Against the law to BUY a gun from out-of-state private sale?

[Six Forty-Two]

I realize it is illegal for an Indiana resident to sell a handgun to a nonresident without using a FFL. I have sold one and asked to see his ID. No problem.
Here are my two experiences purchasing from private sellers at a gun show:
First guy had a table that looked pretty much like every other table. Did not have any signs that it was a private collection. I made an offer. We agreed on an amount, then he informed me he was an Illinois resident. I had to find another dealer at the show to do the transfer. Fortunately, I found one, but cost me an additional $20 to make that purchase. I was glad the seller came down from the original price.
My most recent purchase was a similar setup. Small table at a gun show. I was listening to the seller speaking to another buyer while I was looking, so I knew it was a private sale. After we agreed on a price for my purchase, he never asked for any ID. This got me thinking. How did he know I was legal?

Sorry for all of that, but just wanted you to know where I am coming from with my question. Are there any legal ramifications for the buyer who makes a purchase from a private seller if the seller is a nonresident? Should I have asked for ID before I buy from a private sale (i.e. from an INGO classified). We hear all the time about checking ID when you are the seller, but what about the other way?

 

[PGRChaplain]

Why didn't you ask for his ID? If he is in fact not an Indiana resident you both broke the Federal Law on Interstate sales. I'm in Ft Wayne and we get a lot of Ohio folks posting firearms on Armslist, Facebook, Craigslist Ect. You have to protect yourself First! If I were you I'd delete this post NOW!

 

[Six Forty-Two]

In the second case, I did overhear him talking that he was from the Crawfordsville area. So I was not concerned with this particular purchase, but was wondering about that type of scenario.

 

[remauto1187]

You never mentioned the seller asking you if you were "a proper person" (AKA: A felon) either. So the seller made 2 mistakes. (1) Not asking you if you were a proper person. (2) Not verifying your residency.

One time is all it takes for either the seller or the buyer to be BATFE and its party over!

 

[cce1302]

Read here.

 

[sig-guy]

Was you the guy at Gander Mt?
(talking about the Colt 22)

 

[darinb]

Ive had some buyers not want to show me any ID at all because I may "record" some of their information, to each their own but its not worth breaking a law. I suggest always using the INGO classifieds

 

[SpaldingPM]

You should always check each other's ID in a private firearms transaction, no matter what, under any circumstance. The crime of illegal interstate sales
Of firearms are pretty harsh and not to be taken lightly.

 

[ryknoll3]

You never mentioned the seller asking you if you were "a proper person" (AKA: A felon) either. So the seller made 2 mistakes. (1) Not asking you if you were a proper person. (2) Not verifying your residency.

One time is all it takes for either the seller or the buyer to be BATFE and its party over!

You are not required to ask if someone is a proper person. You only have to have "no reason to believe" that they are an improper person. Unless you have personal knowledge of that person's criminal history, or overheard him telling someone he was prohibited, you are legally covered.

There's nothing in the law about "reason to believe" when it comes to residency though, so I'd be more careful to verify.

 

[BigRed3588]

This is a little off topic, but what if you inherit a firearm from a family member that lives out of state, and the gun is registered in that state. Must it be transferred to a FFL before it could be picked up here in Indiana, or does the fact that it is being inherited following a death change the circumstances?

 

[ryknoll3]

This is a little off topic, but what if you inherit a firearm from a family member that lives out of state, and the gun is registered in that state. Must it be transferred to a FFL before it could be picked up here in Indiana, or does the fact that it is being inherited following a death change the circumstances?

A gun that is inherited can be transferred directly to the beneficiary without an FFL, even across state lines. This is Federal law.

As to how a state handles a gun that is REGISTERED in that state (just because you bought a gun, doesn't make it registered, most states don't have a registration scheme), that would vary from state-to-state. In a case involving two states that don't have registration, a firearm could be boxed up and sent directly to the beneficiary (following package carrier rules), or otherwise delivered to them.

 

[Six Forty-Two]

Thanks everyone for your input. I hope this thread will help others that can learn from my experience.

 

[sig-guy]

Was you the guy at Gander Mt?
(talking about the Colt 22)

OP?

 

[Six Forty-Two]

OP?

No. I wasn't buying or selling a Colt at Gander. Sorry I missed your original.

 

[JettaKnight]

You never mentioned the seller asking you if you were "a proper person" (AKA: A felon) either. So the seller made 2 mistakes. (1) Not asking you if you were a proper person. (2) Not verifying your residency.

One time is all it takes for either the seller or the buyer to be BATFE and its party over!

How is that a mistake? The law is quite clear: you must not have a reason to believe the buy is improper. There's been attempted BATFE stings that failed because the buyer didn't actively know the buyer was a felon.

EDIT: I noticed this was addressed after I posted.


You know, I never had a non-dealer check my residency status at any of these shows...
Now, I do think the "private table" thing gets abused way too much.

 

[TheDude]

OP, remove your post and research next time. If your that worried about the firearm go to police station and have them run the numbers. Leave firearm unloaded in the car.

 

[JettaKnight]

OP, remove your post and research next time. If your that worried about the firearm go to police station and have them run the numbers. Leave firearm unloaded in the car.

What's there to "research"? The OP knows the law. I always have to laugh at these "remove your post" comments. Once the cat is out of the bag and on the internet...

The OP, just stated he thought it was weird that (1) a private seller had a table at a gun show OUTSIDE of his home state, and (2) Another private seller (that he believed was an IN resident) didn't bother to confirm that the buyer (the OP) was in IN resident.

There's no reason at all here to believe any firearms in question are stolen.


So the question is, when you buy from a private seller with a table at a gun show, do you verify residency of the seller? Or, when selling to a private seller, do you verify the buyer's status?

 

[Harleyrider_50]

Out'a State w/out FFL?

say 'is medium.....then fast.....

Fell......Oh......Knee