Nevada Resident Buy Pistol from Arizona Private Party

[BestNThDez]

I've searched around for this answer, but just find threads related to Gun Shows and FFL Dealers, not private parties.

I live in Nevada and want to pick up a specific 1911 from an Arizona private party. Ill be down in Phoenix in a few weeks, and want to get it while I'm there, then just drive back to Nevada. It doesn't appear to be a problem on the Nevada side since registration is no longer required. What's the law say about Arizona private residents selling to out of staters?

Thanks for the info.

[rwilson452]

interstate transfer of a pistol requires the pistol be shipped to an FFL in your home state. This is federal law. Not the answer you wanted I'm sure. It is what it is.

[Frank Ettin]

Originally Posted by BestNThDez

...I live in Nevada and want to pick up a specific 1911 from an Arizona private party. Ill be down in Phoenix in a few weeks, and want to get it while I'm there, then just drive back to Nevada. It doesn't appear to be a problem on the Nevada side since registration is no longer required. What's the law say about Arizona private residents selling to out of staters?...

If you do that, both you and the seller will have violated federal law punishable by up to five years in federal prison and/or a substantial fine (plus the lifetime loss of gun rights). That has been the law since 1968.

Here's the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

1. Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
   
   
2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
   
   
3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
   
   
4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
   
   
5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
   
   
6. Here's what the statutes say:

   18 U.S.C. 922. Unlawful acts
   
   (a) It shall be unlawful—
   ...
   
   (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
   

   (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
   
   (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
   
   (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

   ...
   
   (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
   

   (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
   
   (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   ....
   
   (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
   ...
   
   (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
   

   (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
   
   (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   ...

[rwilson452]

You will want to check with the FFL in your home state BEFORE you have it shipped. Not all FFLs will do this sort of transfer and the cost is set by the FFL so it can vary greatly. Check around.

[leadcounsel]

If you do that, both you and the seller will have violated federal law punishable by up to five years in federal prison and/or a substantial fine (plus the lifetime loss of gun rights). That has been the law since 1968.

Yep. Pretty much gun ownership 101 stuff.

Absolutely don't do it. Spend the $50 on the shipping and transfer through the FFL, or skip it.

It's odd the other party doesn't also know this. So I'd also be quite leary of ATF stings, especially in border states like Arizona. Seems I've read a few articles about various sting operations. Your seller might be an undercover agent.

I'd make it clear to the person you researched it, and don't want to break the law, and the lawful way to do it is through an FFL.

[cecILL]

The above advice is all you need.