Firearm & Gun Forum - FireArmsTalk.com > General Firearms Forums > Legal and Activism > Private purchase out of state laws

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Old 02-13-2013, 04:36 AM   #11
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Originally Posted by DruidKing View Post
So is there really no way to buy a rifle through a private deal? I thought that if Joe Blow wanted to sell me his own gun that everything would be cool. Whatever happened to this "Gun Show Loop Hole" that everyone talks about? I thought that the laws regarding sale between private citizens were different than those involving a dealer... This is annoying me.

Does anyone know when the NYS gun laws expire? I can't seem to find any mention of it anywhere.
Private sales can take place only between residents of the same state. Any gun that crosses a state line must be transferred by a dealer (FFL) and requires a background check. Long arms can be transferred by a dealer in the state of sale, handguns must be shipped to a FFL in the buyers state of residence.
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Old 02-13-2013, 11:45 AM   #12
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Whatever happened to this "Gun Show Loop Hole" that everyone talks about? I thought that the laws regarding sale between private citizens were different than those involving a dealer
That "Gun show loophole" ranks up there with Kosher ham, dehydrated water, and low salt brine.

Yes, the laws ARE different for sales between private persons. That is why a DEALER can sell a rifle to someone from another state, and a private person cannot.

As has been said by several folks here- this is governed by FEDERAL law- there is not question of a state law allowing something less stringent. It applies in all 50 (or 57) states.

The ONLY time that a firearm can be transferred private party to private party WITHOUT going thru a FFL holder is in the case of INHERITANCE of a firearm. The Executor of an estate CAN ship a firearm directly to an inheritor IF ownership of the firearm in legal in the inheritor's state.

http://www.law.cornell.edu/uscode/text/18/922
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