Selling a gun in another state

Dashunde · December 21, 2011, 08:14 PM

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?

MLeake · December 21, 2011, 08:18 PM

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.

Don H · December 21, 2011, 09:32 PM

Relevant federal laws are quoted in this thread: http://thefiringline.com/forums/showthread.php?t=472317

**Frank Ettin** · December 22, 2011, 01:24 PM

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.

Technosavant · December 22, 2011, 01:32 PM

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.

Dashunde · December 25, 2011, 12:39 PM

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!

**Frank Ettin** · December 25, 2011, 02:51 PM

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.

December 21, 2011, 08:14 PM	#1
Dashunde Senior Member Join Date: December 23, 2004 Posts: 1,427	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?

December 21, 2011, 09:32 PM	#3
Don H Senior Member Join Date: May 9, 2000 Location: SLC,Utah Posts: 2,706	Relevant federal laws are quoted in this thread: http://thefiringline.com/forums/showthread.php?t=472317 __________________ Don http://www.utahconcealedcarry.com/forum/

December 21, 2011, 08:18 PM	#2
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 9,656	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.

December 22, 2011, 01:32 PM	#5
Technosavant Senior Member Join Date: May 29, 2007 Location: St. Louis, MO area Posts: 3,647	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.