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Jason762
04-05-2009, 9:32 AM
What are the rules regarding a person to person transfer (is that what it's called) in a state where legally allowed?

In Alaska, I could sell, buy, trade any firearm (as long as there wasn't a required $200 tax stamp on it) legally to any other person as long as they were:

1) Over 18 (or 21 for handguns)
2) An Alaskan resident
3) A non-felon

Is this the same in other states? I know it's not in CA, IL, NY.

I.E. a guy wants to trade a Glock 21 for a 1911 in Nevada. I'm an Alaskan resident who has a 1911 that wants a Glock.

Can I legally go to NV, give him my 1911 for his Glock? Or do I only have this right in Alaska?

Thanks
Jason

DDT
04-05-2009, 9:42 AM
Man, you've gone from the state with the best firearms laws to the state with the worst.

Actually Federal law, this time, is the problem. Federal Law requires the use of an FFL for interestate handgun transfers. Federal law also requires that you follow the laws of your state of residence on any interstate long arm transfer. This means there are NO transfers in the state of California without an FFL other than guns 50 years old or older OR if it is an Operation of Law transfer. OpLaw transfers are essentially bequests and grandpaerent, parent, child transfers (not sibling.)

Vin496
04-05-2009, 9:46 AM
FTF(Face to Face) sales are allowed in many States, but both parties must be residents of the same State.

Federal Law requires that all gun transactions between States, go through an FFL of the buyer's state.

There are long guns exceptions, many States will allow rifle sales to residents of neighboring States. This is allowed only if both States allow this.

So for example a resident from Arizona is in Nevada and want to buy a shotgun, he can. A resident from California is in Nevada and wants to buy a shotgun, no can do, as California does not allow it.

Jason762
04-05-2009, 10:02 AM
Man, you've gone from the state with the best firearms laws to the state with the worst.

I know, tell me about it! :mad: You want gun-heaven. Imagine going to a gun show... in a high school... and a table of class III firearms! :eek:

There are long guns exceptions, many States will allow rifle sales to residents of neighboring States. This is allowed only if both States allow this.

So for example a resident from Arizona is in Nevada and want to buy a shotgun, he can. A resident from California is in Nevada and wants to buy a shotgun, no can do, as California does not allow it.

I see. And since Alaska has no neighboring state, no such luck, eh?

Vin496
04-05-2009, 10:41 AM
I see. And since Alaska has no neighboring state, no such luck, eh?

Well, that is the biggest issue, but even it it did have some State attached, it would also depend on the laws in the attached State.

Remember this is for rifle/long guns only. Handguns still need to go through an FFL in the buyer's State.

Jason762
04-05-2009, 10:44 AM
Roger, I gotcha. Sucks I can't do firearm transactions in the lower 48, guns (especially ammo - holy cow!) are expensive!

DDT
04-05-2009, 1:03 PM
Federal Law requires that all gun transactions between States, go through an FFL of the buyer's state.


Actually it can be the sellers state. As I read 18 USC 922 it is a limitation on the FFL. So, while it would certainly be legal to ship a gun to (or carry one into) another state and then have the gun sold to a resident of the new state; it is not required by the law. By law an FFL in state A can sell a long gun to a resident of state B as long as they follow all the applicable laws in both states.

Here is the law:
18 USC 922(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) under 18
(2) a prohibited person

(3) any firearm to any person who the licensee 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 licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

So, if you have your AK ID you could buy a gun at a gun show in AZ or NV as long as you to a "Person to Person" transfer with a local FFL.

Quiet
04-05-2009, 5:18 PM
So, if you have your AK ID you could buy a long gun at a gun show in AZ or NV as long as you to a "Person to Person" transfer with a local FFL.

Fixed.

Handguns need to be transfered through a FFL dealer in the buyer's state.

DDT
04-05-2009, 6:16 PM
Fixed.

Handguns need to be transfered through a FFL dealer in the buyer's state.

Thanks, that is correct. AFAIK

bohoki
04-05-2009, 8:19 PM
so say a nevadan comes and wants to buy my 1911 can we both go to a california ffl and do a ppt or does he need a california id to be drosed

DDT
04-05-2009, 8:21 PM
He needs a CA ID to be DROSed. A more interesting question. Can he come here and sell you his 1911? I think Gary is working on that one right now and it looks promising.