Is this legal?

View previous topic View next topic Go down

Is this legal?

Post by TankerHC on Thu Mar 17, 2011 10:33 pm

Im thinking I saw another thread that said it wasnt but I couldnt find it. Here it is. I was looking to buy a Springfield GI Mil-Spec. Guy in Alabama has one and is coming through Jackson next week. Wants to do a swap plus cash with me. Is it legal for him to bring a handgun from Alabama to MS and sell it to me and is it legal for me to do a swap with him and give him one of my guns? Like I mentioned, I believe I read it is illegal but I dont know.


TankerHC
Contributing Member
Contributing Member

Posts: 3109
Join date: 2010-07-26
Age: 49
Location: Clinton

Back to top Go down

Re: Is this legal?

Post by sidroski on Thu Mar 17, 2011 10:44 pm

Better go down to an FFL. You are right, it is illegal to sell a pistol to anyone out of state.

sidroski
Contributing Member
Contributing Member

Posts: 5607
Join date: 2009-05-11
Location: Florence MS

Back to top Go down

Re: Is this legal?

Post by jakeg823 on Thu Mar 17, 2011 11:22 pm

I understand that it's illegal for him to swap one of his to someone from out of state, and this is probably stretching a bit here, but would the guy coming to Mississippi and selling the gun to someone from here count the same way? Obviously in the case of a trade an ffl is the best way to go, but I've been wondering this for a little while now, and this seems like a decent example of it.

jakeg823
Distinguished Poster
Distinguished Poster

Posts: 3328
Join date: 2010-01-11
Age: 23
Location: Florence

Back to top Go down

Re: Is this legal?

Post by NRA_guy on Fri Mar 18, 2011 6:42 am

I didn't find a straight answer and ran out of time.

As I recall, you'd be OK buying it, but he would be in trouble selling it.

But this is on a BATF site.

I think they write their regulations to specify what IS authorized---implying that anything not authorized is prohibited. That gives them more control and prohibits anything they might have overlooked or anything new that comes down the pike.

(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. A person may
borrow or rent a firearm in any State
for temporary use for lawful sporting
purposes.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27
CFR 478.29 and 478.30]


(B3) May an unlicensed person
obtain a firearm from an out-of-
State source if the person arranges
to obtain the firearm through a
licensed dealer in the purchaser’s
own State?
A person not licensed under the
GCA and not prohibited from acquiring
firearms may purchase a firearm
from an out-of-State source and obtain
the firearm if an arrangement is
made with a licensed dealer in the
purchaser's State of residence for the
purchaser to obtain the firearm from
the dealer.
[18 U.S.C 922(a)(3) and 922(b)(3)]


(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. A person
may loan or rent a firearm to a resident
of any State for temporary use
for lawful sporting purposes, if he
does not know or have reasonable
cause to believe the person is prohibited
from receiving or possessing
firearms under Federal law. A person
may sell or transfer a firearm to a
licensee in any State. However, a
firearm other than a curio or relic may
not be transferred interstate to a licensed
collector.
[18 U.S.C 922(a)(3) and (5), 922(d), 27
CFR 478.29 and 478.30]


Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

NRA_guy
Distinguished Poster
Distinguished Poster

Posts: 2245
Join date: 2009-04-25
Age: 65
Location: Vicksburg

Back to top Go down

View previous topic View next topic Back to top

- Similar topics

Permissions in this forum:
You cannot reply to topics in this forum