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Old January 23, 2012, 05:26 PM   #1
ftballgod
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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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Old January 23, 2012, 05:27 PM   #2
Aguila Blanca
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Handgun, rifle, or shotgun?
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Old January 23, 2012, 05:30 PM   #3
ftballgod
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sorry. it is a handgun.

are the rules diffrent diffrent kinds of guns?
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Old 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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Old January 23, 2012, 08:51 PM   #5
ftballgod
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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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Old January 23, 2012, 09:01 PM   #6
alland
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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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Old January 23, 2012, 10:12 PM   #7
ftballgod
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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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Old January 23, 2012, 10:56 PM   #8
Aguila Blanca
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Quote:
Originally Posted by ftballgod
ok thanks. i will stick to trying to find an instate buyer. unless they are ok with me sending it to their ffl.
It may go beyond that. (Or it may not.)

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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Old January 25, 2012, 02:24 AM   #9
Frank Ettin
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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:
18 U.S.C. 922. Unlawful acts

(a) It shall be unlawful—
...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
....

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
...
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Old January 31, 2012, 07:45 PM   #10
chris in va
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Plus there's the whole FOID thing for IL.
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Old February 2, 2012, 12:04 AM   #11
bitttorrrent
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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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