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Question on Gun Trades Between Individuals ???????

Discussion in 'Shooting Related Threads' started by Easystreet, Jul 21, 2010.

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  1. Easystreet

    Easystreet Well-Known Member

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    I have a hypothetical question about the procedure to use if one individual is buying a gun from another individual (in a different state) and is trading in a gun of lesser value. Let's suppose this trade is being done via the internet/email/etc and neither has actually seen the other person's gun in person. Naturally, I would expect to obey all laws regarding the transfer of guns.

    So, my questions is just how this trade would go? In other words, who would do what in what order or sequence? Would the person with the more expensive gun wait for the other person to ship him his less expensive gun plus the cash (check, money order) difference before shipping his more expensive gun to the other guy? Or would they handle the exchange/trade in some other manner? Just curious if anyone here has done this?

    Thanks,

    Easystreet
     
  2. BAD 303

    BAD 303 Active Member

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    I would think both guns would be shipped at the same time with tracking info provided and the guy paying difference would include the money with his gun shipemnt. And bothj would be allowed a three day inspection just as any other transaction. Just the way i would do it.
     
  3. Trap2

    Trap2 Well-Known Member

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    I have done this very thing a couple times here on T/S.com and handled them just as BAD303 described above. Both times the trade went without a hitch on either end.... Dan Thome (Trap2)
     
  4. ABH

    ABH Member

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    When doing an out of state swap, I would use a FFL dealer on both ends of the transaction. What is the difference between a swap and a flat out purchase? Then you know you are safe.

    ART H.
     
  5. spitter

    spitter Well-Known Member TS Supporters

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    On an OOS tx, isn't an FFL a requirement?!

    Jay
     
  6. Hivoltfl

    Hivoltfl Member

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    FFL is not required on long guns, provided its legal to own in your State or City.

    Rick
     
  7. Gary Waalkes

    Gary Waalkes Well-Known Member

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    Highvoltfl - We have gone thru this subject quite recently. The controlling law is the firearms control act of 1968 and it is 100% ILLEGAL to transfer any firearm to a person from another state without an FFL in the sellers state.

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides;except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
     
  8. Easystreet

    Easystreet Well-Known Member

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    Gary,

    Don't you mean that the FFL has to be involved in the transfer on the BUYER's end of the sale and not the sellers end?

    Easystreet
     
  9. eightbore

    eightbore Well-Known Member

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    Easystreet seems to be right. The words that Gary seems to have missed are "other than". I, as a non FFL holder, can send a gun to a dealer in any state as I understand it. If he is prohibited from receiving it, it is up to him to tell me about it.
     
  10. motordoctor

    motordoctor Shoji Tabuchi in Branson

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    but in a trade the gun crosses the state border there an ffl needed on both sides. the one selling the gun can leagally ship it to the other state but it must ba an ffl licensee. the tradre coming back will have to also go to an ffl
     
  11. Easystreet

    Easystreet Well-Known Member

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    Motordoctor,

    That's true, an FFL is needed on the RECEIVING end of each transaction, but not on the sending end. So if I'm trading guns with someone in another state, I send my gun directly to his FFL and he sends his gun directly to my FFL. No need to have an FFL do the sending on either end.

    I just didn't know who customarily sent his gun first. I suppose that if you both agreed to send the guns on the same date, that would solve that question..... as long as both parties lived up to their end of the agreement.

    Easystreet
     
  12. teddytheyorkie

    teddytheyorkie TS Member

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    Unless things have changed in the last twenty years....I believe that as soon as you involve a FFL holder than you are subject to all of the federal laws regarding gun transfers. However, the Federal Firearms laws do not apply to private gun transactions between private parties. I had purchased a shotgun through an online auction site from a ffl gunshop and they required the transfer to be through a FFL and I had to fill out the federal forms when I picked up the shotgun. Mark Haider
     
  13. eightbore

    eightbore Well-Known Member

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    Well, yeah, that's the way it works.
     
  14. jimrich60

    jimrich60 Member

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    "Unless things have changed in the last twenty years....I believe that as soon as you involve a FFL holder than you are subject to all of the federal laws regarding gun transfers. HOWEVER, THE FEDERAL FIREARMS LAWS DO NOT APPLY TO PRIVATE GUN TRANSACTIONS BETWEEN PRIVATE PARTIES. I had purchased a shotgun through an online auction site from a ffl gunshop and they required the transfer to be through a FFL and I had to fill out the federal forms when I picked up the shotgun." Mark Haider

    ABSOLUTELY FALSE. Federal Firearms laws apply to individuals as well as FFL holders. Sales outside of your own state, including long guns, are governed by federal laws as well as state laws in both states involved. A firearm sold, given, or whatever to someone in another state must go through an FFL holder and proper paperwork filled out. Private transfers of firearms WITHIN your own state (if you are both legal residents of that state) are not federally controlled, but are still subject to your state laws requirements, if any.

    If you have any questions or doubts as to the law(s) on firearms transfers, check with the BATF and your local/state authorities before doing so. Don't rely on advice from forums for this, unless you like fines and jails.
     
  15. motordoctor

    motordoctor Shoji Tabuchi in Branson

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    you are correct that you do not need an ffl to ship the gun only to receive. Here is a really good ides. SEND PICTURES--LOTS OF PICTURES. so there is no discussion as the the item in question. I have sold a bunch of stuff through this site and only had one problem and the guy on the other end was trying to make me for a 6 dollar spring that he said he never received and said I never shipped. Really stupid if I sold him some parts andhe said I did not include the other part. Anyway talk on the phone and figure out what is happening first. Most trapshooters a real people and will not have a problem with sending a gun for inspection. motordoc
     
  16. BAD 303

    BAD 303 Active Member

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    I did leave out the part about both guns being transfered thru a ffl holder but figured everyone knew that. And you can have the ffl holder fax you a copy of his ffl. You do not have to have one sent thru the mail.
     
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if you are tradeing your gun for another gun do you need to fill out form