selling a gun question

[dakiwi13]

i am a resident of ga and i am headed to ohio on vacation, yes that's right, ohio. who goes to ohio for vacation? apparently i am, but not by choice of course. i've got a gun that i'm wanting to sell. a guy called me who's a friend of my buddy who lives in ohio that i'm going to visit. he wants to buy my gun. he is a legal gun owner in ohio. i'm a legal gun owner in ga. we both have our weapons permits. what are the legal limitations and ramifications of selling my gun in ohio to a guy who is legally allowed to own a gun who's a resident of ohio?

[2ndsojourn]

The legal ramifications are one or both of you could go to jail if the transfer is not done through a FFL. Interstate transfers must go through a FFL.

[dakiwi13]

that is what i thought originally, but i wanted to confirm

[natman]

Yup, the transaction has to go through an FFL. Easiest way is for both of you to go to an Ohio FFL together with the gun and do a private party transfer there.

[Technosavant]

natman is right- if he finds an FFL there who will do the transfer, that's all that needs to be done. You take the gun there, he gives you the money, the FFL logs it in and does the 4473 and NICS check, then transfers it to the buyer.

Nice, easy, legal. Not every FFL will do that (some only take them from other FFLs), but it shouldn't be too hard to find one who will.

[carguychris]

Originally Posted by natman

Easiest way is for both of you to go to an Ohio FFL together with the gun and do a private party transfer there.

This is correct. Additionally, if the firearm is a handgun, the transfer MUST be done this way; handgun transfers may only be done at a FFL in the recipient's state of residence.

Rifle or shotgun transfers may be done in any state, provided that OH state law allows for an OH resident to receive firearms out-of-state. I'm not familiar with OH law in this regard. [Edit to add:] However, the recipient must appear in person at the FFL's premises; IOW he/she can't send a 4473 and a copy of their license to a FFL in GA and process the transfer that way!

FWIW this post (and all the others so far) assume the following, since the OP did not tell us the type of firearm:

• The firearm is lawful to possess in OH. [Specifically, I don't know whether OH regulates so-called assault weapons or high-capacity magazines.]
• The firearm is not subject to the National Firearms Act (NFA) of 1934- i.e. it's not a legal machinegun, short-barreled rifle, short-barreled shotgun, or other regulated weapon. Such firearms are subject to all sorts of other federal restrictions that go well beyond the scope of the original question.
• The firearm is not a legal antique- e.g. a pre-1899 firearm, a black powder muzzleloader, or replica of a pre-1899 firearm that cannot accept fixed cartridge ammunition. Such firearms are exempt from federal firearms transfer laws, although they are subject to state transfer and possession laws and a few U.S. postal regulations.
• The recipient is not a 03 Collector (aka C&R) FFL receiving a C&R-eligible firearm. Federal law allows an 03 FFL to receive a C&R firearm in any state, although state transfer and possession laws still apply.

Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not legal advice. Caveat emptor and YMMV.

[dakiwi13]

thanks for all the great info guys

[Art Eatman]

Question answered.