Question?!

Discussion in 'Kentucky Gun Forum' started by kytowboater, Jan 8, 2014.

  1. kytowboater

    kytowboater Active Member

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    Can an Indiana resident purchase a long gun face to face in Kentucky?Example. I have rifle. I'm ky resident. Guy has money. He is Indiana resident. Can I see a guy a rifle that lives in Indiana?
     
  2. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    The transaction must be done by a dealer. :(
    And Indiana has some weird laws like the FOID.
     

  3. kytowboater

    kytowboater Active Member

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    Ok. Thanks. I called ATF office said pretty sure it needed to be Ffl. I'll call my Ffl in morning and check transfer rates. I think they can walk out with it and not have to ship a long rifle.
     
  4. kytowboater

    kytowboater Active Member

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    Okay. handguns must be transferred FFL and shipped to new owners home state Ffl. long guns CAN be face to face no Ffl in ky. Assuming guy can own weapons.
     
    Last edited: Jan 9, 2014
  5. c3shooter

    c3shooter Administrator Staff Member

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    Nope. Federal law- and the ATF damn well knows better.

    Here is the deal- you may obtain a long gun FROM A DEALER in another state.

    You can obtain a long gun or handgun from a private citizen IN YOUR OWN STATE.

    Go outside your home state, any purchase must be a long gun, from a dealer. 18 US Code 922.
     
  6. kytowboater

    kytowboater Active Member

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    Then the FFL dealers need to get they're stuff straight. Three places told me today we could do a face to face on rifles.

    Will do the transfer. It's only 15 anyway.
     
  7. Mercator

    Mercator New Member

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    Yes, you can, at a gun show.
     
  8. kytowboater

    kytowboater Active Member

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    Just got of phone with ATF. ATF office said if the out if state person comes to Kentucky, you can sell face to face, no FFL on LONG GUN only. Of course no class 3 blah blah blah. This is for a mosin nagant.
     
  9. c3shooter

    c3shooter Administrator Staff Member

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    Towboater- you are being given bad counsel. A DEALER can sell a long gun to a non-resident. An unlicensed person cannot.

    18 US Code Section 922- It shall be unlawful.....

    (A) (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

    b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

    (3) any firearm to any person who the licensee 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 licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
     
  10. kytowboater

    kytowboater Active Member

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    How do they give that info out then? WTf.

    ATF compliance on phone asked if we were meeting at my house. Ugh. Okay. Thanks c3. Shame the enforcers don't understand their own laws.
     
  11. texaswoodworker

    texaswoodworker New Member

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    The person who told you that doesn't know the law then. You can only do a face to face without an FFL if they are a resident of your own state (and if there are no state laws forbidding this). Everyone else must go through an FFL.
     
    Last edited: Jan 9, 2014
  12. kytowboater

    kytowboater Active Member

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    So that's three gun stores and the local ATF office who are incorrect.
     
  13. texaswoodworker

    texaswoodworker New Member

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    http://www.atf.gov/content/firearms...ons-unlicensed-persons#gca-unlicensed-acquire

     
  14. Mercator

    Mercator New Member

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    Towboater

    You can meet at a gun show in KY. Any KY FFL can process your transaction for a small fee. An Indiana resident can take a long gun home from there, no problem.
     
  15. sarg1c

    sarg1c New Member

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    I believe you are correct....
     
  16. sarg1c

    sarg1c New Member

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    If the seller is a private citizen and not a FFL all is good, If he is a FFL holder he must complete the paperwork.
     
  17. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    C3shooter is correct.
    He always is. :mad:
     
  18. Mercator

    Mercator New Member

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    I don't know which state you are in. I am an IN resident, and I have bought guns in KY. A private purchase is fine, but taking it home across the state line is not. To make it legal you must go through a local FFL. Then you are gtg with a long gun. A handgun has to be shipped to an FFL holder in IN.
     
    Last edited: Feb 10, 2015
  19. c3shooter

    c3shooter Administrator Staff Member

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    Gents- the thread is over a year old. HOWEVER-

    Unless you are a FFL holder,

    A. You may NOT acquire a handgun in any state other than your own.

    B. You may NOT acquire a rifle or shotgun in any state other than your own EXCEPT from a FFL.

    In this case, residents of two different states want to make a sale/purchase of a rifle without going thru a FFL. That is a violation of Federal law- 18 USC 922, which I did a C&P of last page.

    You CAN go to another state and buy a rifle- FROM A DEALER. Or you can have it shipped to a dealer in your state for transfer to you. But a face-to-face sale between 2 non-dealers from different states is illegal as hell, and has been since 1968.

    Trust me on this one, folks.
     
  20. KG7IL

    KG7IL Active Member

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    Do we need update today, after the latest court decision?