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Private sale laws?

idahoduckeridahoducker Member Posts: 740 ✭✭
edited October 2008 in Gun Rights and Constitutional Law
Dealers have to do a 4473 w/background check and can't transfer a handgun to someone who isn't a resident of their state. Private sales happen all the time without a 4473 or background check so I'm assuming that those laws don't apply in those cases. Is it legal or illegal for a private seller to sell a handgun to a nonresident?
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Comments

  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    From the BATF FAQ page.
    These may, or may not be, the unconstitutional laws that apply to your question.

    quote:(B1) To whom may an unlicensed person transfer firearms under the GCA?

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.

    (B2) From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person's own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides.
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  • idahoduckeridahoducker Member Posts: 740 ✭✭
    edited November -1
    Hmmm. I think I've been infringed.

    Thanks for the info. I'll look for the BARF site the next time I feel I've been infringed and have questions. Guess I'd better start looking now.
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  • dfletcherdfletcher Member Posts: 8,162 ✭✭✭
    edited November -1
    No big surprise here, but CA does not allow private sales (C & R rifles are the exception) between unlicensed people, all sales must go through an FFL and a 4473 is generated, as is the 10 day wait and about $60.00 in fees, a gun lock & the 10 day later return trip gas supply. Wonderful state, I'll bet there are a few others like MA, NY or NJ that are the same.
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