Question about private sales

[BW1911]

I know I should go try to find all the federal and state regs, but I don't have a law degree or the patience

If two legal residents of the Commonwealth of Virginia, both of whom are fully qualified to own a firearm (let's say a handgun, for the sake of this question) want to complete a private sale, can they do that outside of Virginia borders? For instance, two Virginia residents meet at a shooting class in Kentucky, decide they want to do a FTF transaction... can they do it there or do they have to come back to Virginia before making the sale to be all legal and all?

Thanks in advance!

[allingeneral]

I'm no lawyer, but my instinct tells me that to be "legal", the transfer must occur inside Virginia.

[OakRidgeStars]

If two legal residents of the Commonwealth of Virginia, both of whom are fully qualified to own a firearm (let's say a handgun, for the sake of this question) want to complete a private sale, can they do that outside of Virginia borders? For instance, two Virginia residents meet at a shooting class in Kentucky, decide they want to do a FTF transaction... can they do it there or do they have to come back to Virginia before making the sale to be all legal and all?

You can't expect the laws of one state to apply in another state. To be safe, make sure you are both VA residents and you are both on VA soil when the deal goes down.

[001]

Yeah, if you do this in Kentucky.. It's Kentucky laws.. Borders are fishy..

[jdonovan]

If two legal residents of the Commonwealth of Virginia, both of whom are fully qualified to own a firearm (let's say a handgun, for the sake of this question) want to complete a private sale, can they do that outside of Virginia borders?

While in another state you are subject to their laws. You would not be violating any federal laws, but you may run into state law problems.... change Kentucky to Maryland, or Illinois, or Massachusetts and you are likely to have a much different feeling on the legality of such a transaction.

[joeshmo]

so....... Why could you not do the transaction in va after the class? For the most part to get anywhere in the state 2 people traveling to the same point in the middle would take 2 hours per person for the most part. Just about the longest drive in va would be from abington va to va beach at 6 1/2 hours total (longest I could find) .

[BW1911]

so....... Why could you not do the transaction in va after the class?

That would be one solution; however, your solution doesn't answer the question for the scenario that I asked.

So, from all the aggregated responses, my take away is Federal Law would NOT prohibit such a transaction, state laws MAY have a bearing (depending on which state, and KY was only an example), and to be safe it would just be best to stay within well defined law and not risk it. Did I get that right?

Thanks!

[joeshmo]

Why would you come onto a forum to get legal advice about a firearms transaction in another state? Call the ATF and ask them.... Your "take on it" could be wrong and most likely is.. Anything out of state and you not a resident falls under federal law.

[BW1911]

Joeschmoe: I came to the same conclusion a couple of messages ago in this thread, but probably didn't articulate it clearly enough, when I said "...it would just be best to stay within well defined law and not risk it..." I don't actually contemplate such a transaction, and was just wondering whether it was legal residence or actual physical location that drove the legal aspects of a private sale (that's why your solution of returning to VA was not of interest... it didn't answer the abstract hypothetical question). RELAX. It was JUST a hypothetical question.

[joeshmo]

Excuse me, was not trying to come across as a arse.... Sorry if I did. What I wrote appears to be a bit brash.

[BW1911]

No offense taken... and clearly your heart is in the right place, since you were trying to prevent what appeared to be a bad decision in the making. I'm okay with that. Still kinda wonder if it legal residence status or actual location of the transaction (or both) that is the controlling factor... just too lazy to look it up and sure as heck don't plan to call ATF... at least not from my phone

[VBshooter]

This is my personal opinion , So take it as you want, If you and the buyer/seller meet privately , transact your business and go upon your way I wouldn't worry about it.. Just remember discretion is key here,, Don;t advertise ( say at the class or somewhere else) what you plan to do..

[joeshmo]

Pretty sure it is the location because the atf regulates via the interstate commerce act. So once you have crossed a state line with a firearms purchase regardless of residency it falls under the above. Purchases are purchases and the feds say you cant buy a handgun out of state without going through a FFL. Might not be a problem in kentucky to purchase but is a problem when you cross any state line..... That's my guess, Im not a lawyer and more than likely incorect.

18 USC 922
Section 922. Unlawful acts

(a) It shall be unlawful -

(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;

3A- Thats the awnser

[BW1911]

So, not the state of legal residence, not the location of the transaction (if within the state of legal residence) but the act of importing it across a state boundary... Thanks for the help!

Now (j/k), if someone were to bequeath me their firearm, then (remember, just kidding) suddenly pass away ... JUST KIDDING... bringing that firearm back to VA would NOT be an "unlawful act"... hmmmm! I'm going to start reading those "Bills of Sale" a bit closer before I sign one!

[joeshmo]

I have exausted my google resources trying to find the awnser to that question Not knowing but I would imagine because it is willed to you, you are the legal owner right?