Need some legal minds to chime in on possible sale I may make

[Mkokc]

Why are they living in Broken Arrow? Military? Do they have proof of being a Oklahoma resident such as utility bills in their name? A person can be a resident without current ID....but they really should update the ID if they live here.

As far as I know at the moment, he sent credentials for a company that does fossil and nuclear testing, I checked the company, it does exist, but that's not hard to forge, so if he's legit, he's here in the state working, do not know the time he's been here or any other details at the moment

 

[mugsy]

Here's a quote from the ATF FAQ:

Transferring/Shipping/Possession of Firearms: 4.
- May I lawfully transfer a firearm to an individual who resides in a different State?
- What if the individual resides within the same State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. § 922(a)(5)(A).

Link follows: https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

Bottom Line - no sales/transfers to a resident of another State without going through an FFL of the receiver's State of residence (with a couple of exceptions)

 

[doctorjj]

Here's a quote from the ATF FAQ:

Transferring/Shipping/Possession of Firearms: 4.
- May I lawfully transfer a firearm to an individual who resides in a different State?
- What if the individual resides within the same State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. § 922(a)(5)(A).

Link follows: https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

Bottom Line - no sales/transfers to a resident of another State without going through an FFL of the receiver's State of residence (with a couple of exceptions)

But the buyer is claiming to be a resident of OK. Your current driver's license is not necessarily proof (or disproof) of residence.

 

[Mkokc]

i agree with the above comments about there should be a transfer, but the fact that he does reside here begs to question, how long do you have to be here or do you have to aquire a OK ID to be a legal resident, I think I will cash I'm my taxpayer credit and ask my local ATF, can't go wrong that way right? Still just to many what ifs, I have zero issues transferring through ffl, but now my curiosity has gotten the best of me

 

[nofearfactor]

Im a dual state resident since 2003 but have made OK my primary (domicile). I pay OK state taxes and I also pay them (on my CA earnings only) in CA as a 'Part year resident'. My DL and CC are from OK tho- I changed my DL from CA to OK after I was here for 30 days. Still, Im a legal resident of both states.

 

[mugsy]

But the buyer is claiming to be a resident of OK. Your current driver's license is not necessarily proof (or disproof) of residence.

No, the OP says that the buyer states that he is a resident of TX who currently lives in OK. That assertion alone convinces me that a non-TX resident seller, having been made aware of this, should insist on trasnferring the weapon through a TX FFL.

 

[YukonGlocker]

Im a dual state resident since 2003 but have made OK my primary (domicile). I pay OK state taxes and I also pay them (on my CA earnings only) in CA as a 'Part year resident'. My DL and CC are from OK tho- I changed my DL from CA to OK after I was here for 30 days. Still, Im a legal resident of both states.

I'm also a dual-state resident, and don't know how that would affect a firearms purchase in the non-primary state. Does a driver's license determine what is primary? If you have a DL in one state, can you get a state ID in another state (non-DL). I've always assumed wherever I have my DL is the state I purchase in, but don't actually know if there are exceptions to this. @Gabriel42 do you know?

 

[tRidiot]

Interesting... never thought about the dual-state residency thing. I mean... if you own property in another state you could show proof of "residence", i.e., utility bills, tax bills, etc. But... I am not aware if this has been addressed by the ATF. Would be interesting to know.

 

[Gabriel42]

I'm also a dual-state resident, and don't know how that would affect a firearms purchase in the non-primary state. Does a driver's license determine what is primary? If you have a DL in one state, can you get a state ID in another state (non-DL). I've always assumed wherever I have my DL is the state I purchase in, but don't actually know if there are exceptions to this. @Gabriel42 do you know?

https://www.atf.gov/questions-and-a...tate-and-owns-property-another-state-purchase

 

[Gabriel42]

Interesting... never thought about the dual-state residency thing. I mean... if you own property in another state you could show proof of "residence", i.e., utility bills, tax bills, etc. But... I am not aware if this has been addressed by the ATF. Would be interesting to know.

"However, a firearms buyer may be identified by any combination of documents which together contain all of the required information (as long as all the documents are Government issued): name, residence address, photograph, and date of birth."

The most common form of ID we saw outside of DL/ID was a voter's registration card to prove current residence address in combination with valid DL/ID with incorrect current address.