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law for the sale of personal rifle to another individual? one NC and one SC resident

2K views 11 replies 9 participants last post by  dlgunn1  
#1 ·
what are laws for the sale of personal rifle to another individual? I am a NC resident he is a SC resident. I will be traveling down to N. Myrtle beach and meeting him there. I called a ffl ( i thought he would have to handle the xfer) there and he is telling me i can sell directly to the buyer and not go thru a ffl because its a private sale.

Thanks in advance
 
#4 ·
#5 ·
#6 ·
Don't confuse State and Federal laws on the subject - SC may not prohibit the transaction but 18 USC 922 does. You need to visit a FFL to keep it legal.

http://www.atf.gov/content/firearms.../firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-transfer

Q: To whom may an unlicensed person transfer firearms under the GCA?

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]
 
#7 ·
That is the simplest rule to remember when SELLING your firearms. Anything that happens out of your state, must go through an FFL.

Whether the buyer is coming to you, or you are going to him, makes no difference. You are not allowed to move firearms across state lines, for the purposes of transfer, without involving an FFL.
 
#8 ·
From the NRA ILA website:
PURCHASE
No state permit is required to purchase a rifle or shotgun. It is lawful for citizens of the State to purchase rifles and shotguns and ammunition in states contiguous to this State.
http://www.nraila.org/gun-laws/state-laws/north-carolina.aspx
As was pointed out already. That is only pointing out that there is a state law which allows us to purchase from states that are contiguous. It is federal law which makes that apply only to FFL sales. With that being said, that law is outdated anyway, the state one, as the law was changed to read that we can purchase from any other state in the country that will allow it, based on their state laws.
 
#9 ·
That FFL was full of #$@$, it has to go through an FFL to be legal because you are from different states. You can only sell/trade with a person from the same state you reside in and it not need to go through an FFL (and that is dependent on the state law, NC and SC private sales between people in the same state are fine). You as a NC resident are fine buying a long gun in SC, a SC resident would be fine buying a long gun in NC. Pistols can be bought out of state, but have to be shipped into an FFL in your state for the BG check and transfer.
 
#11 ·
That FFL was full of #$@$, it has to go through an FFL to be legal because you are from different states. You can only sell/trade with a person from the same state you reside in and it not need to go through an FFL (and that is dependent on the state law, NC and SC private sales between people in the same state are fine). You as a NC resident are fine buying a long gun in SC, a SC resident would be fine buying a long gun in NC. Pistols can be bought out of state, but have to be shipped into an FFL in your state for the BG check and transfer.
Maybe he wasn't full of it, and only wasn't given all of the information.