite, the 1968 version...amended numerous times since...
https://www.atf.gov/file/11241/download

18USC 922.xxx cited is applicable to FFL, etc, activities not private citizens.

So...dog gone it...ID statutory 'seems' to be void of substance on the subject of firearm transactions between >21 yo private citizens. [ID 18-3302A is quite explicit on sales to < 18 yo]

Like previously stated...a lot of rhetoric but no viable statutory substance and not any quantifying criteria on the OP's intent on whom buyer/seller was.

 

[slimmer13]

Quite interesting all the rhetoric from members being slung, from the hip i might add, without any type of viable ID or FED statutory cite to prove a nonresident can sell/buy from a Idahoian!

Further, not one forum member even quantified the OP's inital commentary about the sale, e.g., to a minor; to relatives, out in the ID boondocks; to a stranger; to a life long friend; etc.

Each facet i just mentioned has a viable, but different outcome.

Let's see now how would the conversation go...

Yo Joe Idahoian, visiting this hear shoo'g range, an I wanta sell/purchase/trade this hear/that there LG or handgun [curio or new or] to/from ya...whatcha say?

Uh, huh ya'll go screaming towards the light...

Just an observation, cuz.

Are you being serious

This is all super basic stuff

May an unlicensed person acquire a firearm under the GCA in any State? | Bureau of Alcohol, Tobacco, Firearms and Explosives

How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source? | Bureau of Alcohol, Tobacco, Firearms and Explosives

 

[rupey7]

R O F....nice cite, the 1968 version...amended numerous times since...
https://www.atf.gov/file/11241/download

18USC 922.xxx cited is applicable to FFL, etc, activities not private citizens.

So...dog gone it...ID statutory 'seems' to be void of substance on the subject of firearm transactions between >21 yo private citizens. [ID 18-3302A is quite explicit on sales to < 18 yo]

Like previously stated...a lot of rhetoric but no viable statutory substance and not any quantifying criteria on the OP's intent on whom buyer/seller was.

So why don't you enlighten us all with the correct answers rather than simply punch holes in others responses?

 

[Unka-Boo]

Because internet.

 

[justcuz]

Are you being serious
This is all super basic stuff
1. May an unlicensed person acquire a firearm under the GCA in any State? | Bureau of Alcohol, Tobacco, Firearms and Explosives

2. How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source? | Bureau of Alcohol, Tobacco, Firearms and Explosives

Perfectly serious, and truly sorry everyone is wrapped about the axel but i succiently stated the commentatry being espoused is unverifiable rhetoric because the OP hasn't delineated the private citizen, buyer/seller, so even the nonsense thrown out of being super basic stuff...isn't.

1. Generally, a person may only acquire a firearm within the person's own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser's State of residence and the licensee's State of business. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

2. An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.

Oh dear...Unlicensed Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives Has a whle gaggle of useful information...including
What constitutes residency in a State?
For Gun Control Act (GCA) purposes, a person is a resident of a State in which he or she is present with the intention of making a home in that State. The State of residence for a corporation or other business entity is the State where it maintains a place of business. A member of the Armed Forces on active duty is a resident of the State in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member's permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained.

[18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]

May a person who resides in one State and owns property in another State purchase a firearm in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.

[27 CFR 478.11]

The cite i mentioned previously https://www.atf.gov/file/11241/download has 237 pages of super basic stuff and it is but one of the ATF's material guides available over the internet.

 

[Unka-Boo]

The OPs question is whether there can be a FTF transfer ( I read that as sale, maybe you aren't?) in ID to a person from another state.
Sure, your friend from another state can borrow whatever....buying it is a different story....
So.....where does that change?

 

[User 1234]

To analyze any particular transaction yes the details would be critical. Lilhigbee is right about purchasing a long gun at an out of state FFL. RCW 9.41.122: Out-of-state purchasing.

 

[mikemenzie]

It was mentioned that there are exceptions. The difference between FFL and FTF were mentioned. The 7th post seems to me to have some mighty important info...

Should we all cite law verbatim as applies to the specified question, following an intensive questioning of the OP on specifics of the question? Maybe. Is this a web forum that generally has a more relaxed atmosphere than that? Yeppers peppers. Is the OP able to google it? Yeppers. Is the mr. complainy pants able to simply post helpful information instead of jumping on folks for communicating in a relaxed atmosphere where none of claim to be legal representatives? Yeeeep.

 

[justcuz]

The OPs question is whether there can be a FTF transfer ( I read that as sale, maybe you aren't?) in ID to a person from another state.
Sure, your friend from another state can borrow whatever....buying it is a different story....
So.....where does that change?

I never advocate, especially on a public monitored forum, skirting the law, but it did take 40 years for ATF to track down a vet...Vietnam War hero sentenced to 7 years for decades-old rifle purchase: report

 

[User 1234]

(Begin middle school spectator chant) Fight! Fight! Fight!

 

[Unka-Boo]

(Begin middle school spectator chant) Fight! Fight! Fight!

Meh....non answer is non answer.

 

[csa_ap_hill]

Don't say nuffin geeez lol As Nike says Just do it.

 

[csa_ap_hill]

As far as I know in a sporting arms store yeah even in Idaho a background check is required, once passed the person can legally own and take it back home to what ever state they came.
Privately Yeah who cares no background check required nor should it be. It's private!!!!! geez.

 

[Unka-Boo]

As far as I know in a sporting arms store yeah even in Idaho a background check is required, once passed the person can legally own and take it back home to what ever state they came.
Privately Yeah who cares no background check required nor should it be. It's private!!!!! geez.

And again....missing the point....If one of you is not a resident of ID, you can't legally do a private FTF sale.

I usually don't give a rats butt about threads like these, but wow....

All of these big quotes and arguing....and yet...none of what was shown had anything to do with the scenario presented in the first post.

The 68 GCA uses the commerce clause to regulate interstate sales of firearms. Intrastate sales aren't. ( talking private sales of used between individuals....all new must go through FFL, per the act )

If two people don't live in the same state, the sale between them is interstate, so use of an FFL and a BGC is required.

Yet the only "reply" was an article about some guy who had an illegal MG....

Yes, it's a complicated cluster-F of a law, but this part os pretty damn easy to remember.

But if y'all wanna say F-it and play " I won't get caught", whatever, it's your decision.

FWIW, I happen to completely disagree with the NFA and GCA and want them repealed, but for now, we are stuck with them and if I want to retain my rights, I have to follow the BS.

 

[ma96782]

I'm not a lawyer. Nor do I play one on TV. So here goes......

Buying from an FFL dealer (your typical store/pawn shop). The FED LAW has an adjoining states rule* for rifles. While handguns have to go through your home state FFL before you take possession.

But then.....there are state and local laws that must be followed. And, they vary.

So, some states might by law, out and out prohibit any transfer of a rifle to a non resident. Not speaking of FFL to FFL transfers, as that would run a fowl of the inter state commerce laws.

LOL....but then CA. Cough, cough. I've heard.....that an FFL from other than CA, must first be registered with the CA's DOJ, in order to send a firearm to a CA FFL. Some FFLs just refuse to send firearms to a CA buyer's FFL. And, a CA FFL may not want to receive a firearm from a private party (by CA law or just because).** Note that I said, "I heard". At any rate, me personally, I wouldn't want to deal with anyone from CA (speaking of firearms, ammo and related articles i.e. hi capacity magazines).



Then......an FFL can always just refuse to do business with someone that they don't want to deal with. Say, someone who is, "off his rocker" or just _________. Not speaking about racial or sex discrimination stuff.

OK, Ok, ok.......Rrrrright.......age discrimination. Bi-Mart and Dick's not wanting to sell a rifle or ammo to anyone 18-20 (speaking about non-prohibited persons). Hopefully, that situation will be solved soon.

*Adjoining state.....states that actually share a border.
**Actually, it's best to check if a receiving FFL will accept firearms from pvt parties, regardless of state.

Aloha, Mark

PS......you pvt sale.....hint: read up on what is a resident.

 

[mikemenzie]

I usually don't give a rats butt about threads like these, but wow....

All of these big quotes and arguing....and yet...none of what was shown had anything to do with the scenario presented in the first post.

The 68 GCA uses the commerce clause to regulate interstate sales of firearms. Intrastate sales aren't. ( talking private sales of used between individuals....all new must go through FFL, per the act )

If two people don't live in the same state, the sale between them is interstate, so use of an FFL and a BGC is required.

Yet the only "reply" was an article about some guy who had an illegal MG....

Yes, it's a complicated cluster-F of a law, but this part os pretty damn easy to remember.

But if y'all wanna say F-it and play " I won't get caught", whatever, it's your decision.

FWIW, I happen to completely disagree with the NFA and GCA and want them repealed, but for now, we are stuck with them and if I want to retain my rights, I have to follow the BS.

This has been said more than once, and is supported by the laws and references that have been cited in this thread also. Maybe if you say it a few more times, It'll be enough Thanks for trying to be informative.

 

[justcuz]

Don't say nuffin geeez lol

As Nike says Just do it.

[/QUOTE='csp_ap_hill, member: 41512"]

Privately Yeah who cares no background check required nor should it be. It's private!!!!! geez. [/QUOTE]

Nicely said & about time!