If some one from Kansas wants to come to Tulsa to buy a pistol from me can I sell it to them? Or is it illegal to sell it to an out of stater? This would be a FTF transaction between wo private parties. I know I should not be asking for legal advise from a web forum but if some one could point me in the right direction to find out I would appreciate it. Thanks.
All the info you need on the subject is posted on the ATF website:
http://www.atf.gov/firearms/faq/unlicensed-persons.html
http://www.atf.gov/firearms/faq/unlicensed-persons.html
And I'm sure it will get worse. You might check with your LGS about sending it to his LGS.
Thank You!
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]
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]
Reddog can't transfer a pistol to a non resident either, since the buyer is from Kansas, the pistol would have to go through a Kansas FFL.
The relevant info is above - do not go through with this sale in the manner you described. If he wants it - ship it to an FFL holder in his state.
I just call ATF , did a sale today / moderated it and called em to make sure rules haven't changed
It's not worth the worries Fenix. Someone local will buy it eventually.
