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Been dealing with this recently with my father who lives in Kalifornia. Interstate transfers must go through an FFL.G.A. Heath wrote:Not legally. Federal law requires all transfers between parties in different states to go through an FFL, with handguns having to be transfered in the state of the buyer. The Oklahoma resident can bring the handgun to a Texas FFL where you can have it transfered to you but you can't have it transferred to you in Ok.
Having zero legal knowledge to base this on my guess would be...stroguy wrote:Then a follow up curiosity question; who is in bigger trouble? Seller or buyer?
Thanks for the inputs friends.
IANAL applies: Assuming the seller knows, they both committed crimes. If the seller did not ask, then it could be construed as "willful ignorance", since a "reasonable person" would ask.stroguy wrote:Then a follow up curiosity question; who is in bigger trouble? Seller or buyer?
(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms, or in the course of such
business to ship, transport, or receive any firearm in
interstate or foreign commerce; or
3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;
(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;
I was under the understanding that the BATF did not care whether the buyer was even a US Citizen...why would they care if they were out of state?olafpfj wrote:Having zero legal knowledge to base this on my guess would be...stroguy wrote:Then a follow up curiosity question; who is in bigger trouble? Seller or buyer?
Thanks for the inputs friends.
The seller can claim ignorance of the buyers disposition and it would be the buyer who actually transported the firearm across state lines. Vice versa if it happens in the buyer home state.
Pure unfounded speculation though. This would make sense to me but then again we are talking about the BATFE so it must be something contradictory and horribly confusing I'm sure...
They are a gov't agency. Please don't make the mistake of expecting them to make sense.Shinesintx wrote:I was under the understanding that the BATF did not care whether the buyer was even a US Citizen...why would they care if they were out of state?olafpfj wrote:Having zero legal knowledge to base this on my guess would be...stroguy wrote:Then a follow up curiosity question; who is in bigger trouble? Seller or buyer?
Thanks for the inputs friends.
The seller can claim ignorance of the buyers disposition and it would be the buyer who actually transported the firearm across state lines. Vice versa if it happens in the buyer home state.
Pure unfounded speculation though. This would make sense to me but then again we are talking about the BATFE so it must be something contradictory and horribly confusing I'm sure...
No I didn't do the 629, so I did get an SKS, a 10/22, an automatic blade dispensing knife, a holster for my 442 and some reprinted Army manuals. I'll find a 629 another day. Oh and some P38 can openers. The wife threw my other ones out when they got a hint of rust. She ain'tnotno survival kind of chick.03Lightningrocks wrote:I am not saying it is a good idea to do something like that, but.... I know if I did, I sure as heck would not run down to my local law enforcement agency and tell on myself. I am fairly certain that is the only way they would ever know.
stroguy wrote:No I didn't do the 629, so I did get an SKS, a 10/22, an automatic blade dispensing knife, a holster for my 442 and some reprinted Army manuals. I'll find a 629 another day.03Lightningrocks wrote:I am not saying it is a good idea to do something like that, but.... I know if I did, I sure as heck would not run down to my local law enforcement agency and tell on myself. I am fairly certain that is the only way they would ever know.
stroguy wrote:Sorry, it was a gun show dealio here in OKC. He and I were hinting on going to the parking lot and doing a deal.
stroguy wrote:Then a follow up curiosity question; who is in bigger trouble? Seller or buyer?
Thanks for the inputs friends.