Legal or not FTF sales

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  • blazer1

    Plinker
    Rating - 0%
    0   0   0
    Jan 24, 2010
    61
    6
    South Bend
    Are FTF sales of long guns, be it buying or selling with a person from out of state legal or must one go through a ffl. At a gun show recently there were many vehicles with out of state plates just curious as to how that works with ftf sales.
     

    mikefraz

    Master
    Rating - 100%
    53   0   0
    Mar 23, 2011
    1,758
    38
    Lakeville
    Long guns don't have to be transferred if I recall as long as it's a FTF. Handguns on the other hand have to be transferred through an FFL. Someone correct me if I'm wrong.
     

    CitiusFortius

    Expert
    Rating - 100%
    1   0   0
    Aug 13, 2012
    1,353
    48
    NWI
    Well I guess that sums up my question, all the out of state vehicles were from MI and OH.

    Ummmm......I'm not sure about the majority opinion here....I thought all interstate transactions needed an FFL. Please consult more than a message board before making a sale.

    (I could be wrong)
     

    CitiusFortius

    Expert
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    1   0   0
    Aug 13, 2012
    1,353
    48
    NWI
    Via ATF pdf:

    atf_zps998bfac8.jpg


    Unless someone else finds something Indiana specific, I wouldn't do it...
     

    LarryC

    Master
    Rating - 100%
    1   0   0
    Jun 18, 2012
    2,418
    63
    Frankfort
    I have a DVD sent to me by the ATF as part of the package received with my FFL-03 (Collector of Curios and Relics). This DVD is supposed to contain all current state laws. Per the issue above I found the following statute:
    35-47-5-6. Interstate firearms sales.
    (a) Any resident of Indiana:
    (1) who is eighteen (18) years of age or older; and
    (2) who is not prohibited by law from obtaining, possessing, or using a firearm; may purchase or obtain a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois.
    (b) Any resident of Ohio, Kentucky, Michigan, or Illinois:
    (1) who is eighteen (18) years of age or older; and
    (2) who is not prohibited by the laws of Indiana, his domicile, or the United States from obtaining, possessing, or using a firearm; may purchase or obtain a rifle, shotgun, or ammunition for a rifle or a shotgun in Indiana.
    (c) Any transaction under this section is subject to the provisions of the Gun Control Act of 1968 (82 Stat. 1213, 18 U.S.C. 0.922(B)(3)).
    I have not researched the ATF Federal laws regarding the purchases so they may override this per item (c). (Might take a while to dig into the fed laws)
     

    HeadlessRoland

    Shooter
    Rating - 100%
    1   0   0
    Aug 8, 2011
    3,521
    63
    In the dark
    Ummmm......I'm not sure about the majority opinion here....I thought all interstate transactions needed an FFL. Please consult more than a message board before making a sale.

    (I could be wrong)

    No, long guns may be purchased from an adjoining State without FFL.
    All handguns out-of-State must go through FFL.


    Even so, some won't sell a long gun interstate without going through an FFL.
     

    CitiusFortius

    Expert
    Rating - 100%
    1   0   0
    Aug 13, 2012
    1,353
    48
    NWI
    No, long guns may be purchased from an adjoining State without FFL.
    All handguns out-of-State must go through FFL.

    you got anything to back that up? Other than something you heard from some guy?

    The post above yours simply says someone from another state can buy a gun, does not stipulate FTF are allowed. And my post, via ATF downloadable pdf says you need an FFL.

    I'm more than willing to be proved wrong.
     

    citizenkane

    Sharpshooter
    Rating - 100%
    39   0   0
    Apr 11, 2009
    708
    28
    You cannot buy anything FTF or sell FTF with someone who is not an Indiana resident. There is even a disclaimer in the Ingo classifieds.
    A person can buy a long gun from an FFL in another state with no problem.
    If two people are residents of a different state there is no scenario where an FFL is not needed other than firearms made before 1898.
     

    FrankTank83

    Plinker
    Rating - 0%
    0   0   0
    Jan 26, 2013
    61
    6
    Indianapolis, IN
    The out of state buyers may be C&R license holders. I have a friend from Cinci that travels to a lot of shows in adjoining states to track down C&R eligible
    pieces for his collection.
     

    revance

    Expert
    Rating - 88.9%
    8   1   0
    Jan 25, 2009
    1,295
    38
    Zionsville
    I have a DVD sent to me by the ATF as part of the package received with my FFL-03 (Collector of Curios and Relics). This DVD is supposed to contain all current state laws. Per the issue above I found the following statute:
    35-47-5-6. Interstate firearms sales.
    (a) Any resident of Indiana:
    (1) who is eighteen (18) years of age or older; and
    (2) who is not prohibited by law from obtaining, possessing, or using a firearm; may purchase or obtain a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois.
    (b) Any resident of Ohio, Kentucky, Michigan, or Illinois:
    (1) who is eighteen (18) years of age or older; and
    (2) who is not prohibited by the laws of Indiana, his domicile, or the United States from obtaining, possessing, or using a firearm; may purchase or obtain a rifle, shotgun, or ammunition for a rifle or a shotgun in Indiana.
    (c) Any transaction under this section is subject to the provisions of the Gun Control Act of 1968 (82 Stat. 1213, 18 U.S.C. 0.922(B)(3)).
    I have not researched the ATF Federal laws regarding the purchases so they may override this per item (c). (Might take a while to dig into the fed laws)



    This was repealed last year because it was no longer necessary to explicitly allow. Federal law changed to allow interstate sale of long guns (quite some time ago), so we no longer needed a State law to allow it. Some people were getting screwed because other states wouldn't sell to Indiana residents because their legal department saw this and thought it meant other states were prohibited, when really it was just outdated and unnecessary.
     

    revance

    Expert
    Rating - 88.9%
    8   1   0
    Jan 25, 2009
    1,295
    38
    Zionsville
    SB0094 (now P.L. 60-2011) summary:

    Repeals a provision that states: (1) a resident of Indiana may purchase a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois; and (2) a resident of Ohio, Kentucky, Michigan, or Illinois may purchase a rifle or shotgun in Indiana. (This provision was enacted in 1983 in response to the federal Gun Control Act, which allowed sales of rifles and shotguns to a nonresident of a contiguous state only if both states enacted laws allowing the sales. However, this contiguous state requirement of the federal law was amended in 1986 so that firearms dealers can sell to residents of any other state if the purchase is legal under federal law and any applicable state laws.)
     
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