The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools Search this Thread
Old June 17, 2011, 11:24 AM   #1
BarkSlayer
Senior Member
 
Join Date: October 26, 2008
Location: Northwest Ohio
Posts: 265
Question on FTF sales within same state

I need to clarify something on face-to-face sales of firearms between residents of the same state.

Here's the deal. Let's say an Ohio resident buys a new handgun in Ohio from a licensed firearms dealer. That person then sells said handgun to another resident of Ohio. Must that sale be facilitated by FFLs on both ends of the transaction? If it is not, what implications are there with respect to the "legal" ownership of that handgun?
__________________
Northwest Ohio
USA
BarkSlayer is offline  
Old June 17, 2011, 11:30 AM   #2
rigby06
Senior Member
 
Join Date: November 18, 2010
Location: Richmond VA
Posts: 370
Check the Ohio state law, here in Virginia a person may sell to a private citizen with in Virginia as long as we check that they have a Virginia drivers license/Identification.
rigby06 is offline  
Old June 17, 2011, 11:40 AM   #3
tyme
Staff
 
Join Date: October 13, 2001
Posts: 3,355
http://www.nraila.org/GunLaws/ (That link is also in the TFL library, top row 3rd from right in the nav bar at top of every forum page.)

Looks like Ohio is one of those states that requires the buyer of a handgun to be over 21 even if not going through an FFL, so there's that.

Also, if the original buyer intended to turn around and sell it, that's dealing in firearms, and is (technically) illegal (federally) without an FFL.
__________________
“The egg hatched...” “...the egg hatched... and a hundred baby spiders came out...” (blade runner)
“Who are you?” “A friend. I'm here to prevent you from making a mistake.” “You have no idea what I'm doing here, friend.” “In specific terms, no, but I swore an oath to protect the world...” (continuum)
“It's a goal you won't understand until later. Your job is to make sure he doesn't achieve the goal.” (bsg)
tyme is offline  
Old June 17, 2011, 02:48 PM   #4
carguychris
Senior Member
 
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
Quote:
Must that sale be facilitated by FFLs on both ends of the transaction?
Only if required by state law. I am unfamiliar with OH law.
Quote:
If it is not, what implications are there with respect to the "legal" ownership of that handgun?
The original FFL dealer's records- including the Form 4473 we all know and love- are retained by the dealer unless they go out of business or get investigated by the BATFE. If the dealer goes out of business, the records are given to the BATFE and stored away in a dusty warehouse somewhere. These are normally the only records of the gun's sale. If the gun is traced by the BATFE, the trace will lead to the original dealer and buyer.

If the original buyer sells the gun in a FTF transaction (in accordance with state law, of course), federal law does not require either party to maintain records of the sale. State laws vary regarding record-keeping; I am unfamiliar with OH law in this respect.

If the buyer and seller's home state requires registration of handguns, the seller will presumably have to register his or her purchase, and the state will thereby have a record of the sale. I am unfamiliar with OH law in this respect also.
__________________
"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak
carguychris is offline  
Old June 18, 2011, 12:15 PM   #5
brickeyee
Senior Member
 
Join Date: December 29, 2004
Posts: 3,351
Quote:
These are normally the only records of the gun's sale.
Every gun that stays at an FFL overnight is also entered into his bound book.

The 4473 is NOT the only record the FFL is required to create.

While 44673s can be discarded after 20 years, the bound book live forever and must be given up to BATFE if the FFL licens terminates.
brickeyee is offline  
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 02:28 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.03319 seconds with 10 queries