Question on FTF sales within same state

[BarkSlayer]

I need to clarify something on face-to-face sales of firearms between residents of the same state.

Here's the deal. Let's say an Ohio resident buys a new handgun in Ohio from a licensed firearms dealer. That person then sells said handgun to another resident of Ohio. Must that sale be facilitated by FFLs on both ends of the transaction? If it is not, what implications are there with respect to the "legal" ownership of that handgun?

 

[rigby06]

Check the Ohio state law, here in Virginia a person may sell to a private citizen with in Virginia as long as we check that they have a Virginia drivers license/Identification.

 

[tyme]

http://www.nraila.org/GunLaws/ (That link is also in the TFL library, top row 3rd from right in the nav bar at top of every forum page.)

Looks like Ohio is one of those states that requires the buyer of a handgun to be over 21 even if not going through an FFL, so there's that.

Also, if the original buyer intended to turn around and sell it, that's dealing in firearms, and is (technically) illegal (federally) without an FFL.

 

[carguychris]

Must that sale be facilitated by FFLs on both ends of the transaction?

Only if required by state law. I am unfamiliar with OH law.

If it is not, what implications are there with respect to the "legal" ownership of that handgun?

The original FFL dealer's records- including the Form 4473 we all know and love- are retained by the dealer unless they go out of business or get investigated by the BATFE. If the dealer goes out of business, the records are given to the BATFE and stored away in a dusty warehouse somewhere. These are normally the only records of the gun's sale. If the gun is traced by the BATFE, the trace will lead to the original dealer and buyer.

If the original buyer sells the gun in a FTF transaction (in accordance with state law, of course), federal law does not require either party to maintain records of the sale. State laws vary regarding record-keeping; I am unfamiliar with OH law in this respect.

If the buyer and seller's home state requires registration of handguns, the seller will presumably have to register his or her purchase, and the state will thereby have a record of the sale. I am unfamiliar with OH law in this respect also.

 

[brickeyee]

These are normally the only records of the gun's sale.

Every gun that stays at an FFL overnight is also entered into his bound book.

The 4473 is NOT the only record the FFL is required to create.

While 44673s can be discarded after 20 years, the bound book live forever and must be given up to BATFE if the FFL licens terminates.