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January 23, 2012, 05:26 PM | #1 |
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Join Date: January 14, 2010
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i live in WI can i sell a gun to a guy from IL?
i live in wisconsin and am selling a gun. a guy from Ill is interested but i am not sure the rules on selling to someone out of state. i know i can sell to someone in my state. but are the rules diffrent state to state? the guy says he has a Firearm Owner's Identification Information card (FOID card) and is willing to wright up a bill of sale etc. can i do this sale?
thanks.
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January 23, 2012, 05:27 PM | #2 |
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Handgun, rifle, or shotgun?
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January 23, 2012, 05:30 PM | #3 |
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sorry. it is a handgun.
are the rules diffrent diffrent kinds of guns?
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When I held that gun in my hand, I felt a surge of power - like God must feel when he's holding a gun. |
January 23, 2012, 05:39 PM | #4 |
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By federal law a handgun must be delivered to a buyer by an FFL in his state of residence. So either ship it or take it to a dealer, that is willing to do the transfer, in his state of residence.
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January 23, 2012, 08:51 PM | #5 |
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in the state of wisconsin i can sell to anyone who can legaly own a gun. no ffl required. does that federal law only apply to sales that cross state lines?
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When I held that gun in my hand, I felt a surge of power - like God must feel when he's holding a gun. |
January 23, 2012, 09:01 PM | #6 |
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The federal law applies to firearm deals that cross state lines. For handguns the transfering FFL must be in the same state as the buyers residence. For long guns, by federal law, it can be an FFL in any state if legal according to state laws.
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January 23, 2012, 10:12 PM | #7 |
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ok thanks. i will stick to trying to find an instate buyer. unless they are ok with me sending it to their ffl.
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When I held that gun in my hand, I felt a surge of power - like God must feel when he's holding a gun. |
January 23, 2012, 10:56 PM | #8 | |
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Quote:
The law only requires that the transfer to the buyer be done through an FFL in the buyer's state of residence. However ... some FFLs will not accept an interstate transfer from a private seller in another state. It's not the law, but it IS their free choice to decline any transfer not coming from another FFL. So you not only have to confirm that the buyer is okay with sending it to his FFL, you also have to determine whether or not that FFL will accept a shipment directly from you. |
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January 25, 2012, 02:24 AM | #9 | |
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Once again, here's the whole deal (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: Quote:
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January 31, 2012, 07:45 PM | #10 |
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Plus there's the whole FOID thing for IL.
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February 2, 2012, 12:04 AM | #11 |
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Yep, that whole FOID thing.
It is really not a big deal. A little time and a little money, unless you are a felon or something like that. I would even care less if they would let me carry without being on a police force, but that is going to take a while in this darn state. I may even switch my residence to my MI house. Wouldn't really affect anything. I still couldn't carry here, but could then in MI. |
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foid , selling , state borders |
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