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June 9, 2012, 09:41 PM | #1 |
Member
Join Date: March 20, 2012
Posts: 31
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Private Party Transfer in MN to NON-Resident Local Pickup
Does anyone happen to know the Law in Minnesota pertaining to transferring a long gun (rifle) to someone out of state who wants to drive to my location to pick it up?
I have shipped a few shotguns/rifles to FFL's in other states but never done a deal like this so I'm not sure if it's legal. Any help would be appreciated. Everything I have read is sort of Vague on the subject. Thanks |
June 9, 2012, 10:09 PM | #2 |
Member
Join Date: December 23, 2009
Posts: 35
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What you describe is a Federal felony. Any transfer to a resident of a different state must go through an FFL.
Depending upon the laws of both states you MAY be able to do the transfer at a MN FFL. You certainly can do the transfer at an FFL in the buyers state. |
June 9, 2012, 10:11 PM | #3 |
Member
Join Date: March 20, 2012
Posts: 31
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We had some laws changed with border states recently and that is why I wasn't sure what the deal was.
But I figured it was a no no. Thanks for the speedy reply! |
June 10, 2012, 05:25 PM | #4 |
Senior Member
Join Date: May 29, 2007
Location: St. Louis, MO area
Posts: 4,040
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General rule of thumb:
Private party transfer across state lines: Never OK. Transfer via FFL in home state of recipient: Always OK. Transfer via FFL in home state of seller: Sometimes OK.* *Check laws for both states, the most restrictive ones apply. |
June 11, 2012, 09:32 AM | #5 | |
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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Here's the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):
[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). [2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you. [3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. [4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies. [5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives. [6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3). Here's what the statutes say:
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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