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Old December 21, 2011, 07:14 PM   #1
Dashunde
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Selling a gun in another state

I live in ST Louis Mo, can I drive to IL and sell my gun to someone who lives there as a face-to-face sale?
Any requirements on my end?
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Old December 21, 2011, 07:18 PM   #2
MLeake
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Interstate sales require use of an FFL for transfer.

For long guns, the FFL can be from either the origin or destination state.

For handguns, the FFL must be in the destination state, per Federal law.

Plus you'd have to comply with whatever laws Illinois has in place.

Note: Internet advice is worth what you paid for it; I am not an attorney. It is never a bad idea to address this type of question to an attorney, or to your local BATFE office. That said, the answer I gave you is the one that I've been taught.
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Old December 21, 2011, 08:32 PM   #3
Don H
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Relevant federal laws are quoted in this thread: http://thefiringline.com/forums/showthread.php?t=472317
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Old December 22, 2011, 12:24 PM   #4
Frank Ettin
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Quote:
Originally Posted by Dashunde
I live in ST Louis Mo, can I drive to IL and sell my gun to someone who lives there as a face-to-face sale?...
The short answer is "no."

See this post for details.
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Old December 22, 2011, 12:32 PM   #5
Technosavant
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Drive it to a FFL in IL for the sale. You will transfer it to the FFL, the FFL will take care of things with the buyer. Been there, done that, perfectly legal and simple. Get a receipt for the transfer to the FFL for your own records.

You may NOT hand it directly to the buyer. Period. Full stop. End of line. Not if it's a handgun, not if it's a long gun, not if you really really want to and the buyer really really wants it done that way. You may NOT do that. It is a federal crime.
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Old December 25, 2011, 11:39 AM   #6
Dashunde
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Humm... ok, can he come to MO and buy it from me here?
I'm simply wanting to be certain I'm on the right side of things, its his responsibility to do the same...

Edit:
Ah, well... he's outta luck...
Quote:
It shall be unlawful - for any person to transfer, sell, trade, give, transport, or deliver any firearm to any person who the transferor (ME) knows or has reasonable cause to believe does not reside in the State in which the transferor resides.
Thanks for the replies!

Last edited by Dashunde; December 25, 2011 at 11:47 AM.
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Old December 25, 2011, 01:51 PM   #7
Frank Ettin
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Quote:
Originally Posted by Dashunde
Humm... ok, can he come to MO and buy it from me here?
I'm simply wanting to be certain I'm on the right side of things, its his responsibility to do the same...
No, not quite.

[1] If its a long gun, under federal law the transfer must still be done by an FFL. The long gun must be legal in Illinois. Also, the FFL must be able to do the transfer in a way that complies with both Illinois and Missouri law.

[2] If it's a handgun, under federal law the transfer must be done in Illinois by an Illinois FFL.
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Last edited by Frank Ettin; December 25, 2011 at 02:01 PM.
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