interstate private gun sales

Discussion in 'General Discussion' started by 68c15, Jan 21, 2012.

  1. 68c15

    68c15 Well-Known Member Supporting Member

    Nov 22, 2011
    I have a lead on a Savage 110 in 7mm mag from an old buddy from Illinois. Il. is a FOID state while in SD private sales are not regulated.
    does anyone know if there's paper work to be done?
  2. Jay

    Jay Active Member

    Mar 26, 2003
    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)]

  3. Snakedriver

    Snakedriver Active Member

    Mar 4, 2009
    SW. Florida
    Yep long story short, you need to arrange to have your friend ship it to your local licensed gun dealer to do the transfer paperwork to you. While SD may not regulate firearms like Ill., the Feds. still have their rules about such things.

    BTW, you pay your friend for the gun, then you pay the local gun dealer for the transfer fee. $20 to $50 would be a normal amount for most FFL dealers.
    Last edited: Jan 21, 2012
  4. 68c15

    68c15 Well-Known Member Supporting Member

    Nov 22, 2011
    could I pick it up in person if I was there on vacation or would I be required to get an Il. FOID?
  5. Alpo

    Alpo Well-Known Member

    Feb 3, 2007
    NW Florida
    Legally? No. If a gun is crossing state lines, by Federal law it has to go through an FFL. If you both lived in Illinois or South Dakato, then no problem. "Here's money, gimme the gun, have a nice day". But since you are residents of two different states, by law it must go through a dealer.
  6. mogunner

    mogunner Well-Known Member

    Oct 31, 2011
    Eastern Missouri
    You'll have to go through a local gunsmith. An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.
  7. hunter29180

    hunter29180 Well-Known Member

    "intestate succession"

    ok, I'm stumped..what does that mean??
  8. Alpo

    Alpo Well-Known Member

    Feb 3, 2007
    NW Florida
    If you die without a will that say otherwise, your stuff goes to your kin. You live in SC. If your son lived in NC, he could inherit your guns, even though they are crossing the state line, without messing with an FFL.

    Bequest, of course, is if you left 'em to him in your will.

    So, both terms have to do with inheriting. Nice of the feds to let that go by. Kinda like, when I croak my daughter gets my machine guns, but don't have to pay a transfer tax on 'em. They will still have to be registered in her name, but no tax.
  9. medalguy

    medalguy Member

    Feb 20, 2009
    New Mexico
    Legally, the guns have to go through a dealer in your state and you have to fill out a 4473 and undergo the NICS check. Of course, it would be illegal, but you COULD go visit your buddy and bring the gun back with you. Not that it would be legal to go so, of course, but you COULD, just sayin'.....:rolleyes:
  10. deadin

    deadin Well-Known Member

    May 16, 2006
    I don't know about Illinois (because of the FOID card), but most everywhere else, per Federal law, a long gun can be transferred through a FFL in either State as long as the laws of both States are followed.
  11. Wags

    Wags New Member

    Oct 10, 2010
    If you are from out of state, you don't need a FOID in Il. You just need a photo ID.
  12. 68c15

    68c15 Well-Known Member Supporting Member

    Nov 22, 2011
    wow, what a hassle. I may have to pass on the deal and look for a rifle that takes cheaper ammo locally.
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