private handgun sales

[WWGunslinger]

Is it federal law or state law that says handgun sales must go through a FFL?

If federal, do you have a link to a reputable source for that law?

[ARay]

http://www.pacode.com/secure/data/03...chap33toc.html

(c) Retail sale/transfer of a handgun or long gun prior to the implementation of the instantaneous background check. The following are steps for completing the application/record of sale for a retail sale/transfer of a handgun or, a long gun as required in section 6111(b)(1.1)(i) of the act, prior to the implementation of the instantaneous background check.

(1) The applicant is provided an application/record of sale form and the applicant shall complete the applicable blocks as indicated on the form. If the applicant does not complete all of the required information or checks ’’yes’’ to any of the questions under transferee’s/purchaser’s information on the form, the sale/transfer may not take place.

(2) The licensee/sheriff shall check the applicant’s identification and ensure it meets the requirements under § 33.102 (relating to definitions).

(3) The licensee/sheriff shall ensure the form has been accurately completed.

(4) The licensee/sheriff shall comply with any applicable waiting period (Federal or State).

(5) If the sale/transfer is not denied, the transaction may be completed and the licensee/sheriff shall complete the applicable sections on the form as per block instructions, and provide the transferee/purchaser a summary of the uniform firearm laws which includes a safety brochure. The transferee/purchaser shall then sign the designated block on the form.

(d) Retail sale/transfer of a handgun or long gun after the implementation of the instantaneous background check. The following are steps for completing the application/record of sale for a retail sale/transfer of a handgun or long gun as required in section 6111(b)(1.1)(i) of the act, upon the implementation of the instantaneous background check. If the system becomes inoperable for a period exceeding 48 hours as indicated by the State Police at the time an instant background check is requested, the licensee/sheriff shall follow the procedures outlined in subsection (c) for any firearm. This procedure shall stay in effect during the time indicated by State Police at the time of the check. However licensees are still required to comply with the Federal requirements of 18 U.S.C.A. § 922(T) (relating to the National Instant Criminal Background Check System).

(1) The applicant is provided an application/record of sale form and shall complete the applicable blocks as indicated on the form. If the applicant does not complete all of the required information or checks ‘‘yes’’ to any of the questions under transferee’s/purchaser’s information on the form, the sale/transfer may not take place.

(2) The licensee/sheriff shall check the applicant’s identification and ensure it meets the requirements under § 33.102.

(3) The licensee/sheriff shall ensure the form has been accurately completed.

(4) The licensee/sheriff shall request an instantaneous background check be conducted on the applicant.

(5) If the applicant’s instantaneous background check is approved, the transaction may be completed and the licensee/sheriff shall complete the applicable sections on the form as per block instructions, and provide the transferee/purchaser a summary of the uniform firearm laws which includes a safety brochure. The transferee/purchaser shall then sign the designated block on the form.

(e) Private sale/transfer of handgun. The following are the steps for completing the application/record of sale for a private sale/transfer involving a handgun:

(1) The licensee/sheriff shall follow the same procedures as outlined in either subsection (c) or (d), except that the transferor’s/seller’s information shall also be included in Section F on the form before the private sale/transfer can be completed. If the transfer is by intestate succession or by bequest, the executor or administrator shall act in the capacity of the transferor/seller. Private sales shall occur only at the place of business of the licensee, or sheriff’s office. The licensee/sheriff shall follow the procedures as if he was the seller.

(2) The licensee/sheriff shall retain the application/record of sale as though he were the seller

[Dave_n]

The only exemption to the handgun requirement as listed above is if the buyer has a C&R licence (FFL03) and the weapon is listed as a C&R. This only really works if the seller (assuming non-FFL holder) and the C&R holder live in the same state. If both hold C&Rs then can send the weapon via common carrier, not the USPS, with copies of the licences being exchanged as well.

It does not work in the PRs of NJ, MD, MA and CA, as they all demand that handguns be transferred via an FFL01 even if a C&R weapon. Dave_n

PS it might also apply to some other states or cities within states.

[WWGunslinger]

So it is just state law that says it has to go through an FFL, thanks.

[knight0334]

So it is just state law that says it has to go through an FFL, thanks.

Yes, state law. Federal law's ability to regulate transfers starts when the gun crosses state lines via the Commerce Clause. Until it crosses state lines, state law determines all things.

Federal law states that any interstate transfer must go through a FFL, unless the transfer was due to bequest or intestate succession - aka, inheritances.

[Gun]

So it is just state law that says it has to go through an FFL, thanks.

(c) Duty of other persons.--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.

from http://reference.pafoa.org/statutes/...r-of-firearms/

Sales can take place at the county sheriff's office as well.

[Noah_Zark]

. . . Sales can take place at the county sheriff's office as well.

Which ability will come to many County Sheriffs as a huge surprise.

Noah

[tl_3237]

The only exemption to the handgun requirement as listed above is if the buyer has a C&R licence (FFL03) and the weapon is listed as a C&R. This only really works if the seller (assuming non-FFL holder) and the C&R holder live in the same state. If both hold C&Rs then can send the weapon via common carrier, not the USPS, with copies of the licences being exchanged as well.

It does not work in the PRs of NJ, MD, MA and CA, as they all demand that handguns be transferred via an FFL01 even if a C&R weapon. Dave_n

PS it might also apply to some other states or cities within states.

Just as a point of interest, I believe FTF handgun sales are legal in NJ .

The only requirement is that the buyer possess the Handgun Purchase Permit and that the seller provide the required copies to the appropriate LEOs.

As already said this only applies to residents of the same state (NJ is this instance).

[abner13]

The only exemption to the handgun requirement as listed above is if the buyer has a C&R licence (FFL03) and the weapon is listed as a C&R. This only really works if the seller (assuming non-FFL holder) and the C&R holder live in the same state. If both hold C&Rs then can send the weapon via common carrier, not the USPS, with copies of the licences being exchanged as well.

There have been several instances where the Pa State Police have said that "They do not recognize C&R purchases as being legal in PA , because the guns are not in their 'record of sale' database".

Been worried about this as I carry my CZ-82 , which I purchased under my C&R license.

I also have a sizable collection of classic pistols bought under my license.

[Noah_Zark]

There have been several instances where the Pa State Police have said that "They do not recognize C&R purchases as being legal in PA , because the guns are not in their 'record of sale' database".

That's OK, I do not recognize their database as legal.

Noah