doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com Adjacent State Shotgun Sale ?

I absolutely agree with Mike, this is like worrying over a mattress tag. Why even bring it up.

Mike, my tendency would be to agree with you . . . except for the fact that the potential buyer is from IL, where they have some very "different" firearms laws. If, for whatever reason, the buyer should run afoul of the law, it might rebound on the seller. [/quote]

First, do we know if Jerry has filled out a 4473 on this gun?
A backwards trace would lead back to him.
Second,assuming its not federal plant,or "un documneted democrat(illegal alien) with a d/l,what happens if the gun gets stolen from that buyer?Again the black suburbans are in Jerry's driveway.

Jerry has all the risk,whatever it is, and none of the reward (the buyers saves shipping and $35)

I hadn't considered using the NRA for a question like this. Great advice Bill. Thanks

Who breaks the law; the transferor or the transferee? Both?...Geo

Both

OK, I'll agree with that, but what if somebody from Alabama meets me in my home State of GA and we swap some guns. My gun is pre-1898, so there is no problem and I just hand it over to him. His gun is modern and subject to Gun Control.

How about if we enter into a written agreement to the effect that I have his power of attorney to transfer the gun to myself through an FFL and that I am accepting his gun ON LOAN till I can do that. Can I then take the gun to my local dealer who maybe I can talk into doing the transfer from me as atty-in-fact for the guy in Alabama through the FFL and to me, individually, just as if the other guy had mailed the gun to the FFL? If not, why not?...Geo

Ok,
first your pre 1898 is not a gun per BATF so your fine there.
the second part is "dicey",he can loan it to you yes but this POA (I would guess a Specific POA-so you don't clean out his bank account) is an lot of work (I have had POA,it involved several lawyers,signatures and time)why not just do the transfer with your dealer friend ?Cheaper ,faster and legal.

To expand on your good who broke the law question.How about who has the most risk and end up in front of a judge?
I say seller (if its a set-up,if not gun gets stolen form this buyer or some other one down the line)

And who had the most to gain?
I would say Neither
Buyer get his fund either way
Seller saves $35 (minus gas)

Don't get me wrong,I am no angel,tell me about you son in-laws company getting a take over bid next week and I am all ears (the risk reward is much better)

Well......there goes the Tulsa gun show for me........

My questions were not just hypothetical, another guy and I are actually considering meeting at a mutually agreeable place between our hometowns so we can 'eye-ball' the guns we're considering swapping. Naturally it would be nice to finish the deal when we meet, instead of him having to go home and ship or both of us having to go find an unfamiliar FFL. I can draw a proper POA to fit the situation with no trouble. No necessity for a notary public or other witnesses to sign. Trouble might be getting my local scaredy-cat FFL to do the transfer under these circumstances.

Unless there is some regulation I'm not aware of preventing the Power of Attorney/ Loan agreement, I can't see right off why it couldn't be done that way...IF the FFL will buy into it. I'd have to work that out in advance.

Expanding the idea, it could be utilized in any inter-state gun sale transaction. Risk might be that the buyer may fail to ever go document the transfer through an FFL since he has possession of the gun anyhow. In that case, the seller ought to be protected by the Loan status of the gun pending the FFL transfer. If the buyer got caught somehow without ever having documented the transfer, the trouble should just be on him...Geo

Your correct,the problem,besides getting a seller to sign a POA,is going to be at the dealer.
They have to book the gun,acquisition through you has a POA for seller,the book it out to you after you do the 4473 and NICS check.
If you like most of us who buy older guns,and the gun over 50 years old,you might consider a C&R license George.You can buy a gun (C&R) anywhere then.