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Joined: Aug 2008
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Sidelock
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Sidelock
Joined: Aug 2008
Posts: 406 Likes: 1 |
A fellow that lives nearby in an adjacent state (IL) wants to buy a used 50 year-old shotgun from me. If he drives to my house in Missouri, can I LEGALLY sell it to him directly, withour using an FFL dealer?
I would copy his drivers license and his Illinois Firearms Card.
The other option is that we both go to a local gun shop, and pay $35 for them to record the sale. They will also charge him 7.5% sales tax.
Jerry
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Joined: Jan 2002
Posts: 7,703 Likes: 103
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 7,703 Likes: 103 |
You'll have to go to the gun shop and let an FFL document the transfer...Geo
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Joined: Jul 2008
Posts: 1,008
Sidelock
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Sidelock
Joined: Jul 2008
Posts: 1,008 |
Mail it to his local ffl (you'll need a copy of the ffle) and then it's an out-of-state sale and no sales tax due.
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Joined: Nov 2009
Posts: 296
Sidelock
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Sidelock
Joined: Nov 2009
Posts: 296 |
Illinois has some very stringent gun laws, I believe they have a 24 hour wait no matter what. Might deserve some further investigation.
Double guns and English Setters
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Joined: Jan 2002
Posts: 11,377 Likes: 105
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 11,377 Likes: 105 |
Not legally, Jerry--although it certainly happens quite frequently. But with people from IL, given that state's gun laws, they're the ones I'd be really concerned about selling to. And any sales tax should only be on the transfer fee, although I've heard a couple guys say it has to be applied to the price of the gun itself.
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Joined: Dec 2001
Posts: 2,961 Likes: 9
Sidelock
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Sidelock
Joined: Dec 2001
Posts: 2,961 Likes: 9 |
Call the NRA, they have lawyers who can answer your question for free.
bill
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Joined: Nov 2005
Posts: 4,598
Sidelock
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Sidelock
Joined: Nov 2005
Posts: 4,598 |
Jerry,
I was at my FFL today and asked him about this. All you need to do is provide proof of sale for the buyer, provided he drives to Missouri and picks up the shotgun. Illinois law allows what they call a "Contiguous State" provision. As long as the state physically borders Illinois and only a long gun is involved, a direct person to person transfer is ok. The buyer should keep a copy of the proof of sale. If he wants it delivered, he has to provide you with a copy of an FFL and that is the only address that the gun can be delivered to. (Providing he does not have a C&R.)
If a handgun is involved, it must go through an FFL in Illinois and the buyer is subject to the 3 day wait rule.
Clear as mud...
Pete
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Joined: Jan 2002
Posts: 11,377 Likes: 105
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 11,377 Likes: 105 |
I wonder if that clears the federal hurdle? The Federal Firearms Regulations Guide that I have is dated, so maybe there's been a change. But according to the guide, you can only sell to a resident of your own state, or to someone with an FFL out of state. And it also states that you can only buy within your own state, or from someone with an FFL in any state.
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Joined: Jan 2002
Posts: 1,490 Likes: 82
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 1,490 Likes: 82 |
LArry is correct, as an individual you can not sell or deliver a firearm to an out of state resident
John Boyd
John Boyd
Quality Arms Inc
Houston, TX
713-818-2971
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Joined: Nov 2005
Posts: 4,598
Sidelock
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Sidelock
Joined: Nov 2005
Posts: 4,598 |
Larry,
You got me. Since I live in Illinois, I was curious and asked.
The advice to call the NRA is very wise.
Pete
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