help needed getting my ducks in a row...

Discussion in 'GA Laws and Politics' started by moga, Jun 25, 2007.

  1. moga

    moga New Member

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    I soon plan on buying my first evil rifle from a seller on Gunbroker. Should I expect a hassle at the FFL? I haven't yet surrendered my MA operators license for a GA lic.

    I haven't done any research to confirm, but my recollection of USC allows for a buyer to take possession of a rifle other than in the state of their primary residence. In which case it shouldn't make much difference of the state from which my identification is issued. As long as the buyer isn't prohibited, that's what counts.

    Am I way off the mark here?
     
  2. GunNut

    GunNut New Member

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    I believe you can purchase rifle's and shotguns with an out of state license. They may or may not ask for proof of residency. (probably not) Handguns are a different story, I don't believe you can transfer one of them with an out of state license.
     

  3. Gunstar1

    Gunstar1 Administrator

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    A buyer and a seller in 2 different states must go through an FFL unless it is a purchase of a rifle or shotgun in person.

    You must physically meet and purchase the rifle or shotgun. If you are not meeting the person to transfer the rifle or shotgun, then it must go through an FFL.
     
  4. moga

    moga New Member

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    Agreed. A firearm purchase that crosses state lines must be done by FFL if not taken FTF. But would the GA FFL demand that the recipient of a transferred rifle to GA have a GA driver's license? Me thinks it shouldn't matter for a rifle. But, as this is my first time taking possession of a firearm under these circumstances, I want to be relatively sure that it's OK before I place my cash in someone else's hands.

    What do you all think?
     
  5. Macktee

    Macktee New Member

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    Well....

    You could have it sent to the attention of someone who is 100% legal in GA to receive it. Of course, you'd have to watch out for Bloomberg's goons.....! And the BATF.....! And the local PD.....! And.......?

    "Straw" or "hay" or "grass" or something like that comes to mind here.....

    However, I do believe if the other person makes the purchase from the out-of-state seller and receives the rifle, then he/she would be perfectly legal to turn around and sell it to you.

    :wink:
     
  6. moga

    moga New Member

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    As I am not one to leave to others to find the answers to questions I've posed, here is the applicable code from GCA 1968 that covers the anticipated transaction under consideration.

    THE GUN CONTROL ACT OF 1968

    TITLE 18, UNITED STATE CODE, CHAPTER 44

    § 922 Unlawful acts.

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

    (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age...

    (2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law ...

    (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;


    I'll probably have less hassle if I wait until I acquire a GA operator's license before I attempt to receive the transfer. This sucks though, because the prospect in question surely will not wait until I receive my GA identification.