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Need some input!

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  • Tdevil76

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    I live in Pensacola.
    I have a gun up for sale, possible trade.
    I've seen numerous disclaimers for selling to FL residents only...but, I have an Alabama resident who wants to trade even. Gun for gun.
    Just looking out for myself here and don't want to do something only to later find out it was illegal. What say you?
    Thanks in advance.
     

    Va boy

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    Gotta go thru an FFL if you are a resident of one state and the buyer is a resident of another
     
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    TennJeep1618

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    Interstate sales must go through an FFL.

    Handguns must be transferred in the state of the receiving party, long guns can be transferred in either of the adjoining states.

    Disclaimer: I'm not an attorney or an ATF agent, but I've done lots of research on the subject.
     

    Overtime

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    Yep, need to go through an FFL, but I'm sure there's a few dealers here would make you a really good deal, especially if the buyer is a fellow forum member
     

    Skippy02

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    Rifles or long guns aren't an issue but handguns are to be "sold" thru ffl's if 1 party lives in another state.

    Sent from my XT1080 using Tapatalk
     

    MAXman

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    Id check that last part.
    That's been discussed before.
    To me, it's half an hour and 20$. The 20 is for piece of mind. The drive doni can kareoke mastadon without being judged.
     

    Stagman

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    https://www.atf.gov/qa-category/unlicensed-persons

    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 purchaser's 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 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)]


    What constitutes residency in a State?

    The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his 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. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

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

    Q&A Category:
    Unlicensed Persons
     

    TennJeep1618

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    https://www.atf.gov/qa-category/unlicensed-persons

    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 purchaser's 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 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)]


    What constitutes residency in a State?

    The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his 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. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

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

    Q&A Category:
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    Right. From what I understand, the only reason a long gun can be transferred in either of the adjoining states is because of the fact that residents of one state can go into a gun shop in the other state, purchase a long gun and walk out with it.
     

    Snow Bird

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    This is all a big mess to me. Go into Wallmart and they will show you a map of the states they can sell a long gun to. That list has nothing at all to do with states next door to your state.

    Also it would seem if you live in a state 90 days you are a resedent(sp) and would have nothing to do with haveing a drivers lisence in that state.
     

    Little Jack

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    Careful with some of these rules. I've talked with several guys who thought it was ok to transfer long guns to someone from an adjoining state. That law was changed a long time ago. The FAQ page is a good resource on the AtF site. The ffl transfer is a cheap peace of mind for both involved....... Until background checks go away....... Or not.
     

    Seanpcola

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    I just err on the safe side. I don't even want to jam my brain with more, possibly wrong information. I've been told 5 different stories on this stuff from 5 different gun shops.

    Do the transfer, the $20 or whatever is so much cheaper than paying off Bubba in prison to keep your virginity.
     

    JohnAL

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    Yeah, there are gun shops around that give out the wrong info. It won't be them that goes to jail.

    Write this down.

    There is no legal way for two unlicensed individuals to do any firearms deal across state lines except through a FFL dealer.
     

    Snow Bird

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    Ok I am not up on this kind of suff so let me ask. Do you have to go through the state of the person selling or the person buying or both states.
     

    Stagman

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    Ok I am not up on this kind of suff so let me ask. Do you have to go through the state of the person selling or the person buying or both states.

    If you are selling a pistol to an out of state resident let's say Florida then you have to do the transfer in Florida. If you are selling a long gun to a Florida resident then you can get the transfer done in Alabama.
     

    Little Jack

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    The transfer is done in the Buyer's state for a Handgun. Can be done in either state for a long gun(assuming no other local rules are being violated).

    the seller can transfer (ship it(through FFL or not) or deliver it) the firearm to the Buyer's FFL if it's in a different state, the FFL does the necessary paperwork.
     

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