Selling a Gun Out of State (Sort Of)

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synack2
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Selling a Gun Out of State (Sort Of)

Post by synack2 »

So,

I have a good friend that wants to buy one of my guns. I recently moved just across the state line in Richomnd, IN. He wants to buy the gun as a gift for his father who still lives in Ohio. Rather than transferring it to a IN FFL so he can transfer it back. Can I take the money from him and deliver it to his father? Or is that a Straw Purchase.
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Re: Selling a Gun Out of State (Sort Of)

Post by WY_Not »

Been a while and I am NOT a lawyer or an FFL. But, the way it was explained to me a number of years back when I bought a few in pairs (for me and the wife).

Are both you and he Indiana residents? Then you can F2F sell it to him without an FFL. It is legal to buy a firearm for someone as a gift. Friend would have to supply the funds to buy it (ie this makes it a gift) and would have to go through an FFL (IN to OH) to give it to his dad. As long as the dad is not supplying the funds to buy, it isn't a straw sale.

If your friend is still an OH resident then it would have to go to him via FFL. He is then free to give it to his dad as a gift. Again, dad is not supplying the funds.
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Re: Selling a Gun Out of State (Sort Of)

Post by JustaShooter »

WY_Not has it right - you can legally transfer/sell a firearm to a resident of your state of residence without involving an FFL under Federal law - if your state law allows (I do not know IN firearms law, so...). Transfers/sales to a person residing in a different state must go through an FFL in their state of residence.
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Re: Selling a Gun Out of State (Sort Of)

Post by synack2 »

I live in Ohio, Friend Lives in IN, His dad who it's a gift for, lives in OH.

So My friends wants to give me the money, and have me deliver it to his dad. I believe, that as long as I know it is going to his dad, as a gift, for his dads use, and he is in Ohio, it doesn't matter who actually gives me the money.
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Re: Selling a Gun Out of State (Sort Of)

Post by WY_Not »

Tongue in cheek, kinda. Give the gun to your friend's dad and later sell your friend a really expensive bullet.

As long as the dad is not a prohibited person (jeeze I hate that term) then it is not a straw sale. But your friend living in IN could probably technically be used to cause an issue if BATFEces was really bored and vindictive and found out about it.
synack2 wrote:I live in Ohio, Friend Lives in IN, His dad who it's a gift for, lives in OH.

So My friends wants to give me the money, and have me deliver it to his dad. I believe, that as long as I know it is going to his dad, as a gift, for his dads use, and he is in Ohio, it doesn't matter who actually gives me the money.
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Re: Selling a Gun Out of State (Sort Of)

Post by JustaShooter »

synack2 wrote:I live in Ohio, Friend Lives in IN, His dad who it's a gift for, lives in OH.

So My friends wants to give me the money, and have me deliver it to his dad. I believe, that as long as I know it is going to his dad, as a gift, for his dads use, and he is in Ohio, it doesn't matter who actually gives me the money.
I misunderstood - I thought you said you'd moved to IN. Nothing I know of would prevent you from delivering the firearm to he father, as long as he isn't a prohibited person of course.

Straw sales only apply to purchases from an FFL as I understand it, again unless a prohibited person is involved.
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Re: Selling a Gun Out of State (Sort Of)

Post by M-Quigley »

synack2 wrote:I live in Ohio, Friend Lives in IN, His dad who it's a gift for, lives in OH.

So My friends wants to give me the money, and have me deliver it to his dad. I believe, that as long as I know it is going to his dad, as a gift, for his dads use, and he is in Ohio, it doesn't matter who actually gives me the money.
I'm not a lawyer, used to be an FFL but that was decades ago, but IMO in this day and age (I could be way off base) is I would be VERY leery of taking money from someone in another state and giving a firearm to someone in Ohio without involving the recipient ( the Dad) going through the paperwork (4473) and background check at an FFL who doesn't charge outrageous fees to do a simple transfer.
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