Need help finding the Indiana laws pertaining to out of state long gun sales

[Justus]

I am trying to find the Indiana Code that pertains to out-of-state long gun sales between residents. There are some FB groups with IN/MI residents selling rifles and shotguns to each and I was curious if something has changed with IN law.

A few years ago the Indiana Code was worded to include "long guns" but all I seem to find now are codes for the sale of handguns.

I always thought that long gun sales between residents of different states had to go through a FFL.

 

[BiscuitNaBasket]

If it's a gun and you're selling to a out of state resident you have to go through a FFL dealer to be legal otherwise it's illegal. Long gun or handgun doesn't matter. The law applies to both.

 

[Justus]

If it's a gun and you're selling to a out of state resident you have to go through a FFL dealer to be legal otherwise it's illegal. Long gun or handgun doesn't matter. The law applies to both.

Right, that's what I have always understood it as...... with the handgun having to be transferred between FFLs no matter what state it is.
The IN code used to specify that long-guns had to go through one FFL but I'm not seeing the wording for long guns anymore.


I'm needing the actual IN Code number that pertains to long gun sales.............. if anyone knows it please post it

 

[GodFearinGunTotin]

Right, that's what I have always understood it as...... with the handgun having to be transferred between FFLs no matter what state it is.
The IN code used to specify that long-guns had to go through one FFL but I'm not seeing the wording for long guns anymore.


I'm needing the actual IN Code number that pertains to long gun sales.............. if anyone knows it please post it

You might be constrained by federal code instead.

 

[level0]

I don't have it in front of me, but it's definitely federal. It may or may not be state as well.

Private sale handgun or long gun across state lines = FFL.

Private sale long gun in state = your option.

Private sale hand gun in state = your option.

 

[Cameramonkey]

You might be constrained by federal code instead.

This. Interstate commerce, which makes it a federal issue. The feds say you MUST use a FFL.

Why the specific law? Is someone telling you that you can just do a face to face? If so they can pound sand if they wont go through a FFL IMHO.

 

[Justus]

This. Interstate commerce, which makes it a federal issue. The feds say you MUST use a FFL.

Why the specific law? Is someone telling you that you can just do a face to face? If so they can pound sand if they wont go through a FFL IMHO.

I was explaining this on one of the groups and since opinions are worthless on the internet, it would be nice to have an actual IC number.
The ATF FAQ page puts the extra wording on the GCA that mentions individual State policies.

I know that an FFL is required but.....
Some folks will always argue that IN and contiguous states can conduct private long gun sales....
and, believe it or not, there is a certain FFL up here that says it's OK too.

ETA:
IIRC, the IN code used to specify that handguns had to go through a dealer in each state but an IN resident had-to or could transfer an out-of-state long gun directly from a FFL in any contiguous state.
I am not able to find that specific wording in the Indiana Code since it looks like much of it has been rewritten.

 

[Cameramonkey]

This could be a start...

18 U.S. Code Chapter 44 - FIREARMS | LII / Legal Information Institute

http://www.fedcoplaw.com/html/federal_firearms_laws.html (see 13b)

 

[kalboy]

Those folks who say it's legal for non FFLs to sell/trade guns interstate are wrong.

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]

The below cropped from the codes listed just above appear to be what you are looking for although this is Federal not Indiana state code

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; - See more at: http://codes.lp.findlaw.com/uscode/18/I/44/922#sthash.lQQHx6QX.dpuf




https://www.atf.gov/faq-page#t386n12611

 

[MadMan66]

What about gifting a long gun? Say your brother lives in MI and you live in IN. You want to get into shooting so he gifts you one of his many shotguns. Would that need to be done through an FFL?

I only ask because my boss was asking me this question on friday, and I wasn't 100% on the legal answer.

EDIT: Never mind. I think kalboy answered it above me. Though it sounds like he could lend it to him for an unspecified amount of time... if I'm understanding that correctly.

 

[Cameramonkey]

What about gifting a long gun? Say your brother lives in MI and you live in IN. You want to get into shooting so he gifts you one of his many shotguns. Would that need to be done through an FFL?

I only ask because my boss was asking me this question on friday, and I wasn't 100% on the legal answer.

PS. Not meaning to thread-jack

It would have to go through a FFL if I read it correctly. The feds say you cant "give" and give=gift so FFL it is.

Now if your boss left it to the individual in his will it could be transferred directly as part of the estate, but thats probably a bit farther than your boss is willing to go to avoid the transfer.

 

[MadMan66]

It would have to go through a FFL if I read it correctly. The feds say you cant "give" and give=gift so FFL it is.

Now if your boss left it to the individual in his will it could be transferred directly as part of the estate, but thats probably a bit farther than your boss is willing to go to avoid the transfer.

I believe you're right. I read the code kalboy posted and that was my understanding as well. I'll let him know about the estate transfer... it might be a viable option since ones a Notre Dame fan and the other is Michigan

 

[Cameramonkey]

I believe you're right. I read the code kalboy posted and that was my understanding as well. I'll let him know about the estate transfer... it might be a viable option since ones a Notre Dame fan and the other is Michigan

And they do allow for temporary loans (like you let someone borrow it for a hunting trip), so he could also loan it to him and put it in the will and it will eventually take care of itself. Then again, IANAL and just paying the $30 to the FFL is the safer way to go.

 

[Kirk Freeman]

I always thought that long gun sales between residents of different states had to go through a FFL.

The statute you seek is not in the IC, but the USC.

Remember, if the parties are non-FFL holders and you see state lines in the fact pattern, you need an FFL to complete the transfer in the receiving team's state.

State lines=FFL

 

[Justus]

The statute you seek is not in the IC, but the USC.

Remember, if the parties are non-FFL holders and you see state lines in the fact pattern, you need an FFL to complete the transfer in the receiving team's state.

State lines=FFL

Yes, right.... what I am having trouble finding is the verbage that IN used to have in the IC that states whether or not a long gun has to go through a FFL of each state or if an Indiana resident can still go to a KY or MI dealer, buy a shotgun and drive it home. (not like a handgun sale that must go thru an FFL in each state)

 

[Libertarian01]

To All,

What a grand and glorious thing a C&R is!!! I just looove ignoring these pesky details...mostly.



Kindest Regards,

Doug

 

[Kirk Freeman]

es, right.... what I am having trouble finding is the verbage that IN used to have in the IC that states whether or not a long gun has to go through a FFL of each state or if an Indiana resident can still go to a KY or MI dealer, buy a shotgun and drive it home. (not like a handgun sale that must go thru an FFL in each state)

You want it? I'll look it up for you.

EDIT: you want to go find 35-47-5-6 (which is now repealed). I found it in my 1995 pocket code book.

Aside: you should see how skinny the 1995 code book is next to the 2014 edition.

 

[Justus]

You want it? I'll look it up for you.

EDIT: you want to go find 35-47-5-6. I found it in my 1995 pocket code book.

Aside: you should see how skinny the 1995 code book is next to the 2014 edition.

Thanks,
that one was repealed.

found this thread on gunbroker too:
https://forums.gunbroker.com/topic.asp?TOPIC_ID=607002

 

[MrSmitty]

I was in Colorado a few years ago, and I was looking at a rifle there, I mentioned that I couldn't purchase it, being that I was from Indiana. He said yes you can, Indiana changed the law from contiguous( don't know the spelling) to those states that agree to sell to Indiana residents.

 

[Justus]

I was in Colorado a few years ago, and I was looking at a rifle there, I mentioned that I couldn't purchase it, being that I was from Indiana. He said yes you can, Indiana changed the law from contiguous( don't know the spelling) to those states that agree to sell to Indiana residents.

They not only changed it, they didn't write anything at all about long gun sales.
I wonder how this dealer knew the Indiana law?

I've been reading some of the laws in other states.... Indiana is the only state (that I've seen so far) that doesn't specifically word anything in their code about long gun sales between other states.