One for the lawyers: out of state sales

[mk2ja]

EDIT:
ATM found the answer! Check out post #8. Link: https://www.indianagunowners.com/forums/showthread.php?p=2535284#post2535486
Thanks all!
:EDIT

Interesting hypothetical situation I pondered earlier tonight:

Suppose two Indiana residents meet out of state and want to transfer ownership of a firearm and some other good, perhaps cash, even up. Would it be legal?

An example where this might be possible would be if somebody from Vincennes wanted to transact a gun with somebody from East Mt. Carmel and the closest place to meet between them is in Illinois.

And so we're not just dealing with Illinois, what if the people are from Tobinsport and Cannelton, which makes the easiest place to meet in Kentucky instead of Indiana.

 

[Mgderf]

Great question. Not that I'd ever find myself in that situation, but interesting regardless.

 

[mk2ja]

Great question. Not that I'd ever find myself in that situation, but interesting regardless.

Agreed that it is a very uncommon situation. I think we all will agree that this *should* be legal, but I have no idea if it really is. Which laws would apply? Unlikely that Indiana law covers it, so Illinois/Kentucky/Colorado/wherever-two-Hoosiers-meet law? Though unlikely, two Hoosiers could conceivably meet in almost any state and want to swap guns and money while on vacation. Could even be a couple of retired RVers crossing paths.

 

[printcraft]

Officially? I would say you have to follow the rules of the state you are in.

 

[cobber]

Law of the jurisdiction.

When in Rome...

 

[canav844]

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Q: To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Based on the ATF FAQ it's where they are a resident of. But you're going to need to verify those cited code before doing this.

And really get the IL example out of there, we need to take this boycott of the one non-carry state seriously!

 

[ATM]

Illegal.

You could do the transfer via an FFL out of state only if it was a long gun and met both states' requirements.

Next one down in the same link above:

Q: 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]

 

[03A3]

The Revenuers are afraid to go past Rocky Point so you might as well stay up around Tobinsport.
The Tobinsport ferry closed in the 50's.

 

[Hogwylde]

Law of the jurisdiction.

When in Rome...

So, If I get stopped for.....speeding in Illinios.....I can get a ticket for not having a license plate on the front of my vehicle because that state requires it and mine doesn't????

 

[mk2ja]

Illegal.

You could do the transfer via an FFL out of state only if it was a long gun and met both states' requirements.

Next one down in the same link above:

Thanks, ATM! I didn't even have to take your name in vain to get you in this thread, did I?

 

[Kirk Freeman]

OK, so why are we making a run to the border?

 

[Bapak2ja]

OK, so why are we making a run to the border?

It is a relevant concern, not just a "run for the border." For example, consider their hypothetical scenario. My brother lives in North Carolina and I am in Fort Wayne. We were born in Tennessee. So, my bother and I meet in Tennessee to visit the old homestead and swap stories. He tells me about serving as a cop in Fort Wayne back in the day and shows me his Smith & Wesson .38 police revolver. I like it because of the sweet trigger, so I swap my Ruger SP101 .357 magnum thumb-buster for it. Just a couple brothers enjoying life. But we are now felons if I understand the laws.

Bummer and balderdash! The Second Amendment has been abrogated!

 

[03A3]

Good question. 166 is a pitiful road, but it will still get you to Cannelton. You might have a bent rim or broken strut when you get there, but....

 

[marv]

Here's another hypothetical for you: I live in Gatchel, IN. While at the Nat Gun Day Show in Louisville, KY I find a handgun I can't live without. The dealer is from Indy, IN. Can that dealer sell me that gun at that location on that day??

 

[CarmelHP]

Agreed that it is a very uncommon situation. I think we all will agree that this *should* be legal, but I have no idea if it really is.

Huh? Why should it be illegal?

 

[ATM]

Here's another hypothetical for you: I live in Gatchel, IN. While at the Nat Gun Day Show in Louisville, KY I find a handgun I can't live without. The dealer is from Indy, IN. Can that dealer sell me that gun at that location on that day??

Might be able to take your money and give you a receipt for it there (sell it), but you would still have to receive the handgun from him (or another FFL) within your resident state of Indiana.

 

[ATM]

Huh? Why should it be illegal?

I think you just misread. That's not what he said in your quote.

 

[CarmelHP]

I think you just misread. That's not what he said in your quote.

I certainly did, my apologies for brain fart.