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Old February 2, 2009, 06:19 PM   #1
gollbladder13
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From WI, want to buy from private seller in MN

Anybody know where I can better find the laws on this? Would be my first gun, but WI does not require license or anything like that (not a CCW state anyways. Not planning on CCing, just for home protection).

Any advice would help. I browsed online and couldn't find much.
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Old February 2, 2009, 06:37 PM   #2
NavyLT
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Has to be transferred via an FFL. If it is a handgun, it must be an FFL in the buyer's state, IE: WI. If it is a long gun, it might be able to be transferred via an FFL in MN, but certainly can be transferred by an FFL in MN.
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Old February 2, 2009, 06:38 PM   #3
maestro pistolero
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If it's an out of state sale, it must be done through a licensed FFL. Have the seller send it to a gun shop near you who is willing to 'paper' the transaction for you. You will have to pay a small transfer/processing fee, but you will not be running afoul of federal law.
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Old February 2, 2009, 06:42 PM   #4
NavyLT
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It's in 18 USC (United States Code) 922.
http://www4.law.cornell.edu/uscode/1...2----000-.html

If you buy a firearm directly from an out of state resident, you are committing a felony, violating (a)(3):
Quote:
(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;
The seller commits a seperate felony against (a)(5):
Quote:
(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;
The (b)(3) exception is for long guns bought from an out of state FFL:
Quote:
(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 February 2, 2009, 06:44 PM   #5
gollbladder13
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Thanks guys! I'll be in contact with the seller and a local FFL shortly.
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