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Shotgun Sale - IL Resident to non-resident FTF

Discussion in 'Uncategorized Threads' started by dmarbell, Jun 28, 2008.

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  1. dmarbell

    dmarbell Active Member

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    Nonresident of IL desires to purchase a shotgun from private IL resident. Nonresident has own state CCW ID card, and is not otherwise prohibited from purchasing and owning shotguns.

    Do IL law or federal law prohibit this FTF sale without involvement of FFL?

    Danny
     
  2. BAD 303

    BAD 303 Active Member

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    If you are meeting in person you need not involve a ffl holder. If shipping the gun it needs to be transfered thru a ffl holder. Man if we in Illinois could only have a concealed carry permit. Then we would be treated like the rest of the citizens in this country. The libs have been in power way to long in Illinois. The useless foid card scam and no concealed carry permits. A good reason to fear government in Illinois. Maybe the new supreme court ruling will bring about more lawsuits in this communist state.
     
  3. dmarbell

    dmarbell Active Member

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  4. Fast Oil

    Fast Oil TS Member

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    Danny, to be legal it must go through a FFL here in NC if it is being shipped. If you are in ILL FTF, as long as it is not at a gun show, transfer is OK.


    (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)]
     
  5. ou.3200

    ou.3200 Well-Known Member

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    The transfer between unlicensed individuals who live in different states is NOT legal face to face or otherwise unless the transfer is made through an FFL licensee. Read the citations posted above carefully. It says that an unlicensed person may only acquire a firearm within the person's own state except in person at a LICENSEE'S premises in any state. No where does it say face to face between unlicensed individuals who reside in different states is permissible.
     
  6. HSLDS

    HSLDS Well-Known Member

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    A word of caution here...

    I live in PA, and different aspects of our firearms laws define what a 'firearm' is differently...

    In some instances it refers to all firearms, in others it refers to what one would consider to be a handgun - you MUST read the preamble to the section to determine which you are dealing with.

    As a GENERAL rule, long gun purchases need not go through an FFL, they may occur in person, to out of state persons not otherwise barred from possessing the firearm.

    Again, you need to research the preamble or lead-in to the section of law which covers the area you are concerned with.

    EXAMPLE

    For PA there is the following web site which suggests that ALL firearms transfers need to be done via an FFL - http://www.guntransfer.org/index.html.

    If you follow to the Q & A section number 11 explains the difference for long guns - it is hidden unless you are willing to read a bit...

    Here is a further comment on it:
    http://blogostuff.blogspot.com/2008/05/misleading-pa-gun-transfer-website.html

    Take the time to learn your local laws!
     
  7. ou.3200

    ou.3200 Well-Known Member

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    The previous post states:

    "As a GENERAL rule, long gun purchases need not go through an FFL, they may occur in person, to out of state persons not otherwise barred from possessing the firearm."

    The last part about long gun sales to out of state persons being legal if they are not otherwise barred from possessing a firearm is not correct. Federal law mandates that a firearms transfer (including long guns) to someone who is a resident of another state be through an FFL. The citation provided has the following:

    "Private transfers of rifles and shotguns between PA residents is perfectly legal, only handgun sales, NFA transfers, and transactions with out of state residents must go through an FFL."

    Note that the citation states that transactions with out of state residents must go through an FFL
     
  8. g7777777

    g7777777 TS Supporters TS Supporters

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    I doubt it but contact an attorney in Illinois

    This transaction is not between Illinois residents but meant to defeat that provision

    regards from Iowa

    Gene

    PS - if you do it and you are wrong- what do you stand to lose? maybe a lot- including your freedom and right to own guns

    weigh all factors
     
  9. ou.3200

    ou.3200 Well-Known Member

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    Here it is directly from the Gun Control Act of 1968, US Code Title 18, Part 1, Chapter 44, Section 922 (a)5:

    (a) It shall be unlawful—

    (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;

    You can find it at: http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html

    There are big penalties and BATFE wouldn't have a sense of humor if they caught someone.
     
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