gun sale question

[surpip]

so say i have a pistol that is registered to me in CA, i take it with me on a flight to OK, and while shooting someone offers to buy it from me. Face to face transfers are ok in OK so can i do it? IF thats legal, how do i take the gun out of my name in CA?

[tdc57]

Tagged for explanation..

Great question..

[sierratangofoxtrotunion]

I'm not an expert on this ****.

I would guess that it would need to go through an FFL. In my head I'm comparing it to if somebody in NV or AZ was selling a C&R rifle and drove out here and sold it to you FTF. In that case because the gun *actually* is coming from another state it needs the FFL. Back to your scenario, if you agreed to sell the gun to this guy before you left, and then flew out and met the guy, although yes you're face to face in that other state, the transaction is happening across state lines.

I'm ready to be told I'm 100% wrong now.

[Mike's Custom]

Yes, as long as you followed that states transfer laws, you can sell it but then you would have to file a "Notice of No Longer In Possession" (http://caag.state.ca.us/firearms/for...46NLIP0209.pdf). You would also be required to check the persons ID and you should record the ID # for your own protection.

[surpip]

Yes, as long as you followed that states transfer laws, you can sell it but then you would have to file a "Notice of No Longer In Possession" (http://caag.state.ca.us/firearms/for...46NLIP0209.pdf). You would also be required to check the persons ID and you should record the ID # for your own protection.

awesome i was hoping that was the case

[RP1911]

No not awesome.

It has to go through an FFL. Since your state of residence is CA and the buyer's is OK.

[Librarian]

No not awesome.

It has to go through an FFL. Since your state of residence is CA and the buyer's is OK.

Right - interstate transfer (and that's what this would be, a CA owner selling his gun to an OK resident) generally requires the OK-FFL with very few exceptions.

That OK FTF law is fine, if both parties are OK residents.

See http://wiki.calgunsfoundation.org/in...rms_Interstate

[Mike's Custom]

Like I said, you would have to follow their laws. I don't keep track of their laws.

[Librarian]

Like I said, you would have to follow their laws. I don't keep track of their laws.

In this case, it's Federal law that applies.

[taloft]

This is a title 18 issue, Federal Law.

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html

There are a couple of rare exceptions but, you usually have to go through an FFL.

Librarian beat me to it.

[surpip]

so what happens if i sell the just, and just submit the notice of no longer in possesion form?
how will they tell how i sold it?
I mean if i went through a FFL in OK would they check thier records?

[surpip]

If you checked the Transferred Firearm Out of State box, list the name and address of the person who purchased/ obtained the firearm and the date of the sale or transfer, and the name, address, telephone number and, if known, the FFL# of the firrearms dealer(s) who conducted the sale/transfer. You must also attach any relevant documentation of the sale or transfer, such as a sales receipt

so what if i don't know the ffl #?

[JDay]

Yes, as long as you followed that states transfer laws, you can sell it but then you would have to file a "Notice of No Longer In Possession" (http://caag.state.ca.us/firearms/for...46NLIP0209.pdf). You would also be required to check the persons ID and you should record the ID # for your own protection.

WRONG! Federal law requires a transfer between two people who are not a resident of the same state to go through an FFL.

[JDay]

so what happens if i sell the just, and just submit the notice of no longer in possesion form?
how will they tell how i sold it?
I mean if i went through a FFL in OK would they check thier records?

What if you ended up in federal prison?

[Quiet]

Federal laws prohibits firearms transfers between residents of two different states, unless the transaction goes through a FFL dealer in the buyer's state of residence.



US Code Title 18 Part 1 Chapter 44 Section 922