Out of state handgun purchase

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Out of state handgun purchase

Postby TunnelRat » Wed Sep 11, 2013 9:17 am

I intend to buy a handgun from a private party in Michigan. How do I go about importing the gun into Ohio?

Must I go to an FFL in Michigan and have it shipped to an FFL in Ohio?

Or can I buy it ftf from the Michigan resident and simply bring the gun to an Ohio FFL and have the paperwork done there?
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Re: Out of state handgun purchase

Postby yogidave » Wed Sep 11, 2013 9:27 am

Depending on where he lives I would have him meet you in Ohio with the firearm at ADCO or Great Lakes Gunworkx in Rossford. What you getting?
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Re: Out of state handgun purchase

Postby Stryker74 » Wed Sep 11, 2013 9:28 am

The gun will have to be sent to an Ohio FFL, but the current owner in Michigan has to initiate that. You cannot legally take possession of the handgun in Michigan.

Now, the question becomes whether the Ohio FFL will accept a gun sent from a private seller, or will the seller have to invoke the use of an FFL in Michigan.

My suggestion would be to chose an Ohio FFL, and ask them how they want to handle the receipt of the gun from Michigan. It is legal for a private party to send to an FFL in another state, but it is up to the FFL in that state if he chooses to accept that type of transaction. There are some that will only accept from another FFL.

From the ATF site:

Q: May a nonlicensee ship a firearm by common or contract carrier?
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
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Re: Out of state handgun purchase

Postby Stryker74 » Wed Sep 11, 2013 9:32 am

yogidave wrote:Depending on where he lives I would have him meet you in Ohio with the firearm at ADCO or Great Lakes Gunworkx in Rossford. What you getting?


Yeah - that too. I didn't think of that method!

My brain is slow this morning.
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Re: Out of state handgun purchase

Postby TunnelRat » Wed Sep 11, 2013 10:42 am

yogidave wrote:Depending on where he lives I would have him meet you in Ohio with the firearm at ADCO or Great Lakes Gunworkx in Rossford. What you getting?

I'll be meeting my seller in Albion, Mi--nearly a two hour drive from Toledo. So, thanks, but that won't work.

I guess the easiest is to find an FFL there in Michigan and have him ship it.
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Re: Out of state handgun purchase

Postby ArcherAce » Wed Sep 11, 2013 2:06 pm

He has to get it to your FFL in Ohio. If you pick it up in Michigan and bring back for transfer, you've technically taken possession of it in another state. The Ohio FFL that will do the paperwork and transfer it to you needs a copy of his drivers license or a copy of the license of the FFL that ships it.

I suppose you could meet him, pick up the gun and a copy of his drivers license and then take the gun to an Ohio FFL that would do the transfer. But, you'd have to have an FFL that would be willing to do that. Oh, and it's illegal.
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Re: Out of state handgun purchase

Postby TunnelRat » Wed Sep 11, 2013 8:38 pm

ArcherAce wrote:I suppose you could meet him, pick up the gun and a copy of his drivers license and then take the gun to an Ohio FFL that would do the transfer. But, you'd have to have an FFL that would be willing to do that. Oh, and it's illegal.


Yup, yet felons manage to get guns quickly and easily. These Byzantine laws only apply to those who are willing to make the effort to be honest... :|
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Re: Out of state handgun purchase

Postby Sevens » Thu Sep 12, 2013 4:23 am

He is allowed to bring to Ohio, to the absolute closest FFL in Ohio, and have that Ohio FFL do the deal.

If you can't get him to do that, then yep -- ship it.
He can ship it without an FFL, but only if your FFL agrees to receive from a non-FFL. The other sticky bit with that is that he cannot use USPS Priority, he must use FedEx or UPS, either of which is horribly expensive for a firearm. But if he takes it to a Mich FFL, that dealer can use postal, and save a heap on shipping.

There's two other ways that I know of, to legally get that gun across state lines.
First is for him to MOVE, and change residences, become an Ohio citizen, and then FTF sell the gun to you. :P
The other way is for him to -DIE- and will the gun to you in his last wishes.
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Re: Out of state handgun purchase

Postby evan price » Thu Sep 12, 2013 6:22 am

As they said. You as the buyer cannot take physical possession of the handgun except via an Ohio FFL. Your seller will need to ship it to an Ohio FFL. What a convoluted process for what otherwise would be a simple transaction.
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Re: Out of state handgun purchase

Postby expo2248 » Tue Nov 12, 2013 1:13 pm

Not concerning this firearm transaction, but my son lives out of state and I gave (lent) him my pistol to use for home protection. What if I never asked for it back? Is a FFL transfer mandatory at some point or can he forever keep it to use? Since there's no paperwork required for ownership what's it matter who owns or possesses it in any state?
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Re: Out of state handgun purchase

Postby Stryker74 » Tue Nov 12, 2013 1:35 pm

expo2248 wrote:Not concerning this firearm transaction, but my son lives out of state and I gave (lent) him my pistol to use for home protection. What if I never asked for it back? Is a FFL transfer mandatory at some point or can he forever keep it to use? Since there's no paperwork required for ownership what's it matter who owns or possesses it in any state?


Did you give it to him while he was living in Ohio with you? Then no problem. *Hint, Hint* *Wink, Wink*
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Re: Out of state handgun purchase

Postby expo2248 » Tue Nov 12, 2013 4:07 pm

Why, of course I did. (click, wink, ahem)
The sheep do not want the dog around--he looks too much like the wolf. He reminds them there is danger out there just beyond the relative safety of the fence. The wolf also hates the dog. He knows it's the dog that stands between him and his prey. The dog is the reason the wolf is lean and why he is forced to stalk the darkness.
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Re: Out of state handgun purchase

Postby expo2248 » Tue Nov 12, 2013 4:12 pm

Why, of course I did. (click, wink, ahem)
But for the sake of argument can't he just borrow it forever?
The sheep do not want the dog around--he looks too much like the wolf. He reminds them there is danger out there just beyond the relative safety of the fence. The wolf also hates the dog. He knows it's the dog that stands between him and his prey. The dog is the reason the wolf is lean and why he is forced to stalk the darkness.
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Re: Out of state handgun purchase

Postby cashman966 » Tue Nov 12, 2013 8:02 pm

The specifies the loan must be temporary. It does not define temporary, but I doubt forever would be considered temporary.
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Re: Out of state handgun purchase

Postby expo2248 » Tue Nov 12, 2013 11:43 pm

Touche'
The sheep do not want the dog around--he looks too much like the wolf. He reminds them there is danger out there just beyond the relative safety of the fence. The wolf also hates the dog. He knows it's the dog that stands between him and his prey. The dog is the reason the wolf is lean and why he is forced to stalk the darkness.
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