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Old May 13, 2010, 09:22 AM   #1
LordTio3
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Cash Transaction?

I'm having a bit of trouble finding an answer to this, or the rules about how to handle it. I live in Indiana and I am looking to purchase a Smith and Wesson 637 from someone who lives in the same town as I do. I know him, but we aren't "friends". We are going to meet in person and I've told him I can bring cash to make the purchase if the weapon is the quality I expect.

Do I have to take this gun to a dealer and sign a few forms in Indiana, or can I just make the cash purchase and be done with it? I don't think I have to FTF the transaction, but I just want to stay on the legal end of things here. I've seen plenty of cash transactions at some of the smaller gun shows here, easy as you please, but I've never asked if that's really legal. -kind of an awkward conversation.

Thoughts?
I appreciate the help.
~LT
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Old May 13, 2010, 10:40 AM   #2
NavyLT
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http://www.in.gov/legislative/ic/cod.../ar47/ch2.html

Quote:
IC 35-47-2-7
Prohibited sales or transfers of ownership
Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
The above are the only requirements.
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Old May 13, 2010, 10:47 AM   #3
LordTio3
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NavyLT, your contributions are always very welcome.

It would make sense that the gentleman asked me to make sure that I was a permit holder. This ensured that I was a resident of the state, have not been convicted of a felony, had no other offenses, and was licesed to carry a firearm.

Thank you very much for shedding some light on this for me. I appreciate it.

~LT
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Old May 16, 2010, 03:24 AM   #4
Head-Space
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Make sure the SELLER is a resident of your state. In state transfers are lawful. Out of state transfers are not, not without an FFL.

Just to be safe, get driver's license information, Name, address, License number. So if the gun turns out to be stolen, you know where you got it.

You're transferring a firearm. It's not "impolite" to get information about the transfer.
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Old May 16, 2010, 06:14 AM   #5
SwampYankee
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Per the OP:

Quote:
I am looking to purchase a Smith and Wesson 637 from someone who lives in the same town as I do...
I think it is safe to assume they live in the same state.
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Old May 19, 2010, 03:23 PM   #6
44 AMP
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Quote:
Quote:
I am looking to purchase a Smith and Wesson 637 from someone who lives in the same town as I do...

I think it is safe to assume they live in the same state.
No, unfortunately, its not safe to assume anything. There have been a few threads recently about legal residency, and this kind of thing has been discussed.

Sure, if he lives in the same town you do, he probably is a legal resident, but you shouldn't just assume he is. The seller could be just short of legal residence status (unlikely, but possible) and if so, then a face to face sale would be a violation of the law. Seeing a driver's license verifying his residence is never a bad idea. And if they won't show you one, you have to wonder..why?
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Old May 19, 2010, 06:03 PM   #7
NavyLT
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Ummmm..... there are only two things required (for a citizen of the US) to establish residency in a state for the purposes of firearms transactions:

1. Presence in a state.
2. Intention to make a home in that state.

It's got nothing to do with driver's licenses, taxes, minimum time in the state, etc. The minute a person steps foot in a state with an intention to make a home in that state, for the purposes of firearms transactions they are a resident of that state. If the person is a legal alien with an immigrant type visa but not a citizen, then 90 consecutive days in that state is required.

27 CFR 478.11:
http://ecfr.gpoaccess.gov/cgi/t/text....2.1.1&idno=27

Quote:
State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm.
In a private party transaction there is no requirement (in about 48 of the states and no Federal requirement) to prove state residency. The requirement is to not know or suspect the buyer is not a resident of the same state. If the dude lives in a house in the same town and is a citizen of the US, that pretty much seals it - it doesn't matter if he moved there two hours ago and has a driver's license from Mars.
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Old May 20, 2010, 08:09 PM   #8
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OK by the fed....

And once again we see the difference in definition between Federal law and states.

As NavyLT pointed out, as far as the feds are concerned, he's a resident when he decides he wants to live there. But what about state law? There may or may not be one that applies.

As was pointed out, the language of the law may not require you to see proof of residency, just have no reason to suspect the buyer is not a resident. A driver's licence would do that for me. So would a pistol permit, or other kinds of id. While it may not be a legal requirement, the law doesn't prohibit me from being as nasty and suspicious as comes naturally to me.
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