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GB auctions in state question

rameleni1rameleni1 Member Posts: 998 ✭✭✭✭
edited January 2004 in General Discussion
In Illinois, you are able to transfer a gun to another person from the same state, without going through a FFL. You need to have a FOID card, and keep the persons name, and FOID number for 10 years. I believe this to be correct. My question is if I bid on a auction here, and the person lives in the state, does the gun have to go through a FFL? I would guess if the person selling the gun was a gun dealer, it would have to. If it was from a private party, does it have to be sent to a FFL, or could I just go pick it up myself? Is there a GB rule, that every gun has to go to a FFL? Does the seller have a choice on how he wants to sell the gun? Is there a law to add tax to a gun transfer like this? I am asking this because of the high cost of the FFL's in my area. They charge 50-75$ for a FFL transfer. I see some very good deals in my area. If I don't have to pay the transfer fee, that would be great.

Rameleni1
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    jsergovicjsergovic Member Posts: 5,526
    edited November -1
    I'd guess you can pick it up, if you can do a FTF transfer with no paperwork.

    A buyer is required to show his Firearms Owner`s Identification Card (FOID) when purchasing any firearms or ammunition. Any seller is required to withhold delivery of any handgun for 72 hours, and of any rifle or shotgun for 24 hours, after application for purchase is made.

    And no mention of registration of firearms.
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    mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    Only interstate shippments of firearms need to be transfered through FFL's. If state law allows it you can send your firearms around your own state to anyone you please, like your brother in the next county. If you purchase from a dealer some way some how you'll need to go through the Brady check (unless exempted for some reason) and fill out the 4473. Years ago there used to be a way around this by using 4473 Part II for non over the counter sales which was done completely by mail and was intended for folks who lived WAY OUT in the boondocks and were hours away from a dealer. This non over the counter transaction was so complicated and time consumming (all done by certified mail and copies sent to your local PD for approval) that few people ever bothered to use it and I don't know if it is still a valid form.

    Most of this is going to be totally up to the person running the auction as far as what he needs to feel comfortable. If I were a private party selling a firearm on the net I'd be damned cautious about having some guy show up at my own home to pick up a firearm he just bought in an on-line auction! I'd want it going to a dealer and have it transfered completely removed from my location. Direct private party sales of personal property are generally exempt from sales/use tax (excepting motor vehicles in many states) so if it were a non dealer sale I'd say no use tax was due. If it is an FFL dealer than sales tax must be paid.

    Mark T. Christian
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    idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    Mark Christian--Well said as usual.

    quote:Most of this is going to be totally up to the person running the auction as far as what he needs to feel comfortable.

    Someone needs to explain that on the C&R thread.
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    rameleni1rameleni1 Member Posts: 998 ✭✭✭✭
    edited November -1
    Mark, thanks for your reply. I don't understand this comment.

    I were a private party selling a firearm on the net I'd be damned cautious about having some guy show up at my own home to pick up a firearm he just bought in an on-line auction! I'd want it going to a dealer and have it transfered completely removed from my location.

    I have every legal right, and FOID card, issued by the State of Illinois. If this is the Law, why would you say this? If something did happen, you would have the records to prove the sale. I have been screwed on almost every firearm purchase I have made. I have found it cheaper, better, or whatever somewhere else. I am trying to find out how to get the best for my money. I have heard of people buying firearms at garage sales, dirt cheap.

    Rameleni1
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    mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    ramelenni, PLEASE don't for a minute take what I said as a personal slap at you because I am sure that you are a very honest and decent fellow with no bad intentions at all and I was just being very general. If private sellers were really interested in face to face transactions (of anything) I would suspect most would be using classified ads in local papers or other area publications (or garage sales) because having a strange person show up at your home is something that many people are reluctant to do and if he's on the web he's probably not using his real name either. I'm one of a few here on Gun Broker who uses my own full name in my own posts. Whether or not your state allows you to purchase firearms from an individual face to face does not mean that the seller is forced to honor this regulation and there is no legal way to force the issue unless you can prove it violates your civil rights in some way.

    Mark T. Christian
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    agloreaglore Member Posts: 6,012
    edited November -1
    Mark the non over the counter is still valid, but as you ststed it is a long drawn out process and takes weeks to complete and is fairly complicated still. It involves a letter to the buyers CLEO and all the other paperwork as an over the counter sale. Up here if they have a CCW ereat is one part that doesn't need to be completed, the NCIS background check. It's so much easier to have just go through another FFL if they want the firearm.

    AlleninAlaska
    Delta Firearms & Supplies
    http://canadianfirearmsexchange.com

    aglore@gci.net
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