Handgun Trade Legalities?

[Harleyrider]

I posted this thread on another gun forum as well, so I apologize if you are seeing this twice. A buddy of mine and I are considering doing a handgun swap. We live in two different states. Can we simply exchange the handguns without any paperwork and without violating federal law, or do we have to use (and pay) FFL's in two different states? TIA.

[Garland]

You will need to use FFLs to do the transfer. You may find one to do it for $15 or so, but around here at least $30 going and coming.

[jocko]

face to face, I would think not, here in Indiana we need not do that, I would suggest each get a signed paper from each stating what you each have done with serial numbers etc.

[TheTman]

If you are living in different states, it must go thru an FFL dealer, if you happen to visit one another and do a FTF thing, not sure how that would go down you could probably get away with just swapping them but I don't think that's entirely legal, Safest thing would probably be to go to a pawn shop or other FFL holder, have him sell it to the pawn shop, then you buy it.

[Bawanna]

Legally Garland is correct. In real life Jocko's nailed it again.

You didn't hear this from me, I wasn't even on line today.

[Longitude Zero]

FTF works for me. If both of you were in the same state FTF has no limitations and no need to involve a third party. At least in my state that is.

[Popeye]

I've made a few trades over the last couple years. I won't make any trades unless it's through an FFL. I'm a big believer in keeping my arse covered when it comes to guns. The person I'm trading with has to pass a state background check to see if he is legally permitted to own a gun before I pull the trigger on any deal. I have to do the same for him. This way if the gun ever comes up dirty or is a stolen gun I have paper work that proves where I got the gun. The money that is charged to do the trade is of no importance what so ever. It's just the price of doing business and peace of mind.

[Harleyrider]

FTF works for me. If both of you were in the same state FTF has no limitations and no need to involve a third party. At least in my state that is.
We would physically be in the same state when we did the trade FTF, but we are residents of two different states, if that makes a difference in your opinions.

[muggsy]

I posted this thread on another gun forum as well, so I apologize if you are seeing this twice. A buddy of mine and I are considering doing a handgun swap. We live in two different states. Can we simply exchange the handguns without any paperwork and without violating federal law, or do we have to use (and pay) FFL's in two different states? TIA.

http://www.lcav.org/content/private_sales.pdf

[ripley16]

We would physically be in the same state when we did the trade FTF, but we are residents of two different states, if that makes a difference in your opinions.
Federal law says you need to transfer a handgun through a FFL if the parties involved live in different states. No ambiguity there. Is saving $20 worth a federal felony conviction in this anti-gun climate?

[jocko]

In Indiana u can legally own and buy a handgun from an individual if u are 18, u can obtain a lifetime carry permit at age 18.... but Federal law forbids a dealer from selling u a handgun unless ur 21... So can u explain how an 18 year old in Indiana can own a handgun if he cannot buy it from an individual.

It is not required by law in Indiana to register any handgun when between individuals in the same state: Face to Fact as it is comonlyt known. I would suggest u keep records if it bothers u .

[jeepster09]

face to face, I would think not, here in Indiana we need not do that, I would suggest each get a signed paper from each stating what you each have done with serial numbers etc.


I agree, I am not aware of any states tracking serial numbers YET.

[Bawanna]

Both living in the same state usually isn't an issue. It's two guys, two different states that creates the non existent issue. Not legal.

[jocko]

IC 35-47-2-7
Prohibited sales or transfers of ownership
35-47-2-7 Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7

it ever states that u cannot sell to a person from another state if the deal goes down in Indiana and meets the above criteria: Just sayin.

[Harleyrider]

http://www.lcav.org/content/private_sales.pdf
Great info -- thanks. I live in DE and my friend lives in PA, so based on this, it sounds as if we can do it with only one PA FFL, not two, one in PA and one in DE.

[jocko]

humm, ol jocko must be a bad boy for he cannot pull up muggsy's link. Just sayin.

[TheTman]

I'd go thru a FFL for sure just to be legal. As someone mentioned, it's worth the $20 transfer fee to me, not to have illegally obtained weapons in my house.

[ripley16]

Great info -- thanks. I live in DE and my friend lives in PA, so based on this, it sounds as if we can do it with only one PA FFL, not two, one in PA and one in DE.

That is incorrect. You need a FFL in your state, DE, and he needs a FFL in his state, PA, to legally transfer the guns to each other. That is all predicated on the FFLs accepting a handgun from another state from a non-FFL holder. Some do, some don't.

[Tinman507]

Harleyrider,

Call up Kings in King of Prussia, PA 610-491-9901 and ask them if they'll do a transfer for you. It's not terribly far for you and likely not too far for your buddy.

I think there's a gun shop near Concordville too that you might explore. Targetmaster in Chadds Ford 610.459.5400
For sure you need to do an FFL transfer for him to own it in PA.

Be advised the PA PICS system will be down May 20-21 for a server upgrade, so no transfers then.

[muggsy]

humm, ol jocko must be a bad boy for he cannot pull up muggsy's link. Just sayin.

The link was to the laws covering private sales of firearms including the so called gun show loop hole. I don't know why the link doesn't work for you, Jocko.

[jocko]

oK, I put trigger back in the freezer---FOR NOW??? Just sayin