Interstate Face To Face Purchase?

Discussion in 'GA Laws and Politics' started by Happy, Oct 11, 2007.

  1. Happy

    Happy New Member

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    If I wish to purchase a rifle from someone who lives in Florida, but keeps the rifle in GA (at families house), what to I have to do? Do I need to have the rifle transfered through a FFL?

    Thanks,
    James
     
  2. ptsmith24

    ptsmith24 New Member

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    That's interesting. I don't think think I've personally heard of such a situation. Even though it stays in GA, he is the owner of it and stays out of state, correct? IMO, I'd go through a FFL just to be safe.
     

  3. Taler

    Taler New Member

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    I was under the impression that long guns were exempted from going through an ffl when transferred interstate, so ftf would be okay.
     
  4. ptsmith24

    ptsmith24 New Member

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    Well yea, but the catch is technically the owner is an out-of-state resident, even though the gun is physically here. If FTF were hypothetically OK, then that would be saying somebody from FL could bring their gun up here and since it's in GA, it'd be legit.
     
  5. Taler

    Taler New Member

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    Hi PT,

    I'm not understanding the distinction. Help?
     
  6. Adam5

    Adam5 Atlanta Overwatch

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    Long guns must still go through an FFL, unless purchased from an out of state FFL, in person.

    From the ATF website.

     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Taler

    I didn't know there was an exception in the federal law that says "No State-to-State Transfers Without an FFL." I thought it applied to all guns owned by private citizens. I had heard that there was an exception for people to buy LONG GUNS from an FFL dealer in some other state and take it back personally, with them, so long as the transaction didn't violate the laws of either state. But again, that involved a person buying from an FFL dealer.

    The last time I sold a rifle to a resident of another state, I used an FFL dealer in his state (but not one in mine).

    I don't know the answer to the specific question about what if the gun's owner has left Georgia and become a resident of another state, but his gun never left the state. Is that still an "interstate" transfer? It would be under the letter of the law, but not the spirit of the law. I wouldn't take a chance with a federal felony charge, which will forever disqualify you from owning weapons, and BATF is forbidden from "restoring" any gun rights for anyone, no matter how qualified you would be for such a benefit.
     
  8. budder

    budder Moderator Staff Member

    What matters is the residency of the owner, not the location of the gun. Otherwise, you could get around the FFL requirement for handguns if you just crossed the border (legal) and then sold the gun (illegal). As I understand the laws, if you want to buy a gun from someone out of state, you have to go through an FFL.

     
  9. budder

    budder Moderator Staff Member

    Ugh, beaten by seconds.
     
  10. Taler

    Taler New Member

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    Thanks for the clarification.
     
  11. ptsmith24

    ptsmith24 New Member

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    I believe you must use a FFL in the state where the seller is.
     
  12. Happy

    Happy New Member

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    Thanks for confirming what I was thinking. I've purchased a handgun interstate before (through FFL transfers), but was uncertain if long guns were exempt or not.
    So, can we take it to a GA FFL and have it transferred to me, or will he have to have it transferred from a FFL in Florida to a FFL in GA?

    Thanks,
    James
     
  13. budder

    budder Moderator Staff Member

    Both of those are legal in my understanding.
     
  14. Gunstar1

    Gunstar1 Administrator

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    I agree, using a GA FFL would be the same method as if you were buying a handgun (shipped or given to GA FFL for you to pick up after a background check is run). The FL FFL would be the same as buying a longgun interstate (but you would have to drive to FL to pick it up and the GFL nics exemption would not work for you).
     
  15. VolGrad

    VolGrad Tactical Statistician

    I am not sure about this. I think the FFL is more important on the receiving end. An individual non-FFL holder can legally ship a firearm but it must be received by a licensed FFL. Why would an in-person transaction be any different? Does that argument make any sense? However, since long guns can be purchased in a state other than one's own residence, I don't think it would really matter which state they went to a FFL in to conduct the transaction.

    Where is Chris when you need him? cdtracing?
     
  16. ptsmith24

    ptsmith24 New Member

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    Yea, it all is starting to make more sense when I think about it a little more.
     
  17. Macktee

    Macktee New Member

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    Maybe I'm missing something here, or maybe I'm just a scofflaw..., but who's gonna know?

    If it's FTF, who's to say he didn't come to GA to sell it to you? I don't see the problem...

    But, like I said, maybe I do tend to ignore laws that don't make sense to me. Or, especially I tend to ignore those that inconvenience me.

    As we've learned from countless politicians, it's only wrong if you get caught..........

    :D :) :eek: :lol: :wink:
     
  18. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Macktee

    EVEN IF the Florida resident really did drive up into Georgia and personally sell the gun to a Georgia resident, while both of them are standing on Georgia soil, and EVEN IF the gun was never actually taken out of Georgia by the Florida resident, but instead was left behind....
    ... it doesn't matter.

    Resident of one state selling a gun to a resident of a different state is an "INTERSTATE TRANSFER" of a firearm under federal law.

    Such a transfer always has to be done through an FFL dealer. Even if the buyer and seller meet so that they're in the same state at the time of the deal. Driving into Georgia doesn't make you a "Georgia resident."