Rules for private FTF sales

[jbarnett]

I do not do bills of sale, or any other sort of paperwork.. If I wanted to give my information out, I would fill out a 4473 at a gun store.

+1
I am not giving out my drivers license info to anyone. I wouldnt mind showing it for age and residency but I don't want to end up a victim of ID theft.

 

[KLEMMTHAMM]

You should always "CYA" with a receipt with the other persons info.
With all this gunrunning nonsense in the news.
If you private sale to an individual from another state without verifing they are an Ok. resident.
You could wind up on the 6 o'clock news.
18 years for rifle & shotgun or
21 years old for handguns and an Okla. resident.
It's been the law since 1968

You do not have to be 21 for handgun purchases/ownership in the State of Oklahoma unless you are buying from a FFL (I bought my first pistol when I was 19)... although you can't CC until 21... just thought I would let you know.

 

[mr ed]

Federal law must be 21
Federal law supersedes okla law.
Provisions of 68 GCA apply to everybody not just FFLs
Read it, there are a lot of restrictions that apply only to
Non-FFLs
With Obama admin.wanting to clamp down, you might find
yourselves in trouble with laws you had no idea existed.
The judge will tell you "Ignorance is no excuse" it is your
job as a gun owner to "Learn the law".
Okla. has "pre-emption" to keep towns from passing bad laws
but it takes a back seat to federal law.

 

[KLEMMTHAMM]

This is the only thing I saw... unless you can show me exactly where it says a non-FFL can not sell a handgun to someone over the age of 18 your argument is unfounded. Not trying to be rude and if you are right then you are right but I HAVE read the GCA several times through and have never seen anything other than what pertains to FFL's selling to person's under 21.

x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile --

(A) a handgun; or

(B) ammunition that is suitable for use only in a handgun.

(2) It shall be unlawful for any person who is a juvenile to knowingly possess --

(A) a handgun; or

(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to --

(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile --

(i) in the course of employment, in the course of ranching or farming

related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except --

(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or

(II) with respect to ranching or farming activities as described in

clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;

(iii) the juvenile has the prior written consent in the juvenile's

possession at all times when a handgun is in the possession of the

juvenile; and

(iv) in accordance with State and local law;

(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;

(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or

(D) the possession of a handgun or ammunition by a juvenile taken in

defense of the juvenile or other persons against an intruder into the

residence of the juvenile or a residence in which the juvenile is an invited guest.

(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.

(5) For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age.

 

[jod78]

Let me ask this, last FTF transaction I made there was a cop circling the parking lot where the transaction took place. Hypothetically, if he were to stop by out of curiosity and ask what we were doing and I told him "oh I'm just buying a handgun off this guy"...could he do anything? is there anything that says the transaction can't take place in a public setting such as a parking lot?

 

[KLEMMTHAMM]

Let me ask this, last FTF transaction I made there was a cop circling the parking lot where the transaction took place. Hypothetically, if he were to stop by out of curiosity and ask what we were doing and I told him "oh I'm just buying a handgun off this guy"...could he do anything? is there anything that says the transaction can't take place in a public setting such as a parking lot?

I don't think so unless whatever municipality you are in has some kind of law against it... just as long as you aren't dry firing it while pointing it at the officer (or something crazy like that) I don't think you would have any problems but I am not a lawyer and my comments here should not be taken as fact or legal advice.

 

[nofearfactor]

Let me ask this, last FTF transaction I made there was a cop circling the parking lot where the transaction took place. Hypothetically, if he were to stop by out of curiosity and ask what we were doing and I told him "oh I'm just buying a handgun off this guy"...could he do anything? is there anything that says the transaction can't take place in a public setting such as a parking lot?

god I hope not,those are the kind of deals I'm used to doing...

 

[vvvvvvv]

Federal law supersedes okla law.

Incorrect. Federal law is only in effect IF state law does not address it in a more restrictive manner.

If federal law superceded state law, I would be allowed to carry a firearm on school campuses, including the one I am employed by. (Federal law says that it is perfectly fine to carry anywhere but Federal buildings as long as it is permitted by the state.)

 

[mr ed]

Veggie Meat,
you got what I was trying to say.
I guess "supercede" just wasn't the right word for what I was trying to say.
I guess the right way to have said it was state law cannot supercede federal law??

 

[vvvvvvv]

Veggie Meat,
you got what I was trying to say.
I guess "supercede" just wasn't the right word for what I was trying to say.
I guess the right way to have said it was state law cannot supercede federal law??

Still doesn't come across in an easy to interpret way.

"State law cannot be less restrictive than Federal law."

Basically, look at Federal, look at state, then decide which is more restrictive.