Idaho gun sales.

[BigPimping]

I am going to Idaho this month to visit my brother-in-law. Is it legal or permissible to sell him a rifle of mine while I'm up there? I am going up there to go shooting, and he has expressed interest in one of my rifles. Just curious on the legality of this.

[Hairball]

yes

[Librarian]

... if you do the transfer at an ID FFL.

Fedlaw requires interstate transfer - here CA-resident to ID-resident - to use some FFL. Doesn't matter what ID residents may do among themselves.

[-hanko]

I am going to Idaho this month to visit my brother-in-law. Is it legal or permissible to sell him a rifle of mine while I'm up there? I am going up there to go shooting, and he has expressed interest in one of my rifles. Just curious on the legality of this.

If you need a good ffl, pm me and I can give you info on mine but he's not open Friday through Monday. Federal law permits ftf sales between residents of different states, AS LONG AS the sale is not prohibited under either resident's state laws...you lose as you're a Californian.

Your brother could sell FTF with no licensee involved to another Idaho resident. Some sellers ask for ID, others not so much.

Where you gonna' be?

[Librarian]

Federal law permits ftf sales between residents of different states, AS LONG AS the sale is not prohibited under either resident's state laws

Only if 'ftf' in this case includes using an FFL.

18 USC 922 (a)(5)

(a) It shall be unlawful—
...
(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;

In this case, CA-resident transferor, and ID-resident brother does not live in the same state. Not CA law here.

If BP were instead buying from the ID resident, then CA law would force the sale through a CA FFL.

[Ford8N]

Only if 'ftf' in this case includes using an FFL.

18 USC 922 (a)(5)
In this case, CA-resident transferor, and ID-resident brother does not live in the same state. Not CA law here.

If BP were instead buying from the ID resident, then CA law would force the sale through a CA FFL.

Curious, does California law have power outside of California?

For example, If you are staying at someones house and renting the couch for a dollar a night, are you a resident(residing in) of that state for that night?

https://www.atf.gov/questions-and-answers/qa/may-person-who-resides-one-state-and-owns-property-another-state-purchase

[htm8569]

Curious, does California law have power outside of California?

For example, If you are staying at someones house and renting the couch for a dollar a night, are you a resident(residing in) of that state for that night?

https://www.atf.gov/questions-and-an...state-purchase

Most likely no. Most states have a minimum amount of time that qualifies you as a resident. When I moved you have to be physically present in the state for 90 days to buys guns.

[baggss]

Curious, does California law have power outside of California?

For example, If you are staying at someones house and renting the couch for a dollar a night, are you a resident(residing in) of that state for that night?

https://www.atf.gov/questions-and-an...state-purchase

If you are a CA resident, then yes. But they can not force you to comply regardless of where you are.

Now would they find out if you didn't go through an FFL? Probably not. The real question is, are you willing to risk getting caught and paying the penalty if you do?

[Librarian]

Curious, does California law have power outside of California?

The Feds persistently use language like "a person who is permitted to acquire or possess a firearm under the laws of the State of his residence", so they think CA law can have some power outside CA.

Got a couple million $$, 10 years or so, and willing to risk 5 years in Federal prison? One so equipped could violate that and bring suit on the Constitutionality of that interpretation.

[rromeo]

If the Idaho resident has a concealed carry permit, then he doesn't even need a background check. You hand over your driver's license and the gun, the buyer hands over concealed permit and DL, fills out 4473, pay $20 or so and walk out.

[Ford8N]

The Feds persistently use language like "a person who is permitted to acquire or possess a firearm under the laws of the State of his residence", so they think CA law can have some power outside CA.

Got a couple million $$, 10 years or so, and willing to risk 5 years in Federal prison? One so equipped could violate that and bring suit on the Constitutionality of that interpretation.

Thanks

So we are all "owned" because we live in the Empire of California. Like it's a separate country from Free States. I think this country had a problem with that many years ago...

[sigstroker]

But he could lend it to his BIL for as long as he wants?