Private sales & lost firearms...

[loutent]

In today's local rag here in Delaware, there was an opinion piece which was basically encouraging more gun laws should be passed to help LEO's etc.

In particular there were 2 points brought out:

1. Private gun sales are not required to be reported in DE, "unlike several other states." This got me wondering how many other states have laws like this - I just assumed all gun sales had to be done through a FFL. There were a couple of local guns here (classifieds) that I may have been interested in if I could do it without the fees & forms. I guess I can sell a gun to my neighbor with no problem.

2. Gun owners are not required to report lost/stolen guns. I thought that all stolen guns had to be reported immediately.

Are we an anomaly here in DE or are these pretty common?

 

[Bullseye 2620]

Here in Virginia private sales do not have to be reported. I am not sure what the law is regarding the reporting of lost or stolen firearms, but I am certain that I would report any gun of mine that went missing.


Bullseye

 

[FirebirdV8]

1. When they say several other states they are stretching the truth, as only states that generally practice some form of gun registration require a private sale to go through an FFL. Most states only require that the seller, in a private sale, make sure the buyer is a resident of your state and that you have no reason to believe the buyer is prohibited individual. Otherwise no paper work or registration is required. Check your state laws to verify this. This mainly comes because the Feds (ATF, FBI etc) use the interstate commerce clause to control firearms transactions (thus your form 4473). As long as the gun doesn't go to the resident of another state, you are only subject to your own state laws on private sales. Remember, this does not apply to special cases such as NFA class 3 weapons, which is a whole other story.

2. This one will vary greatly by state and, in some states without a state firearms law supremecy rule, your city or county. This is right along with some other common firearms laws, like if you are required to inform an officer that you are armed or not in your state or whether or not you can carry in a park. Look this one up for where you live.

 

[Forester]

Firebird is right on.

 

[USAF385]

In PA long guns can be sold privately, handguns have to go through a FFL.

 

[deanodog]

If I don't know an individual and that he/she is a resident of my state it goes through FFL. Just for my peace of mind.

 

[oldman45]

Private gun sales in Louisiana are private. No paperwork need, no registration required.

 

[m657]

Private handgun sales in Oregon (no FFL involvement) are legal to in-state residents otherwise eligible to own firearms.

As far as I know, check ID, get a bill of sale. Keep a copy.

I've been told by experts here, that long gun transfers between residents of our "contiguous states" is also legal without FFL. Don't know, suspect the information is correct given who my adviser was.

 

[OKFC05]

Are we an anomaly here in DE or are these pretty common?

DE is an anomaly compared to the socialist states to your north and CA, but they are an anomaly compared to about 40 states.
Most states just follow the Federal gun laws about sales.



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]

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

 

[OKFC05]

I've been told by experts here, that long gun transfers between residents of our "contiguous states" is also legal without FFL. Don't know, suspect the information is correct given who my adviser was.

This is dead wrong, unless one of the parties has an FFL. What they are probably thinking of is that you may buy a long gun from an FFL in another state.

All private sales across state lines require FFL involvement, and in the case of a handgun, the FFL must be in the buyer's state.

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)]

 

[reddogge]

In MD long guns and antiques are OK between residents of MD with no paperwork. Handguns and certain restricted rifles need to be transferred either through a FFL or a state police barracks.

 

[n4zov]

Private gun sales in Louisiana are private. No paperwork need, no registration required.

+1 in Alabama, and it is going to stay that way baring an imperial decree from Mount Washington!

 

[ChattanoogaPhil]

Private gun sales in Louisiana are private. No paperwork need, no registration required.

Same here in Tennessee. I think a great deal of transactions are based upon "Don't Ask Don't Tell" for felons and juveniles.

 

[Andy Griffith]

Same here in Tennessee. I think a great deal of transactions are based upon "Don't Ask Don't Tell" for felons and juveniles.

Felons and prohibited persons nearly always steal them and never buy them, however in some cases these criminals may trade some drugs to someone that already stole one. Stealing is easier (if they don't get shot), they keep their money for drugs and there is no physical trail at all with which to convict them when caught- which they will be.

 

[H Richard]

In IL, one of the only two states which prohibits any concealed carry, individuals may sell guns to one another without any reporting. You must verify the buyer has a FOID (Firearms Owners ID) and record the License info and keep it for ten years. You do not have to report it to anyone. On lost or stolen guns, I'm not sure of the "requirement", but think you would be foolish to not report it, should it reappear having been used in a crime.

 

[Andy Griffith]

My question is, can you report a gun "lost" instead of "stolen?" I guess you can report a car "lost' too, right?

What if you are not certain if it was stolen- and just can't find it?

 

[Alpo]

Andy, several years back I reported one as stolen. Told 'em I might have just misplaced it, but would rather it was on the hot sheet, just in case it got used in a crime and picked up. Couple of weeks later I found it. Called 'em and told 'em. They took it off the list.