How Do I Find Out If A Rifle Is Clear?

dgnizer

New member
I have someone giving away an AK-47:D for some reason I don't know:eek: but before I take it I would like to know how I can find out if the rifle have been used for any illegal activities? The rifle is located in NY and I will be shipping transporting it to FLorida.

I have searched the whole forum and seems like there is no real way to find out if the rifle is clear unless I involved the LEO. I guess my best move here is to have an FFL do the transfer for me to clear me of all legal liabilities. Please correct me if i am wrong. Thanks.

DG
 
^ +1 Having an FFL do the transfer is a good way to clear you of all legal liabilities.(I am not a lawyer, however I didn't sleep at a holiday express either) How often do you think AK'S are really used in crimes? Most of the time its handguns, I wouldn't worry about it.
 
Personally, I think if you have reason to believe a friend is giving you a stolen weapon or a weapon used in a crime, it's the friendship that needs re-examining, not the weapon.
 
Don H is correct. Federal law allows a rifle to be purchased or transferred in your state of residence, or purchased in a state contiguous to your state of residence. Anything else requires the services of an FFL. C&R is a CLass 03 FFL, by the way.:)
 
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Yep, just have him mail it to the FFL of your choice, then do the background check. If he's reluctant to do that, that fact will tell you something.
 
Kaylee

Personally, I think if you have reason to believe a friend is giving you a stolen weapon or a weapon used in a crime, it's the friendship that needs re-examining, not the weapon.

its a guy thing, you wouldn't understand. :)
 
it must be a guy thing. i got my 11-87 from a buddy of mine for $130. hes not a close friend but more than an aquaintence. i ran the serial first thing when i got home.
 
I'd appreciate a cite of the Fed law that permits the transfer of long guns from individuals across state lines in contiguous states without the participation of an FFL.
 
(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

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]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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]

(B3) 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? [Back]

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)]


However, there are the usual loop-holes and extenuating circumstances.

(B11) What constitutes residency in a State? [Back]

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

(B13) May aliens legally in the United States buy firearms?[Back]

An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.

See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]
 
Thanks for the clarification: So, where's the part about non-licensee to non-licensee in contiguous states? Must be in some unclassified trade journal somewhere? Maybe it's Top Secret? ;)

" From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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]"
 
Im still trying to convince the guy to come with me to an FFL so we can document the gun transfer. But he's hesitant because the gun was only given to him by another friend and not sure where it originally came from. If ever the gone was stolen will my friend have any liability if he comes out with it? Sorry for causing an argument with my thread. :o
 
1. take the rifle up and hold it in front of you
2. place your hand behind some part of the rifle that's easily visible
3. if you can see all of your hand, then the rifle is clear :)

Sorry, I couldn't resist being a little SA...
 
Regardless of what 18 U.S.C. 922(a)(3) and (5), 922(b)(3) may imply, 27 CFR 478.29 (also see 27 CFR 478.93[c]) implicitly says that a resident of another state may purchase a rifle or shotgun from an FFL (qualified licensee - see the CFR), if and only if the transfer would be lawful in both states. There is no "contiguous" state reference in federal law.

(Since the Law and the regulations are silent about a face to face transfer, I would apply a strict reading and say that it is unlawful. This is a case of "if no exception, then no transfer.")

Having written this, it is my understanding the BATF has ruled that if your state has a "contiguous state" law in its firearms codes, then you are allowed to purchase (a rifle or shotgun) only in a contiguous state... and only through an FFL.

JR47, I disappeared your abusive posts.
 
The "contiguous" state reference in federal law was deleted with the passing of the 1986 Gun Owners Protection Act.... it is now legal to purchase etc any LONG-GUN from an out of state FFL.... as long as both states laws are obeyed...
 
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