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April 25, 2018, 08:27 AM | #1 |
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Join Date: October 28, 2006
Location: South Central Michigan...near
Posts: 6,501
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Need reminding of legal face-to-face sale.
I am about to offer my Winchester M1 Carbine for sale with all my related accoterments (I am old, converting possessions to cash) in lower South Central Michigan, near the Ohio, Indiana border. I know that I can do a legal face-to-face with a Michigan resident, but considering my location there will likely be Ohio and/or Indiana or even Illinois residents interested. Can I sell my Carbine (and accoterments) to non-Michigan residents in a face-to-face? I used to know this, but have forgotten.
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April 25, 2018, 08:59 AM | #2 |
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Join Date: February 22, 2017
Posts: 300
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https://www.atf.gov/resource-center/...aspdf/download
Per #2 in the link, it needs to go through an FFL if the buyer is out of state. |
April 25, 2018, 09:30 AM | #3 |
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Join Date: March 11, 2005
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For your safety, I would recommend that you go to a range or gun store that can handle the can handle the transfer for you as well. Too many crazy stories of bad Craig's List sales gone bad.
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The ATF should be a convenience store instead of a government agency! Last edited by stephen426; April 25, 2018 at 09:51 AM. |
April 25, 2018, 09:41 AM | #4 | |
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Join Date: October 28, 2006
Location: South Central Michigan...near
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Quote:
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April 25, 2018, 09:51 AM | #5 |
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Join Date: March 11, 2005
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Do NOT ever bring a gun into government buildings. It is illegal in most locations unless they are doing some kind of buy back. If the police officers say it is okay, then by all means. Somehow I don't believe that will be the case. If you are going through a FFL, they will handle all of the transfer paperwork for you. if you decide to sell to a resident through a private sale, you need to make sure you write out some kind of transfer receipt to cover your butt in case the buyer does something crazy.
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The ATF should be a convenience store instead of a government agency! |
April 25, 2018, 10:18 AM | #6 | ||
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Join Date: October 28, 2006
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April 25, 2018, 10:38 AM | #7 |
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Join Date: January 21, 2016
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I dont live in your state but federal law face to face residents same state you can sell it without the ffl, provided as far as you know they are legally allowed to own it. Usually the bare minimum in the lack of state laws is to check divers license and a bill with their name showing the same address. An LTC of course is even more assuring. Personally i would ask the person if they were prohibited by law, not that they couldnt lie but no harm in it.
Personally i would either sell it through an FFL or i would keep and provide no record in my state. The reason for this is say the guy was a felon, got caught with it or the gun was used in a crime, and the authorities followed up about it - no benefit to having it documented as for all they can prove without you telling them you couldve sold it to a legal owner who then resold it. Not saying its a fed crime to unknowingly sell a gun to a prohibited person but the could insinuate you knew, so no sense documenting it IMHO... or at least if i documented the sale i would not provide that to authorities before talking to a lawyer in such event. |
April 25, 2018, 03:58 PM | #8 | |
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Quote:
My recollection is that the law is written the other way: You can make the sale unless you have reason to believe that the buyer is a prohibited person. That puts a different slant on it, because it's not a written requirement that the seller do anything except hand over the gun and pocket the cash. Last edited by Aguila Blanca; April 25, 2018 at 09:57 PM. Reason: typo |
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April 25, 2018, 09:48 PM | #9 | |
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Quote:
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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April 26, 2018, 05:59 AM | #10 | |
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Quote:
I don't have any idea what the various state laws of Michigan, Ohio, Indiana and Illinois say about it, but as federal law prohibits interstate transfers without an FFL, it doesn't much matter.
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I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some. |
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April 26, 2018, 10:08 AM | #11 |
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Join Date: February 16, 2006
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When in doubt, use an FFL
I live in a state that borders Illinois and attend a number of their GS's. You would not believe the number of disgruntled non-residents, when an Illinois dealer will not sell directly to them. Dealers want to make sales but am pleased to witness, legal transaction regardless of how inconvenient it "might" for the customer. .....
Be Safe !!!!
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'Fundamental truths' are easy to recognize because they are verified daily through simple observation and thus, require no testing. |
April 26, 2018, 10:31 AM | #12 | |
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As an aside ... If someone who is unhappy about something is disgruntled, does that mean a happy camper is gruntled? |
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April 26, 2018, 10:55 AM | #13 | |
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Join Date: February 16, 2006
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It can happen
Quote:
As an aside ... Why is a Black Raspberry, Red when it's Green? ..... Be Safe !!!
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'Fundamental truths' are easy to recognize because they are verified daily through simple observation and thus, require no testing. |
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