Ok so heres the deal, a freind of mine in PA is thinking about selling a couple of his guns, he knows im intrested so id be a first choice to sell to. My problme\question is what Do I have to do legally to buy a gun from a PA resedent as Im in MI. Secondly how would one ship a handgun and a rifle, i cant imagine you just drop it off at ups or fedex, Just thought Id ask you guys as maybe someone has done something like this.

Thanks,
RJ

 

this might help

http://www.ups.com/content/us/en/res.../firearms.html

 

You will have to ship the gun from a licensed dealer in Pa the gun to a licensed dealer in Mi. Just go to your local gun dealer & he should be able to do it for you. You will pay for the shipping & transfer fees at your gun dealer.

 

Yup!! What Lariat said,,, I bought a nice little Security Six and Taurus .38 in California while on vacation and had them shipped home to my local dealer. I just picked them up when I got back home. It worked out great!!

 

I've done this several times. He can ship it himself BUT he has to ship it to a licensed FFL dealer. Only the person receiving the weapon has to have an FFL to ensure that adequate paperwork is taken care of.

The kicker is that the receiving FFL has to send him a form first (would have to be done if he was having an FFL ship for him too). This also helps so that the receiving FFL knows it is coming and is not just surprised with a firearm shipment one day.

Also, there is no law that requires paperwork for face to face private party deals. You could legally drive down there hand him the money and take them home.

 

I disagree with that.
I forget what the law states, but, this is the reason for having to go through FFL holders. It's a federal law on the transfer of handguns.
I'm not sure, but, I think it's part of the GCA of '68.

For example, I can go into a neighboring state and buy either a rifle or shotgun and carry out the door (after filling out paperwork) but, I can't do that with a handgun. (Maryland has a mandatory 7 day minimum waiting period. This also includes the registration of the pistol/individual.)
Also, in Maryland, it is illegal to do face-to-face (FTF) handgun sales/transfers, now. All handgun transfers MUST go through an FFL holder with a 'pistol traders permit'. (Another license to sell handguns.)

 

There is no such federal law prohibiting face to face sales of handguns. PA does have such a law but Michigan does not. The guy could drive to Michigan and legally sell it face to face.

 

I never said that there was a law prohibiting face to face sales of handguns, EXCEPT for inter-state sales. Check the federal law.
If I'm not mistaken, it is the GCA of '68, or an amendment to it.
Otherwise, there would be interstate sales between individuals every day. Face to face sales within a state, between residents of that same state are allowed, on a federal level. The state laws would supercede the federal, in this case.

See the original post that I quote below.

And, the original post. (Highlights in red, by me!)


Now, there is nothing to prevent anyone from going into another state and purchasing. . . . as long as no-one says anything, and no-one gets caught.
However. . . check the laws.
I'd be willing to wager a cup of coffee (or cold beer) on this.

 

I shouldn't have said there is no law. I should have said that I have searched high and low and found no law that applies to private party sales, I have only found laws applying to FFL holders. Nor have I found any law requiring a private party seller to verify residence, identity, or criminal history of a buyer.

I guess I wouldn't be surprised if there is one, I just haven't found it. I'll keep looking though. I do know that in California you can't (read, not legally permitted) do it as a private party without a ton of paperwork, but who's going to prove anything unless it's an undercover officer?


PS. My google searches of "handgun sale" +\- "Federal Law" "interstate sale" brought up many results for Ammunition sales, sales to minors and regulations in various states but no results on federal laws regarding the sale of handguns with or without an FFL.

 

In MI you need to go to your local PD & get a permit to purchase before you can buy a handgun. Then you can receive it from a licensed fire arm dealer. You CAN NOT just go to PA and pick it up. Your friend CAN NOT just bring it to MI and sell it to you.
Fed. law and state law prohibits this for a handgun.
Go to this website & they will answer all your questions & explain everything you need to do.
http://www.migunowners.org/forum/index.php?

 

Now, I did find that sales between contigious states of LONG guns is allowed, but, these sales must go through an FFL holder in the state where the sale is made.


Here is what I am referencing for handgun sales.
Red highlights by me!


http://www.atf.gov/pub/fire-explo_pub/gca.htm


The Gun Control Act of 1968, Public Law 90-618



An Act to amend title 18, United States Code, to provide for better control of the interstate traffic in firearms.



Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the "Gun Control Act of 1968".



§ 922. Unlawful acts:


(a) It shall be unlawful --



(1) for any person --



(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or


(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;



(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that --



(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;



(B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and



(C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States;



(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;



(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1954), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Secretary consistent with public safety and necessity;



(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting



Snipped for brevity.


Here is the ultimate bottom line. . . . .
I just don't want to see anyone that wants to legally buy a firearm, to be subjected to arrest (or whatever the legal system CAN throw at them) because of any mis-understanding.

 

The best thing to do is to have your friend ship it to a FFL transfer dealer (many pawn shops, gun stores) and have them complete the paperwork for you. The transfer runs $10-30, and depending on any other state laws.

I am personally familiar with MT laws, but you need to check with a gun store for factual information. There may be additional fees and a potential waiting period in your state.

www.gunbroker.com has a list of FFL transfer dealers in your state, most have phone numbers listed and will help you any way they can. Call a few if you are unsure.

 

Blueoval, my apologies, I misread your message.

I did look up the laws on face to face sales of pistols and PA prohibits it but MI allows it.

 

Whoa!!!!!

Time out!!!

No apologies needed. No harm. No foul.

All I see in this thread is good conversation!!!!!!