Out-of-state sales REMINDER

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    Scutter01

    Grandmaster
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    2   0   0
    Mar 21, 2008
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    This is just a quick reminder since we've had a few incidents reported to us.

    If you are an Indiana resident, it is illegal for you to buy/sell a firearm from/to a person from out-of-state in a face-to-face sale without going through an FFL. If someone contacts you and tells you that they are from Illinois, Ohio, Kentucky, etc. (EVEN IF THEY HAVE A LICENSE/PERMIT/FOID), your sale MUST go through an FFL.

    Even if they don't tell you, it is your responsibility to verify their residency prior to the sale.

    Selling or buying in a face-to-face transaction with no FFL is asking to spend some time in the pokey, so DON'T DO IT! Don't be surprised if you choose to ignore this warning only to learn that the person you just sold to was an ATF sting.

    YOU HAVE BEEN WARNED!

    Here are some FAQs:

    An individual may send a firearm to any FFL holder in any state.

    (Note that in the following section, a "licensee" refers to an FFL, not an LTCH)

    Q: May a nonlicensee ship a firearm by common or contract carrier?
    A: A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
    [18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]


    Q: From whom may an unlicensed person acquire a firearm under the GCA?
    A: 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]


    Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
    A: A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
    [18 U.S.C. 922(a)(3) and 922(b)(3)]
     
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    Sigblaster

    Soon...
    Rating - 100%
    52   0   0
    Apr 2, 2008
    1,208
    129
    Indy
    Good post. I'd like to relate something that happened to me a few years ago at the Indy 1500. I was walking around with an AR for a private sale, and I was approached by a guy wanting to buy it. I first asked if he was an Indiana resident and not a felon, and he said he was an Illinois resident, but he was a cop, and showed me an Illinois LEO badge, and said that made it ok. I told him I know the law, and that his LEO status meant nothing in that regard. He insisted it did, and I insisted it did not, and I would not sell to him. He haunted me for the rest of the show, trying to get me to sell it to him 2 or 3 more times. I did not. I eventually sold it to an Indiana resident who showed me an Indiana drivers license and his LTCH.

    Maybe he was legit and just ignorant of the law. But it happened to be a show where the ATF had a table, and he had a "friend" that hovered around him listening to every conversation and not saying a word.

    All I know is, I know the law, and I'm not trading commissary to protect my booty in the graybar hotel. :cool:

    Please, learn and know the law, and live by it, at least for simple things like this. I understand that there are some people who will ignore the laws in some ways, and they keep their mouths shut and eyes open. I'm ok with that. Just don't get jammed up over something stupid like an out of state sale to a stranger. The government is out there looking for this, don't let YOU be the one they find.
     
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