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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


so i can sell a long gun to an out of state as long as its on a licensees premises but no official transfer is required???

You miss "temporary use"?

This is pretty clear.

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
 
This is a different section a bit farther down the page, but the last line makes it pretty clear

Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See also Question B3
 
Folks;
ANY firearm sold across state lines must be transacted through FFL dealers.
ATF FAQ #3

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.

[18 U.S.C. 922(a)(3) and 922(b)(3)]
Anyone else notice drewp didn't share who/where the FFL licencee is in this story?
 
Well what the wtf. Just so we all know I didnt sell anythinh but I did talk to the Vancouver area gun store in person and they did tell me all this. It was surprising to hear. He also said he could legally seel me any handgun knowning im a oregon resident....and this is a supporting vendor on this forum just so we all know....I actually argued with him in his store about all this....
 
You cannot buy any firearm (non-C&R, non muzzleloader) from a non-licensee resident of a state you do not reside in unless that person is an FFL licensee and sells it to you as the FFL licensee.

You can buy a long gun (rifle or shotgun) from a FFL licensee in a state you do not reside in, face to face as long as you comply with the laws of that state and the state you reside in.

You cannot buy a handgun from a FFL licensee in a state you do not reside in. If you want to buy said handgun from that FFL (or non-licensee) you need to have that FFL or other FFL in that state transfer it to a FFL licensee in your home state who will then transfer it to you.

You can send any firearm to any FFL anywhere in the country - for repair/modification, or you can sell it to the FFL (I sold a rifle to an FFL in AZ - I never met the guy). They can then send that same firearm straight back to you when they have finished repairing or modifying it.
 
Well it goes to show that even a supporting vendor of this great forum sells guns and has been selling guns improperly across state lines is not a good
 
I personally ignore any sales/trades from WA members because I don't want to deal with any grey areas. That being said, the OP was being honest and is a stand up guy. To those that said he should delete this thread.....relax. I can say or claim many things on a forum but unless someone has proof....its all talk. Buy/sell or trade stuff with same-state members. Drool/ignore other postings. Easy right?
 
That law is totally lame.

True, but it is the law. I realize that there are many that do not believe the law applies to them. Unfortunately such widespread attitude eventually results in a cummunity much like the Middle East where the biggest gun calls the shots. Hardly civilized from my personal view.
 
<- Why there aren't any school shootings in Israel!
Teacher with long gun slung over her shoulder!!!

long guns only, handguns must be in state....there is an exception for gun shows.....either way, all sales across state lines must go through an FFL.
No, there isn't any exception for gun shows!


Deen
NRA Life Member, Benefactor Level
NRA Golden Eagle member
Defender of Freedom Award


"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
 
<- Why there aren't any school shootings in Israel!
Teacher with long gun slung over her shoulder!!!

Well what the wtf. Just so we all know I didnt sell anythinh but I did talk to the Vancouver area gun store in person and they did tell me all this. It was surprising to hear. He also said he could legally seel me any handgun knowning im a oregon resident....and this is a supporting vendor on this forum just so we all know....I actually argued with him in his store about all this....
Sure he can sell it to you, BUT it must be sent via common carrier to an FFL in your home state, who then must do the transfer to you after the required background check.


Deen
NRA Life Member, Benefactor Level
NRA Golden Eagle member
Defender of Freedom Award

"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
 
True, but it is the law. I realize that there are many that do not believe the law applies to them. Unfortunately such widespread attitude eventually results in a cummunity much like the Middle East where the biggest gun calls the shots. Hardly civilized from my personal view.
I have bought 2 guns from Vancouver residents. I always use an ffl. That being said I still think the law is totally lame. I have no idea why a person who lives across a line on a map has anything to do with going through an ffl. Just another expense. I hate paying my auto/home insurance also, but I do that too.
 
long guns only, handguns must be in state....there is an exception for gun shows.....either way, all sales across state lines must go through an FFL.

You can't buy a handgun from an out of state FFL in your own state. Long guns, yes. Handguns, no.

I recently sold a handgun to a man that lives in the Vancouver, WA area. (I'm an Oregon resident) To legally do so, I had to transport (could have shipped) the gun to a dealer in the state of WA. He then transferred it to the new owner in Wa.
 
Most of the laws are antiquated and should be changed. We are in the age of computers so there is no reason the background check isnt nation wide. They do it with drivers lic. Amazing how government stands in the way of commerce.
 
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I personally don't believe anything a retailer tells me. If I questioned it I would go straight to the source in this case the ATF or call your local Sheriff's office.

It is dumb and makes no sense that I can buy a firearm from a guy 4 hours away near the canadian border, but not 10 mins across the bridge, but the law is the law and I for one will not do anything to give the gun grabbers any reason for me to lose my gun rights. Or worse get locked up away from my family.
 
Ya its a big learning experience for me...the lesson dont trust a guy that sells guns for a living. He literally told me you do not need to do a transfer for long guns. Just face to face no matter the state...he also said he would sell me a handgun no matter the state and no talk of shipping it. I think there is a disconnect somewhere.
 
sometimes i sell guns through armslist and the amount of washington state residents i get telling me it is perfectly legal to sell a long gun shotgun/rifle across state lines is crazy.
people do not seem to understand the law (i think its a dumb law) I should be able to sell my personal property to whom ever i deem fit, but regardless of my personal feelings regarding the law, I will not sell any gun to an out of state resident, it is illegal.
(if a washington state resident wants to come to an FFl in oregon to do a transfare then that is fine with me for a long gun)
for a pistol i do not need the hassle.
This is supposed to be the land of the free and we should be able to to whatever the hell we want, but we are all subjects of the system.
Do what thout will
but be prepared for the consequence.
 
Ya its a big learning experience for me...the lesson dont trust a guy that sells guns for a living. He literally told me you do not need to do a transfer for long guns. Just face to face no matter the state...he also said he would sell me a handgun no matter the state and no talk of shipping it. I think there is a disconnect somewhere.
Keep in mind that the ATF has used the mentally disabled in their schemes to entice PPL into committing crimes and then charged the person w/the mental capacity of an 8YO with felonies.
The is no telling who the person was behind that counter
 

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