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Discussion Starter · #1 ·
I'm looking at selling my BW5 to a very nice gentleman here on the board. As far as I can tell all I need to do really on my end is make a nice detailed bill of sale for both parties to sign, is this correct? It's been awhile since I've done this and I've never done it out of state before. The weapon IS legal to own/posess in both states though.
 

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I always thought going out of state to do a FTF was a big NO NO.
If going out of state I think it best to involve an FFL.
Someone please correct me if I am mistaken.
thanks,
 

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I always thought going out of state to do a FTF was a big NO NO.
If going out of state I think it best to involve an FFL.
Someone please correct me if I am mistaken.
thanks,
You are correct. It's part of the 1968 Gun Control Act, section 922 paragraph 5 titled "Unlawful Acts":

(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;

So if the buyer doesn't live or have a place of business in the same state where the seller lives, you must go through an FFL. The only exceptions are if you were to die and leave it to him in your will, or loan it to him for temporary use.
 

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hmmm....

"does not apply to 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,"

In essense I agree with Dave,(as usual) but this part seems a little contradictory to the rest of the statute. How does this part still mean that it's not ok? Or am I just missing something important in the wording of this? I know FFL's cant even transfer out of their home state for example at the creek the dealers that aren't from KY have to mail the weapon to the KY buyer when they get back home. Although this is commonly overlooked...
 

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"does not apply to 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,"

In essense I agree with Dave,(as usual) but this part seems a little contradictory to the rest of the statute. How does this part still mean that it's not ok? Or am I just missing something important in the wording of this? I know FFL's cant even transfer out of their home state for example at the creek the dealers that aren't from KY have to mail the weapon to the KY buyer when they get back home. Although this is commonly overlooked...
The last part means that the recipient of the item must be of legal age and otherwise legally qualified in his/her state of residence (no felonies, no domestic violence history, not have renounced citizenship, etc.). The verbiage is designed to give full-effect to the intestate succession while still realizing that some such recipients can't even buy or possess weapons at all.

Example--John X. Sr. dies without a will in Texas. The intestacy laws of Texas see John X. Jr. (his only son--a 17 year old residing in Iowa) as the lawful heir of all John's worldly goods--including firearms. Even though this would be an Interstate transfer and otherwise lawful (under Sec. 922 para. 5) without having to go through an FFL in Iowa or Texas, it wouldn't be lawful due to the law of Iowa not permitting John X. Jr.'s ownership/possesion of firearms due to his being under 18. Clear as mud?
 

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"does not apply to 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,"

In essense I agree with Dave,(as usual) but this part seems a little contradictory to the rest of the statute. How does this part still mean that it's not ok? Or am I just missing something important in the wording of this? I know FFL's cant even transfer out of their home state for example at the creek the dealers that aren't from KY have to mail the weapon to the KY buyer when they get back home. Although this is commonly overlooked...
It's actually not contradictory at all. The important wording you're missing is "intestate succession". Intestate is not a typo for interstate.

INTESTATE SUCCESSION - refers to the law of the State providing for the inheritance of property from a person who dies without leaving a will. Thus, to carry out a "intestate succession" simply means to transfer something after the owner has died and in accordance with the State law of intestate succession.

See the all important words - "owner has died without leaving a will." The second part is just so that someone who isn't otherwise allowed to possess the gun can get around the law by having one willed to them.

So if you want to legally transfer it to someone out of state without going through an FFL, the seller (you) will have to die first. My guess is you'd be better off just finding an FFL. :)
 

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Ahh that "r" was exactly what I was missing because I knew it was something. Guess I should have read it again...
 

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What is the term of a rental or loan?
Not sure. I'm not even sure if "sporting purposes" would cover only something like a single weekend or week-long hunt, or if "sporting purposes" could mean a day of target practice.

But I am sure you can't sell it to someone, and just say you were permanently renting it to them. Besides, there could be liability issues if you don't fully transfer ownership.
 

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Discussion Starter · #10 ·
Thanks for the input Dave I REALLY appreciate it :D Off to the FFL it goes next week :)
 
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