Spats McGee
Administrator
I've been wondering about one particular type of transaction, and I have not been able to determine the answer. Let's say I go to a gun show, and there's an out-of-state FFL, selling a long gun, which he or she represents to be part of a private collection, rather than part of business stock. Would I have to go through an FFL to buy it? My gut reaction is: if the sale crosses state lines, transfer through an FFL is in order. However, I looked at 18 USC 922, and I'm not sure that's correct. For purposes of clarity:
1) I am not a prohibited person.
2) In Arkansas, basic long gun sales between two private parties (both Arkansas residents) over the the age of 18 requires no paperwork whatsoever.
When I go to 18 USC 922, I get this:
I'm just not sure about (a)(5). I took a look at ATF regulations, and they simply track the statutory language. What I get from those souces looks like:
1) As between two private sellers who reside in different states, an FFL must be used.
2) As between an FFL and a private buyer, the buyer must reside in the same state as the FFL.
Where it gets unclear is this: Is transfer paperwork required from an out-of-state FFL, physically present in Arkansas & selling out of his or her private collection?
I'm not looking for a way around the law here. However, I'm trying to pin down the exact contours of this part of the law and I'd like to hear your opinions.
1) I am not a prohibited person.
2) In Arkansas, basic long gun sales between two private parties (both Arkansas residents) over the the age of 18 requires no paperwork whatsoever.
When I go to 18 USC 922, I get this:
18 U.S.C.A. § 922 (West)(Edited for brevity and emphasis supplied)(a) It shall be unlawful-- . . . .
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, . . . .
(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;
I'm just not sure about (a)(5). I took a look at ATF regulations, and they simply track the statutory language. What I get from those souces looks like:
1) As between two private sellers who reside in different states, an FFL must be used.
2) As between an FFL and a private buyer, the buyer must reside in the same state as the FFL.
Where it gets unclear is this: Is transfer paperwork required from an out-of-state FFL, physically present in Arkansas & selling out of his or her private collection?
I'm not looking for a way around the law here. However, I'm trying to pin down the exact contours of this part of the law and I'd like to hear your opinions.