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Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 06:11:27
by LFS
Looking at the VA State Police site, it says the following about private sales of handguns:
To privately sell a firearm, it is recommended that you safeguard information pertaining to the transaction such as the date the firearm was sold, the complete name and address of the buyer, and the make, model, and serial number of the firearm. The seller and buyer of a handgun must be a resident of the state in which the transfer occurs. Additionally, Virginia’s handgun purchase limitation applies in private transactions
Where in the Virginia code is this? I've looked but it is not jumping out at me. I read this to mean that I cannot purchase a handgun via private sale in another state. Is that correct?
Re: Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 11:09:31
by VBshooter
If you intend to purchase a handgun privately in another state, then that states laws will govern the sale,, Be best to check them before you do it.
Re: Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 11:34:50
by zephyp
VBshooter wrote:If you intend to purchase a handgun privately in another state, then that states laws will govern the sale,, Be best to check them before you do it.
Better yet if you intend to
sell a HG privately in another state check out the laws first. The seller will probably be the one charged first in an illegal transaction.
Re: Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 11:49:23
by LFS
So why does the Virginia State Police say:
The seller and buyer of a handgun must be a resident of the state in which the transfer occurs.
Is there a federal law that applies?
I'm asking because my brother-in-law, who lives in Virginia, was told something different by a Georgia dealer (we are both down here right now). Checking the Georgia laws, there doesn't seem to be anything about out-of-state sales.
These gun laws are ridiculously complicated... it is almost as if they are designed to ensnare the law abiding.
Re: Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 12:19:04
by Vahunter
From what I understand and have heard if you buy a handgun in another state it has to be shipped to a FFL in your state to complete the transaction.
Re: Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 12:31:09
by zephyp
Vahunter wrote:From what I understand and have heard if you buy a handgun in another state it has to be shipped to a FFL in your state to complete the transaction.
Yup. I've heard the same thing.
Re: Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 13:33:07
by allingeneral
Interstate commerce (sale of firearm from one state to another) is under federal jurisdiction and will therefore not be mentioned in the Virginia Code. Here is a relevant paragraph from the Firearms Control Act of 1968 (18 U.S.C 922 a(3))
§ 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;
My opinion is that any state-to-state transfer of a handgun should be conducted through an FFL in each state involved. It adds a few dollars to the transaction, but the peace of mind is well worth it.
Re: Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 15:45:20
by LFS
Thanks Rick. I thought the advice from the gun dealer was wrong when I heard it. My advice to my brother-in-law was why risk a federal firearms felony over $50.
Re: Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 15:47:45
by GS78
LFS wrote:So why does the Virginia State Police say:
The seller and buyer of a handgun must be a resident of the state in which the transfer occurs.
Is there a federal law that applies?
I'm asking because my brother-in-law, who lives in Virginia, was told something different by a Georgia dealer (we are both down here right now). Checking the Georgia laws, there doesn't seem to be anything about out-of-state sales.
These gun laws are ridiculously complicated... it is almost as if they are designed to ensnare the law abiding.
LOL, bingo!! give that man a prize. They got the idea from the TAX code..
Re: Out-of-State Private sale of a handgun
Posted: Fri, 01 Jan 2010 18:51:53
by flash2pablo
Rick is on the money. It is federal law that applies, not state law when people from different states are involved.
Re: Out-of-State Private sale of a handgun
Posted: Sun, 03 Jan 2010 04:44:34
by cwats04
LFS wrote:Thanks Rick. I thought the advice from the gun dealer was wrong when I heard it. My advice to my brother-in-law was why risk a federal firearms felony over $50.
What Gun Dealer (Name and location) was this that told you and what
exactually did he tell you?
may have to get some of my friends to go hand out some cards and correct this issue