Need buy/sell assistance please

[gruntsrus]

I'm looking for some basic guidance in order to stay within the legal confines pertaining to buying and selling, handguns in particular. I'm just a collector moving my collection around in making some S&W additions while selling stuff I don't want anymore.

I'm looking to buy in some FTF transactions but need to know the legalities. I thought I could just make arrangements with the FTF seller, meet somewhere for the inspecion and possibly make the purchase. Now I'm being told that in some situations that could land me in jail. Are the laws governing handgun sales goverened primarily by State, Federal, or both? I am legal to own and purchase handguns in my state of WI. Who do I check with first for legal limitations? I want to stay legal, and out of jail. TIA...

 

[gruntsrus]

I'm looking for some basic guidance in order to stay within the legal confines pertaining to buying and selling, handguns in particular. I'm just a collector moving my collection around in making some S&W additions while selling stuff I don't want anymore.

I'm looking to buy in some FTF transactions but need to know the legalities. I thought I could just make arrangements with the FTF seller, meet somewhere for the inspecion and possibly make the purchase. Now I'm being told that in some situations that could land me in jail. Are the laws governing handgun sales goverened primarily by State, Federal, or both? I am legal to own and purchase handguns in my state of WI. Who do I check with first for legal limitations? I want to stay legal, and out of jail. TIA...

 

[29aholic]

FTF transactions are mainly limited except for long guns. Handguns should be kept to those within the same state.
Even long guns to some states can be tricky.

There are plenty of transactions between private people all day every day without a hitch...but it only takes one bad one

 

[lcdrdanr]

I grew up in the Southwest and I always thought that it was Federal that one had to comply with. Now I'm older and, yes, it is Federal you have to comply with AND the individual State AND the individual locality.
For example, years ago I was stationed in Nevada and I purchased a handgun in Las Vegas, Nevada. In order to own a handgun in Las Vegas, Nevada I had to have a Police "blue card" with the pistol serial number and my name on it. As I recall the Gun Store took care of all that but I mention it as an example of something you would need to find out about.
Basically, my understanding is that the Feds say you can (if you are legal to own firearms) purchase a long gun in any State from an FFL, purchase a long gun in your home state from either an FFL or another resident of your state; purchase a handgun from an FFL in your state of residence or purchase a handgun FTF from another resident of your state in your state of residence.
Now, that being said, some states impose other requirements such as Firearms Owners cards, Requirements that all handguns be through an FFL, and such. Those are the things that you are going to have to find out and since I don't live in your state, I am not aware of the issues.
You need to speak with a responsible gun owner, perhaps even a dealer, doing business in your state of residence. Check with the State Attorney General as well since some dealers only know issues of sales with an FFL and are not knowledgeable of the rules on sales between private individuals. Also check with the City or County attorney to see if your municipal jurisdiction has any strange or exotic requirements.
Good Luck
Dan R

 

[feralmerril]

I and my ex wife had tables at gun shows in california in the early 80s. The laws veried in even most towns we set up in!

 

[GatorFarmer]

You can't sell a firearm to a resident of another state, be it long gun or handgun. I don't know if they register handguns in Wisconsin or not. If they do, you'll probably need to go through whatever system you have. Otherwise, just check ID and do a bill of sale.

 

[feralmerril]

About 7 or 8 years ago I went to a small show in wisconsin and it was one of the best I seen since the 1980s. I could have bought anything I seen and just walk out. Dont know how they are there now.

 

[jeffj13]

I suggest you seek the sevices and advice of a lawyer in your state that is familiar with gun laws. You may not want to spend the money, but if you don't pay him now, you may wind up paying him more later.

jeff

 

[gruntsrus]

Alright, thanks for everone's great input. I have free legal services through my work so I'll confer with those folks next.

This particular ftf purchase would be across the border into Illinois where a FOID card is necessary for gun owners? Why in the world would it be illegal to purchase a handgun from someone in another state of the U.S., but a Chinese Co. can unload a shipment of whatever in Mexico, and it gets trucked through the U.S. into Canada with less paperwork?

I'll play by the rules no matter how goofy they are, but what is the purpose of some of these laws, and why are they so differernt from state to state? Bizzare. I'll call the lawyers and get their input as a starting point.

Thank You folks!

 

[s&wchad]

Phone your local police and ask about the handgun purchase requirements. You can only purchase a handgun in your home state (unless you're an FFL), but you can have a gun shipped from out of state to a FFL dealer in your state and do the transfer there. I'd talk to a local dealer and make arrangements for him to receive a gun for you before you pay for it. You seem to have statewide preemption, which is good.

http://www.legis.state.wi.us/lrb/pubs/wb/00wb11.pdf

You can only sell longarms to a resident of you state or an FFL dealer (from anywhere).

 

[Guest]

Originally posted by gruntsrus: ...I have free legal services through my work ...

Well, unless "those folks" are the County Prosecutor or whatever WI has to compare, I suggest you pony up the buck$$$ for a Lawyer who specializes in Gun Law. You can contact the NRA and they have a referral service for all States.

Law is a bit like Medicine and that's because "they" also 'Specialize' in what kinds of business they handle and what kind of Law they "Know" about.

 

[creedekid]

A few years ago I was asked to be the firearm broker for an estate that contained over three hundred handguns, rifles and shotguns. The estate was located in IL and I am in GA. to keep everything legal, we required a copy of an FFL license from each purchaser. All three hundred plus sales were conducted over the internet through forums such as this. We had each firearm documented with a description, pictures and a price. The FFL and monies were sent to me and I sent a scanned copy of the FFL to my partner in IL, who sent the gun to the buyer through the FFL of record. I researched this through an ATF friend for the legality, he said we wouldn't have a problem with it, and we didn't. My point is, don't sell any firearm across state lines w/o having a FFL involved on the receiving end.

 

[GatorFarmer]

Originally posted by gruntsrus:
Alright, thanks for everone's great input. I have free legal services through my work so I'll confer with those folks next.

This particular ftf purchase would be across the border into Illinois where a FOID card is necessary for gun owners? Why in the world would it be illegal to purchase a handgun from someone in another state of the U.S., but a Chinese Co. can unload a shipment of whatever in Mexico, and it gets trucked through the U.S. into Canada with less paperwork?

I'll play by the rules no matter how goofy they are, but what is the purpose of some of these laws, and why are they so differernt from state to state? Bizzare. I'll call the lawyers and get their input as a starting point.

Thank You folks!

The law against selling to residents of another state (only FFLs can sell long guns to a resident of another state, individuals still can't) dates back the Gun Control Act of 1968. It's been the law for forty years.

The best thing to do is take your gun to an FFL in your state and have it shipped to an FFL in IL. Otherwise if you knowingly sell it to the IL resident, you're risking Federal time.

Note that you can ship a gun directly to an FFL in IL using a private carrier (not U.S. mail), but that it is often cheaper to use an FFL in your state since FFLs can mail handguns. This will also create a record of the gun losing your possession in case it gets lost or stolen in transit.

 

[bigolddave]

I live near the IL/WI border, and it has been my experience that many of the gun shops/sporting goods stores have arrangements with dealers on the other side of the line to facilitate the transfers.

If it is a federal offense to purchase a long gun out of state from a private party, about half the trap shooters I know will end up with three hots and a cot. Virtually everyone is under the impression that FTF for long guns is OK.

 

[22dec]

There is no gun registration in Wisconsin. Face to face sales are legal as long as you can verify that the buyer is of legal age and a state resident. Best to see and copy a drivers license to cover your butt though. Wi to Il is a completely different story. Must go through an FFL, as has been stated by others above.


Don

 

[gruntsrus]

Well, I was almost involved in 2 illegal transactions, I guess;

a.) My driving to Illinois to sell a handgun FTF to an IL resident, and ...

b.) Second part of trip was to purchase a revolver just a little ways down the road, FTF.

I am near the WI/IL border and understand the safety/legality of using FFLs but it's +$90 just for one of the transactions to be legal, when I can go meet this person lesss than 25 miles away.

These are the laws I'll abide by but they do not make any sense; I can legally sell this handgun FTF to a WI resident, but not someone who lives in IL just 10 miles away. Bizzaro. I'll stay out of prison. Thanks again!