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Old October 20, 2009, 10:27 AM   #11
carguychris
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Join Date: October 20, 2007
Location: Richardson, TX
Posts: 5,278
Quote:
I sell a handgun FTF in Ohio. To my understanding I have no legal obligation to ascertain the state residency or age of the person purchasing the firearm. I have no responsibility to check their drivers license. I always do, but I am not sure I am legally required to check their License or even ask them.
No federal law explicitly requires a nonlicensee to record the buyer's age and state of residency, but that doesn't mean a nonlicensee doesn't need to check this information.

The requirement to establish the buyer's state of residence is written in 18 USC 922(a)(5), which prohibits sales in which the nonlicensed seller establishes "reasonable cause to believe {the buyer} does not reside in... the State in which the transferor resides". Admittedly, the phrase "reasonable cause" is somewhat vague, but viewing someone's state-issued picture ID is a widely accepted way to establish it. OTOH checking ID wouldn't necessarily be required if, say, the buyer is personally known to you, and you know where he or she lives and his or her approximate age.

As always, check your state and local laws.
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Last edited by carguychris; October 20, 2009 at 10:28 AM. Reason: Oops, double negative!
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