Private party buying question
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Old 09-16-2011, 05:35 PM   #1
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Default Private party buying question

I have a question regarding the buying and selling of firearms from a private seller that is a legal Georgia resident to a private buyer that is a legal Georgia resident. Every single source I have checked says that it is fully legal to privately buy and sell long guns in Georgia without going through a licensed FFL dealer (and therefore not requiring identity of background check). However, I am not a U.S. Citizen; I am in the country as a legal resident on a VISA.

I have not been able to find any specifics on this at all, so I am guessing that it is fully legal, but I would just like to double-check on these boards in case anyone happens to be educated on the subject. If anyone has any information on this, I would greatly appreciate it!

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Old 09-16-2011, 05:48 PM   #2
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I am no expert but my understanding is that it is legal. That said, however, I believe that selling a firearm to anyone with a record is a criminal offense. If you know the person well enough it is probably safe but selling to strangers can be riskier than people think. Or maybe I am overly paranoid...

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Old 09-16-2011, 05:50 PM   #3
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Fortunately, I'm the buyer!

And I have no criminal record, so that's not an issue.

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Old 09-16-2011, 09:53 PM   #4
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To protect both you and the seller, I would suggest you contact an attorney who is knowledgeable about firearm laws in Georgia.

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Old 09-16-2011, 11:00 PM   #5
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yeah contact an attorney. but, FWIW I did a project for one of my college classes where I researched a bunch of Mississippi gun laws, and they all referred to "residents" and not "citizens". Here in MS any library that receives a penny of state funding also gets a full law library, so you may check at the library and see if it's the same over there, and you could do your own research. It would still be quicker and easier to ask a lawyer though (probably), and if you break the law unknowingly then you could sue for a few mill!! yeah j/k

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Old 09-18-2011, 12:20 AM   #6
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If I had to do this, considering the cost and issues, I'd run it

through an FFL.

But that's what I'd do, not what to do...

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Old 09-18-2011, 12:28 AM   #7
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for your legal safety you should run all firearms through an FFL. if the guy your buying it from committed a crime with it or got it from some else who did or stole it or got it from some who stole it. that can come back to haunt you and may get your visa revoked or end any chance at citizenship if thats a goal.

going through a ffl shows intent not to buy stolen or illegal firearms. intent is 99% of the law.

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Old 09-18-2011, 04:01 PM   #8
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Quote:
Originally Posted by JonM View Post
for your legal safety you should run all firearms through an FFL. if the guy your buying it from committed a crime with it or got it from some else who did or stole it or got it from some who stole it. that can come back to haunt you and may get your visa revoked or end any chance at citizenship if thats a goal.

going through a ffl shows intent not to buy stolen or illegal firearms. intent is 99% of the law.
Yeah, THIS ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

If you take it through an FFL, no matter how badly FDLE or the FFL

screws up the background check, if it comes back later as an issue,

you have the protection of the licensed FFL backing you.
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Old 09-18-2011, 10:32 PM   #9
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You would do well to consult with an attorney, since being wrong could- at a MINIMUM, result in revocation of your visa, and deportation.

Now, I am NOT an attorney- but certain non-immigrant aliens MAY legally purchase firearms in the US. It is on the form 4473 used by gun dealers. Much of the Federal law is in Title 18, US Code, Section 922. Your attention is invited to section (y) (2). Got a hunting license?

(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas. -
(1) Definitions. - In this subsection -
(A) the term "alien" has the same meaning as in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)); and
(B) the term "nonimmigrant visa" has the same meaning as in
section 101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26)).
(2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
admitted to the United States under a nonimmigrant visa, if that
alien is -
(A) admitted to the United States for lawful hunting or
sporting purposes or is in possession of a hunting license or
permit lawfully issued in the United States;

(B) an official representative of a foreign government who is
-
(i) accredited to the United States Government or the
Government's mission to an international organization having
its headquarters in the United States; or
(ii) en route to or from another country to which that
alien is accredited;
(C) an official of a foreign government or a distinguished
foreign visitor who has been so designated by the Department of
State; or
(D) a foreign law enforcement officer of a friendly foreign
government entering the United States on official law
enforcement business.
(3) Waiver. -
(A) Conditions for waiver. - Any individual who has been
admitted to the United States under a nonimmigrant visa may
receive a waiver from the requirements of subsection (g)(5), if
-
(i) the individual submits to the Attorney General a
petition that meets the requirements of subparagraph (C); and
(ii) the Attorney General approves the petition.
(B) Petition. - Each petition under subparagraph (B) shall -
(i) demonstrate that the petitioner has resided in the
United States for a continuous period of not less than 180
days before the date on which the petition is submitted under
this paragraph; and
(ii) include a written statement from the embassy or
consulate of the petitioner, authorizing the petitioner to
acquire a firearm or ammunition and certifying that the alien
would not, absent the application of subsection (g)(5)(B),
otherwise be prohibited from such acquisition under
subsection (g).

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