Interstate private party rifle sales...

[Xfactor]

Can anyone advise on the legality of buying a rifle (AR15) from friend (private party) who lives in New York? Specifically, does the transfer need to go through an FFL, or is it lawful to conduct the transaction privately?
Any other related advice or suggestions would be appreciated as well.

Thanks,

[GRIZ]

To be legal;

1. he takes the gun to a FFL who sends it to your FFl to you.
2. he takes the gun to a FFL in NY who transfers the gun to you.
3. he brings the gun to a FFL in PA who transfers it to you.

there has to be at least one FFL involved

[customloaded]

To be legal;

1. he takes the gun to a FFL who sends it to your FFl to you.
2. he takes the gun to a FFL in NY who transfers the gun to you.
3. he brings the gun to a FFL in PA who transfers it to you.

there has to be at least one FFL involved

Is this because it is from one state resident to another?

[larry0071]

I was in the DFW area of texas a few years ago and hit a Fort-Worth gun show. I paid cash and walked out with 3....hmm, never mind.

Yea, you got to go to a FFL. NOT.

Rifles are not registered to a person. It's not registered to him, and it won't be registered to you. Why supply the commies a paper trail to use should they ever flip the current laws?

Cash and carry brother!

[crffl]

I was in the DFW area of texas a few years ago and hit a Fort-Worth gun show. I paid cash and walked out with 3....hmm, never mind.

Yea, you got to go to a FFL. NOT.

Rifles are not registered to a person. It's not registered to him, and it won't be registered to you. Why supply the commies a paper trail to use should they ever flip the current laws?

Cash and carry brother!

Direct from the people in charge...


www.atf.treas.gov/firearms/faq/faq2.htm

B. UNLICENSED PERSONS


(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


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]



(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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]


(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

[larry0071]

Hence why I finished my sentence with.... "Hmm.... never mind"

[Xringshooter]

It depends on what New York law says.

The BATFE only talks about handguns, SBR's and SBS's (firearms) and "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."

[Pa. Patriot]

To be legal;

1. he takes the gun to a FFL who sends it to your FFl to you.
2. he takes the gun to a FFL in NY who transfers the gun to you.
3. he brings the gun to a FFL in PA who transfers it to you.

there has to be at least one FFL involved

You missed one.... he ships directly to your FFL (no FFL needed on his end as in your #1)


This is real easy folks, and covered here many times.

Interstate sale/transfer

Handgun: Must go through an FFL in the recipients state. Period.
Axceptions for FFL's, etc.

Long gun: Must be transfered through an FFL in ANY state. IOW, you go to TX and find a rifle you can buy it from an FFL or a private person if you execute the transaction at an FFL. OR the rifle can be shipped to and FFL convenient to you.
(Exceptions for FFLs, etc)

In any case, the firearm must be legal to own in both states.

[larry0071]

I guess that my one pal (now dead) was really wrong then.

He drove to Texas on a business trip and hit a gun show.

He dropped some cash at various tables and walked out with some real nice Mini-14's, SKS's, and a Bushmaster. He put them in his car/truck and when he finished there.... he drove back t PA. He never was asked for ID. Just asked for money. Based on that I figiured you can buy long guns with no government bullshit required from private users.

Why would they want you going to a FFL? The guns are not registered and as such, they don't know who owns them....right? When you buy them, they dont get registered.... so they still don't know who owns them....right? So nothing lost or gained.

My point is that I would sure as hell rather buy cash and carry. The less paperwork and facts that the man has, the better off you (the civilian) is!

The law is the law. You better follow it!

Thanks to the good men on here for correcting me and like JayBell that just reprimanded me over telling you something that happened that is true.... if he likes it or not.

[LittleRedToyota]

Why would they want you going to a FFL? The guns are not registered and as such, they don't know who owns them....right? When you buy them, they dont get registered.... so they still don't know who owns them....right? So nothing lost or gained.

the FFL has to, by law, retain the forms for a long time (25 years, i think, but could be wrong)...

so, while the BATFE does not have the pruchase record, they can get it anytime they want by just going to the FFL and telling him to turn over the forms.