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Private gun sales

JoeFazJoeFaz Member Posts: 190 ✭✭✭
edited January 2012 in Gun Rights and Constitutional Law
Question: Is it legal in states (other than Ca.) to engage in face to face private party firearms sales without having to go through an FFL?
I ask because, well, first I don't know because I live In Ca. where I MUST go through an FFL and wait 10 days, and secondly because I heard on the radio about a law which will end "private sales with no background checks". I've bought and sold several guns through GB as well as between friends in Ca. and have always had to do it through a dealer.
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Comments

  • Mr. PerfectMr. Perfect Member, Moderator Posts: 66,404 ******
    edited November -1
    It depends on the state. It's legal to FTF in WA, ID, MT, and OR. The rest I would have to look up. Usually, both parties must be a resident of the state in which the FTF occurs.
    Some will die in hot pursuit
    And fiery auto crashes
    Some will die in hot pursuit
    While sifting through my ashes
    Some will fall in love with life
    And drink it from a fountain
    That is pouring like an avalanche
    Coming down the mountain
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  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    There are quite a few "semi" free states left, where two private parties can meet, exchange merchandise, cash, trade, and go home.
    No FFL, no waiting period.
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  • slumlord44slumlord44 Member Posts: 3,702 ✭✭✭
    edited November -1
    No problem in Illinois as long as both partys have Illinois FOID card. Federal law requires that you keep records on who you sold a gun to and who you bought one from for 10 years. Common sense would dictate that you keep those records forever. If a gun involved in a crime is ever traced to you, it is good to know where you got it or who you sold it to. Also good to have serial # records it it is ever stolen so you can identify your property later. Uncle got a K Model Smith back many years after it was stolen because the serial # was on file with the police as stolen.
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  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    quote:Originally posted by slumlord44
    Federal law requires that you keep records on who you sold a gun to and who you bought one from for 10 years.
    Please show me this "Federal" law for private citizens?
    I am unaware of any such law.
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  • Mr. PerfectMr. Perfect Member, Moderator Posts: 66,404 ******
    edited November -1
    quote:Originally posted by pickenup
    quote:Originally posted by slumlord44
    Federal law requires that you keep records on who you sold a gun to and who you bought one from for 10 years.
    Please show me this "Federal" law for private citizens?
    I am unaware of any such law.
    It doesn't exist.
    Some will die in hot pursuit
    And fiery auto crashes
    Some will die in hot pursuit
    While sifting through my ashes
    Some will fall in love with life
    And drink it from a fountain
    That is pouring like an avalanche
    Coming down the mountain
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  • wsfiredudewsfiredude Member Posts: 7,769 ✭✭✭
    edited November -1
    quote:Originally posted by slumlord44
    Federal law requires that you keep records on who you sold a gun to and who you bought one from for 10 years.
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  • texdottexdot Member Posts: 2,315 ✭✭✭✭✭
    edited November -1
    Here in texas it's cash and carry. I've bought and sold lots without anything.
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  • nunnnunn Forums Admins, Member, Moderator Posts: 36,084 ******
    edited November -1
    quote:Originally posted by slumlord44

    Federal law requires that you keep records on who you sold a gun to and who you bought one from for 10 years.

    I'm not from Missouri, but SHOW ME!
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  • tjh1948tjh1948 Member Posts: 434 ✭
    edited November -1
    quote:Originally posted by slumlord44
    No problem in Illinois as long as both partys have Illinois FOID card. Federal law requires that you keep records on who you sold a gun to and who you bought one from for 10 years. Common sense would dictate that you keep those records forever. If a gun involved in a crime is ever traced to you, it is good to know where you got it or who you sold it to. Also good to have serial # records it it is ever stolen so you can identify your property later. Uncle got a K Model Smith back many years after it was stolen because the serial # was on file with the police as stolen.


    Illinois law + you need to observe the waiting period in private, non-FFL sales.
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  • Jim RauJim Rau Member Posts: 3,550
    edited November -1
    quote:Originally posted by pickenup
    quote:Originally posted by slumlord44
    Federal law requires that you keep records on who you sold a gun to and who you bought one from for 10 years.
    Please show me this "Federal" law for private citizens?
    I am unaware of any such law.
    Amen! I have been a dealer for 20+ years and have NEVER heard of this.[?]
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  • slumlord44slumlord44 Member Posts: 3,702 ✭✭✭
    edited November -1
    The waiting period and background check on Illinois private sales only applies to private sales at Gun Shows. No waiting period or waiting period anywhere else. Makes no sense to me but thats the law in Illinois.
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  • slumlord44slumlord44 Member Posts: 3,702 ✭✭✭
    edited November -1
    I just checked the BATF website and stand corrected on the Federal record keeping requirement. I plainly states that no record keeping is required. Not sure where I came up with that one. It could be an Illinois requirement. God knows we have more than enough stupid laws here. I still think it is a good idea to keep records though. As I stated before, if a gun that is traced to me is ever involved in a crime, I would like to point the authorites in a direction other than me.
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  • tjh1948tjh1948 Member Posts: 434 ✭
    edited November -1
    quote:Originally posted by slumlord44
    The waiting period and background check on Illinois private sales only applies to private sales at Gun Shows. No waiting period or waiting period anywhere else. Makes no sense to me but thats the law in Illinois.


    The ISP FAQ's on purchasing a firearm in a private sale states that the waiting period does apply for all sales, not just those made at a gun show. It also makes the buyer & seller abide by any local ordinances that might prohibit the sale. An example would be selling a firearm that is prohibited by a either a local or county ordinance.
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  • sovereignmansovereignman Member Posts: 544 ✭✭✭
    edited November -1
    quote:Originally posted by tjh1948
    quote:Originally posted by slumlord44
    The waiting period and background check on Illinois private sales only applies to private sales at Gun Shows. No waiting period or waiting period anywhere else. Makes no sense to me but thats the law in Illinois.


    The ISP FAQ's on purchasing a firearm in a private sale states that the waiting period does apply for all sales, not just those made at a gun show. It also makes the buyer & seller abide by any local ordinances that might prohibit the sale. An example would be selling a firearm that is prohibited by a either a local or county ordinance.
    Yes a true Democratic dominated socialist state. Illinois the land of the slave, and here I thought Lincoln freed the slaves.

    Illinois with it's Democratic controlled Senate and house, Illinois with is crony hiring in the cities. Illinois with it huge state debt to union bosses and members. Illinois with it's huge dropout education numbers, Illinois the only state without some form of carry. Yes, Illinois truly the land of the "FREE"
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  • Jim RauJim Rau Member Posts: 3,550
    edited November -1
    quote:Originally posted by sovereignman
    quote:Originally posted by tjh1948
    quote:Originally posted by slumlord44
    The waiting period and background check on Illinois private sales only applies to private sales at Gun Shows. No waiting period or waiting period anywhere else. Makes no sense to me but thats the law in Illinois.


    The ISP FAQ's on purchasing a firearm in a private sale states that the waiting period does apply for all sales, not just those made at a gun show. It also makes the buyer & seller abide by any local ordinances that might prohibit the sale. An example would be selling a firearm that is prohibited by a either a local or county ordinance.
    Yes a true Democratic dominated socialist state. Illinois the land of the slave, and here I thought Lincoln freed the slaves.

    Illinois with it's Democratic controlled Senate and house, Illinois with is crony hiring in the cities. Illinois with it huge state debt to union bosses and members. Illinois with it's huge dropout education numbers, Illinois the only state without some form of carry. Yes, Illinois truly the land of the "FREE"
    Is there any surprise our current dictator in chief comes from Illinois!!!![}:)]
    And the 'dumacrats' who are party loyal are still following the music of this evil Pied Piper. They believe he 'supports the 2nd Amendment. How stupid can it get!!!![V]
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  • skicatskicat Member Posts: 14,431 ✭
    edited November -1
    Face to face is good in MN as long as both of you are MN residents and you have no reason to believe the other person is restricted (underage,felon, whatever) from purchasing a firearm.
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  • llamallama Member Posts: 2,637 ✭✭
    edited November -1
    Fed law simply states that you must both be residents of the state where the transaction takes place, and neither may be on the "prohibited persons" list...

    Here in Florida I've done F2F sales w/ no issues, although my personal preference is for the other guy (or gal) to show me a concealed carry permit, or for me to have seen them buy from a licensed dealer at a show.
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