Buying a handgun...

[Sandman]

So I have been exchanging emails with a gentlemen who would like to sell a handgun. We have agreed on a place and time and for some reason I asked him if he was a Tennessee resident. Turns out he is not. He lives in Georgia and apparently has a Georgia firearms license. The plan was to meet in Tennessee for me to purchase this gun (before I knew about the GA thing). He has offered to provide a bill of sale, but something doesn't sound right with this...is this legal? I know I can buy within the state lines from an individual, but now that I know he isn't a Tennessee resident, does that change anything? Thanks for the help.

[Oh Shoot]

......is this legal?...

Absolutely not.

Only if you both appear at TN FFL and transfer the gun there (along with a 4473 on you), is it legal. Or if he ships the gun to a FFL for you to do same.

Same for long gun, too.

- OS

Edited October 18, 2011 by OhShoot

[quietguy]

I believe that transaction has to go through a FFL. I wouldn't take any chances.

[Guest pfries]

I would meet at your FFL to be on the safe side and do the transfer.

[Sandman]

I've already backed out of the deal...just wanted to double check. Glad I asked him where he lived.

[Guest pfries]

I am curious as to what he was thinking or if he knows something we don't?

[Guest pfries]

This is from the ATF's web site

"Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922((3)]"

[Oh Shoot]

This is from the ATF's web site

"Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922((3)]"

Which all has nothing to do with individual to individual transactions as per the OP's question.

- OS

[Guest pfries]

Which all has nothing to do with individual to individual transactions as per the OP's question.

- OS

Sorry reading with three year old interupting saw the "Georgia firearms license" and brain must have disconected for the Georgia part.

[Oh Shoot]

Sorry reading with three year old interupting saw the "Georgia firearms license" and brain must have disconected for the Georgia part.

???

Georgia, like TN has no additional requirements to federal law for personal gun sales.

Federal law is simple. Individuals may sell long guns or handguns to qualified residents of their own state, but sale to a resident of another state must be done through FFL in the buyer's state.

- OS

[Guest pfries]

Right I was thinking "Federal Firearms License" not Georgia (not sure what a Georgia firearms license is), and was not sure, as it is a federal license if the sale could be made within this state to our state standards by the FFL dealer. Example a gun show in KY, FFL from TN goes with goods to the show could the FFL legally make a handgun transaction to a KY resident if he held to KY requirements.

[Oh Shoot]

...not sure what a Georgia firearms license is

I took it as a GA carry permit. States don't issue licenses to sell guns, that's federal only.

Example a gun show in KY, FFL from TN goes with goods to the show could the FFL legally make a handgun transaction to a KY resident if he held to KY requirements.

The answer is no, unless the FFL holder in TN also had a separate FFL to operate in KY, but has nothing to do with KY or TN law, only federal law. A FFL allows you to sell within a specific state only.

I'm not certain a dealer can even take guns over a state line to sell in another state even with FFLs to operate in both states (something about stock received in a state must be sold in same state unless shipped or presented to another FFL or somesuch) but don't quote me on that, not sure.

I know the outfit in North Georgia (can't think of the name) sort of "hands" the guns to a FFL dealer on the TN side for TN residents to purchase, for example.

- OS

Edited October 18, 2011 by OhShoot

[Guest pfries]

So FFL or not they could meet at a FFL here for the transfer correct?

[Oh Shoot]

So FFL or not they could meet at a FFL here for the transfer correct?

Correct.

Individuals can do this is most states in the US, meet at an FFL within the buyer's state. Or of course ship the firearm to an FFL in the buyer's state. There are a few states that require an additional license for the purchaser however, like our own little piece of the northeast down here, North Carolina (have to have a pistol purchase permit). The feds don't restrict states from being more stringent than the federal law.

There are two or three in the northeast who also limit long gun sales to just the states that abut, even though federal law allows an FFL dealer to sell a long gun to a resident of any state who walks into his shop (although he doesn't have to if he doesn't want to).

- OS