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Discussion Starter · #1 ·
At the B'ham show there were several interesting Marlins. A 336 .44 Mag, I believe 3 mauraders-sp-, and in general some neat stuff. I came across a Mod 36 in excellent condition except it had been drilled for a scope mount.

To the topic my wallet was flat but I did have a Ruger pistol for trade fodder. The gentleman who owned the 36 was interested in trading and I think we could have worked out a deal. The problem for him was that I am not an Alabama resident and he did not want to trade a handgun from an out of state resident.

I am aware that you can't buy a handgun from a dealer out of state like that but did not think it applied to 'private' individual sales. In fact I'm thinking that is how I ended up with that pistol traded a big red W 30-30 for it. Anyway has something changed here recently that I should be aware of to keep out of trouble?? Or was this guy being extra careful?
 

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I'm not sure about other states or federal laws about this but in CT I think they want you to do ANY handgun transfer thru the hoops & hurdles. I thought it was a federal thing but just dont know.
 

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How did the other fellow even know you were from out of state? Well, if you're a Yankee in Alabama, I know the answer to that! :wink:

The ONLY issue is his (I believe). As far as I know there is no federal or state law to prevent this type of transaction between private individuals. Heck, I've seen guys at Vendor Tables sell rifles with no check of ID, no paperwork of any kind. I suppose it was a "private firearm" and not owned by the business. That's stretching it, IMHO. But, between individuals there is no governing law that I know about except the 2nd Amendment to the Constitution. :D

This is what the ANTI's term the "Gun Show Loophole" that they want to fix. :roll:

Quite honestly, I can't much blame the fellow as any type of violation can get you in a heap of trouble. Because it was a handgun, maybe he was unsure enough to not want to trade.

Although I have bought one or two guns at gunshows, I am reluctant to trade or sell at them because there are always a bunch of "shady looking types" present and I don't want to put a firearm in the hands of a "do bad". Maybe it's just me....
 

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Federal law on transfer is very simply.

An unlicensed person may sell a firearm to an unlicensed resident of his own state. An unlicensed person may sell or transfer a firearm to a licensee in any state.

By a licensed person I mean a FFL holder.

RJSnow
 

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Ron,
Is that pertaining to handguns?? I believe you can buy a rifle or shotgun from an individual, in any state, regardless of your residence. You cannot buy a handgun from an individual unless you reside in the same state. A transfer of ANY gun can be made to an immediate relative, however....the buyer must have proof of the ownership (FFL transfer)when/if he attempts to resale the gun....and any gun purchased that is stolen property can beconfiscated by the police, even if you have a "Bill of Sale." Is this correct??
I am a resident of PA, but I cannot buy a handgun in FLA or WV, even from an FFL dealer without proof of residence (usually a driver's license, from the state in which I am buying the handgun.) That is one reason why "giveaway ID and driver's licenses" to illegal aliens complicates the thing.
 

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The Final Word....

Well, here it is....

"Sales Between Individuals

An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence."
Source - http://www.nraila.org/GunLaws/FederalGunLaws.aspx?ID=60

I should have checked this before writing an opinion.... :oops:

This is apparently left over from the 1968 gun laws most of which have been rescinded. As I said earlier it is a "briar patch" on determining who, what, where, and how on gun sales.....
 

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Ruger480:

Applies to all modern firearms. And yes, stolen firearms may be confiscated even if you have a bill of sale.

Hutch:

Not much of GCA68 has ever been rescinded. The biggest changes have been the elimination of recordkeeping for the sale of ammunition and the fact that you are now able to obtain long guns in states other than your state of residence.

It is a nightmare trying to keep abreast of all the changes that take place at the state and local levels when making a sale to a customer from a state other than the state where the dealer is located. Each sale must be legal in the state where the sale is made and in the state where the customer maintains his residence.

RJSnow
 
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So... if you're in Alabama from Kansas, and you "give" your 336ER to some nice fella from Birmingham, just 'cause he's a nice fella, and then he sees fit to "give" you $800 so's you can make it back home to Wichita because he knows you miss your mama, everybody is square, right?

Don't need no paperwork, just as long as you don't sell nuthin".

:wink:
 

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FWiedner: To answer your question; legally, no you cannot give, swap, hand over or forget your firearm with anyone other than a FFL holder when an out of your home state transfer takes place.

You and I both know that this sort of thing takes place on a regular basis and nothing will ever be said unless the firearm is used in a crime and is traced back to the original owner.

RJSnow
 
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... but the regulation shown in example above says specifically "...may not sell...".

Doesn't say anything about giving, swapping, handing-over, forgetting, trading, bartering, or stealing.

Shouldn't be afraid to exercise the freedoms that we do have just because one of 'em got stole away.
 

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I live in Michigan and am about to buy a 336 - 35 Rem from a dealer in Wisconsin. I am told I only need a background check and $$$ and I can go home with my new (1964) gun.
 

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Discussion Starter · #13 ·
He found out I was from out of state because his set up looked like he was with a shop. IE a gun dealer, I thought he was ffl licensesned-sp-. My understanding is that an FFL can buy handguns from out of state 'private' indiviuals. Also I know they can sell long guns to out of stater's. I was also looking at a 5 screw S&W on his table and that is how the residency thing came up.

Until now my understanding was that gun sales between 'private' individuals were not regulated with the understanding that the buyer can legally own that firearm.

Live and learn! His buddy later told me that there had been BATFE busts at gunshows in northern Alabama under these same circumstances. I think the old boy thought i was undercover, at least he was taking no chances. A shame too, it was a 95%+ overall condition mod 36. Although some dingus drilled it for a scope pretty well killing it's collector value, I was wanting a shooter 36 and this one would have been perfect for me.

There is a bit of irony here. I have been attending a college on the FL/AL stateline. For the last three years I have lived on the AL side of the line. In fact the stateline runs about 400 yards behind the house. So far I have retained my FL residency, right about now I'm wishing I had changed that over.
 

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Midnight Rider said:
I live in Michigan and am about to buy a 336 - 35 Rem from a dealer in Wisconsin. I am told I only need a background check and $$$ and I can go home with my new (1964) gun.
Assuming there are no conflicting state laws, this is ok. You may purchase a long gun from a dealer in another state unless there are state laws prohibiting the sale.
 
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