Smith & Wesson Forum

Advertise With Us Search
Go Back   Smith & Wesson Forum > General Topics > The Lounge

The Lounge A Catch-All Area for NON-GUN topics.
PUT GUN TOPICS in the GUN FORUMS.
Keep it Family Friendly. See The Rules for Banned Topics!


Reply
 
Thread Tools Display Modes
  #1  
Old 03-11-2018, 09:02 PM
Beauetienne's Avatar
Beauetienne Beauetienne is offline
Member
Private Sale from Texas Resident to Louisiana Resident  
Join Date: Oct 2008
Location: Acadiana
Posts: 1,064
Likes: 1,324
Liked 735 Times in 269 Posts
Default Private Sale from Texas Resident to Louisiana Resident

Hope this is the proper forum...There is a fellow from Texas that I would like to buy a pistol from.
I am a Louisiana resident and he would travel to Louisiana to sell it to me.
Anyone have knowledge on a private transfer such as this ?
The ATF Q&A, FAQ section on this leaves me unsure as to how to proceed.
What recordkeeping procedures should be followed when two unlicensed individuals want to engage in a firearms transaction? | Bureau of Alcohol, Tobacco, Firearms and Explosives
Thanks. I believe I will call the ATF tomorrow.
__________________
" I don't recall, senator."
Reply With Quote
  #2  
Old 03-11-2018, 09:17 PM
Trooperdan Trooperdan is offline
US Veteran
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Feb 2006
Location: Wellington FL Aberdeen NC
Posts: 1,620
Likes: 4,326
Liked 1,479 Times in 514 Posts
Default

You need to transfer through a dealer in your home state
__________________
Old paratrooper in NC
Reply With Quote
  #3  
Old 03-11-2018, 09:21 PM
g-dad's Avatar
g-dad g-dad is offline
SWCA Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Dec 2014
Location: Lincoln Co. NC
Posts: 2,268
Likes: 8,642
Liked 3,721 Times in 1,246 Posts
Default

Trooperdan is correct.
__________________
Dan
Ps 96 SWCA 2930 SWHF 524

Last edited by g-dad; 03-13-2018 at 12:29 AM.
Reply With Quote
The Following 2 Users Like Post:
  #4  
Old 03-11-2018, 09:22 PM
hittman77's Avatar
hittman77 hittman77 is offline
Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Jan 2008
Location: Illinois
Posts: 2,784
Likes: 1,928
Liked 4,444 Times in 1,365 Posts
Default

Yep .... have him meet you at your FFLs location.
You hand him money.
He hands gun to FFL.
You do 4473.
Reply With Quote
The Following User Likes This Post:
  #5  
Old 03-11-2018, 09:27 PM
Beauetienne's Avatar
Beauetienne Beauetienne is offline
Member
Private Sale from Texas Resident to Louisiana Resident  
Join Date: Oct 2008
Location: Acadiana
Posts: 1,064
Likes: 1,324
Liked 735 Times in 269 Posts
Default

Thanks, y'all !
__________________
" I don't recall, senator."
Reply With Quote
  #6  
Old 03-11-2018, 11:15 PM
handejector's Avatar
handejector handejector is offline
Administrator
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Mar 2005
Posts: 26,029
Likes: 9,720
Liked 51,342 Times in 9,800 Posts
Default

Quote:
Originally Posted by Beauetienne View Post
There is a fellow from Texas that I would like to buy a pistol from.
I am a Louisiana resident and he would travel to Louisiana to sell it to me.
That would be an UNLAWFUL Act.

from here-https://www.atf.gov/firearms/firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-acquire

we see-
Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?


A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]
__________________
Regards,
Lee Jarrett
Reply With Quote
The Following 4 Users Like Post:
  #7  
Old 03-11-2018, 11:25 PM
Weimar Weimar is offline
US Veteran
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Nov 2013
Location: North of Spokane, WA
Posts: 489
Likes: 532
Liked 613 Times in 277 Posts
Default

Legal for rifle or shotgun but not handguns

As said easier to just do a transfer through dealer
Reply With Quote
  #8  
Old 03-12-2018, 12:47 AM
Rastoff's Avatar
Rastoff Rastoff is offline
Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Dec 2011
Location: So Cal (Near Edwards AFB)
Posts: 14,710
Likes: 2,926
Liked 17,104 Times in 6,272 Posts
Default

To reiterate what the gorilla said, you can only legally transfer a handgun person to person within the same state where you are both residents (depending on state law of course).

Just have him ship it to your FFL.
__________________
Freedom isn't free.
Reply With Quote
  #9  
Old 03-12-2018, 09:19 AM
handejector's Avatar
handejector handejector is offline
Administrator
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Mar 2005
Posts: 26,029
Likes: 9,720
Liked 51,342 Times in 9,800 Posts
Default

Quote:
Originally Posted by Weimar View Post
Legal for rifle or shotgun but not handguns

As said easier to just do a transfer through dealer
To be clear-
It is NOT legal for a private citizen to transfer ANY firearm to a resident of another state. That includes rifles and shotguns.
__________________
Regards,
Lee Jarrett
Reply With Quote
The Following 7 Users Like Post:
  #10  
Old 03-12-2018, 09:35 AM
Gamecock's Avatar
Gamecock Gamecock is offline
Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Jan 2010
Location: SC
Posts: 3,614
Likes: 609
Liked 3,723 Times in 1,674 Posts
Default

OP, pick which local FFL you want to transfer the gun. Then go talk to them. They know what to do and how to do it.
__________________
I've still got it made.
Reply With Quote
  #11  
Old 03-12-2018, 09:35 AM
HardlyAble2's Avatar
HardlyAble2 HardlyAble2 is offline
Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Jul 2017
Location: somewhere rural, Colorado
Posts: 95
Likes: 119
Liked 258 Times in 61 Posts
Default

Quote:
Originally Posted by handejector View Post
To be clear-
It is NOT legal for a private citizen to transfer ANY firearm to a resident of another state. That includes rifles and shotguns.
Even if they were of age and in your family (son and g'son)?
__________________
John Wayne was right.....
Reply With Quote
  #12  
Old 03-12-2018, 10:22 AM
Golddollar's Avatar
Golddollar Golddollar is online now
Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Mar 2016
Location: Near Gettysburg
Posts: 10,489
Likes: 67,655
Liked 24,675 Times in 7,916 Posts
Default

Quote:
Originally Posted by HardlyAble2 View Post
Even if they were of age and in your family (son and g'son)?
Nope. I live in PA and my brother lives in Ohio, both of us are in our 60's and we can't give each other any kind of modern gun without going through a FFL holder.
Reply With Quote
The Following User Likes This Post:
  #13  
Old 03-12-2018, 01:28 PM
Step N. Mud's Avatar
Step N. Mud Step N. Mud is offline
Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Jun 2009
Location: Texas, Houston
Posts: 594
Likes: 906
Liked 916 Times in 305 Posts
Default

can a son borrow firearms if located in different state?
Reply With Quote
  #14  
Old 03-12-2018, 02:03 PM
Rio Laxas Rio Laxas is offline
Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Mar 2007
Location: Texas
Posts: 304
Likes: 873
Liked 391 Times in 130 Posts
Default

Quote:
Originally Posted by Step N. Mud View Post
can a son borrow firearms if located in different state?
That is a question that does not really have a clear answer. There is a provision in federal law that allows you to loan a firearm temporarily. Here is what the ATF has to say in their FAQ:

Quote:
Originally Posted by ATF Firearms FAQ
A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.
The US code actually says:

Quote:
Originally Posted by 18 USC 922
(a) It shall be unlawful—

............................................................

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes
I am not up to speed on all of the applicable case law, but if I recall correctly there is no precise definition that would allow you to definitively distinguish a temporary loan from an unlawful transfer. I think it is up to the courts to determine that on a case by case basis.

If your son comes in from out of town, and you loan a firearm to him for a trip to the range, a hunting trip, or something else like that, then you are likely ok. Taking that same firearm and returning to his state of residence with it sounds like it definitely crosses the line into unlawful transfer territory.

Last edited by Rio Laxas; 03-12-2018 at 02:11 PM.
Reply With Quote
  #15  
Old 03-12-2018, 02:08 PM
Weimar Weimar is offline
US Veteran
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Nov 2013
Location: North of Spokane, WA
Posts: 489
Likes: 532
Liked 613 Times in 277 Posts
Default

Quote:
Originally Posted by handejector View Post
To be clear-
It is NOT legal for a private citizen to transfer ANY firearm to a resident of another state. That includes rifles and shotguns.
I guess the laws have changed - as adjoining states used to allow this - I see on the BATF site it states through licensee
Quote:
If the states have passed a law to allow residents to purchase out of state and take possession out of state, it is limited to rifles and shotguns and both states must have an agreement. So, a resident of Kansas can buy a gun and take delivery in OK,MO, NB, CO, completing a 4473 with teh selling dealer
and from the ATF
Quote:
May an unlicensed person acquire a firearm under the GCA in any State?
Generally, a person may only acquire a firearm within the person’s own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s State of residence and the licensee’s State of business. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C 922(a)(3); 27 CFR 478.29]

Last edited by Weimar; 03-12-2018 at 02:13 PM.
Reply With Quote
  #16  
Old 03-12-2018, 10:58 PM
Rastoff's Avatar
Rastoff Rastoff is offline
Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Dec 2011
Location: So Cal (Near Edwards AFB)
Posts: 14,710
Likes: 2,926
Liked 17,104 Times in 6,272 Posts
Default

Quote:
Originally Posted by Weimar View Post
I guess the laws have changed - as adjoining states used to allow this - I see on the BATF site it states through licensee

and from the ATF
The laws have not changed in as many years as I can remember. Any transfer must be done through an FFL if the private parties involved are not residents of the same state.

Crossing state lines moves you into federal territory.
__________________
Freedom isn't free.
Reply With Quote
  #17  
Old 03-12-2018, 11:49 PM
LostintheOzone's Avatar
LostintheOzone LostintheOzone is offline
US Veteran
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Dec 2011
Location: WA.
Posts: 4,649
Likes: 4,729
Liked 4,708 Times in 2,296 Posts
Default

Quote:
Crossing state lines moves you into federal territory.
If you cross into CA. it's even worse.
__________________
That's just somebody talkin.
Reply With Quote
  #18  
Old 03-13-2018, 04:16 PM
sousana's Avatar
sousana sousana is offline
Member
Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident Private Sale from Texas Resident to Louisiana Resident  
Join Date: Jan 2001
Location: Hampton Roads, Virginia
Posts: 673
Likes: 127
Liked 963 Times in 359 Posts
Default

Quote:
Originally Posted by hittman77 View Post
Yep .... have him meet you at your FFLs location.
You hand him money.
He hands gun to FFL.
You do 4473.
What he said lol.
Reply With Quote
Reply


Posting Rules
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Anyone heard from our resident Private Eye, P&R Fan? sigp220.45 The Lounge 5 04-30-2016 03:52 PM
Pvt. resident to non res. sale Delta Bravo Romeo The Lounge 43 11-14-2013 07:09 PM
California Concealed Carry by Texas Resident skeezix Concealed Carry & Self Defense 4 07-30-2012 01:27 PM
Louisiana rejects FL non-resident permits jrd1976 Concealed Carry & Self Defense 21 10-25-2009 12:28 PM

Powered by vBadvanced CMPS v3.2.3
smith-wessonforum.com tested by Norton Internet Security smith-wessonforum.com tested by McAfee Internet Security

All times are GMT -4. The time now is 09:29 PM.


© 2000-2025 smith-wessonforum.com All rights reserved worldwide.
Smith-WessonForum.com is not affiliated with Smith & Wesson Holding Corporation (NASDAQ Global Select: SWHC)