Private sale of handgun

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  • Evilsvt1

    Well-Known Member
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    5   0   0
    Jun 15, 2014
    184
    16
    Lafayette, LA
    Is it legal to sell a handgun, privately, to someone without a Louisiana state ID or a non resident of Louisiana? I know that you cannot buy one through a FFL if you aren't a resident but am unsure about private sale.
     

    KDerekT83

    Hobbyist
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    11   0   0
    Pretty sure they have to be a louisiana resident, however being as it’s private sale.... who’s gonna know the difference. I’ve bought several firearms from other members here. Some people have asked to see my ID to show I’m a resident, and others didn’t. A lot can be said about an individual from a few sentences of conversation. If you feel sketchy for any reason, back out of the sale/purchase.
     

    honestlou

    Well-Known Member
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    7   0   0
    Feb 17, 2009
    1,161
    38
    Baton Rouge
    As an individual you can only legally sell a firearm, any firearm, to another resident of Louisiana. If you sell to a non-resident it is a federal felony with a potential penalty of 10 years in jail. A person would be a fool to try to skirt this law, regardless of the feeling you get, being a good guy, cousin, or any other relative.

    The buyer may not say anything, but you can bet that if the gun is used in a crime, or even in a legitimate defensive shooting, the cops will look into the movement of the gun.
     

    herohog

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    7   0   0
    Nov 28, 2009
    2,370
    36
    Shreveport, LA
    honestlou is pretty much dead on the money. The only possible exception being long guns BUT I am not 100% sure on that as it has been over a couple of decades since I was an 01 FFL so until you know for absolute sure, don't be a fool, ask for ID and if it doesn't show CURRENT Louisiana residency, DON'T MAKE THE SALE!!!
     

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
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    10   0   0
    Dec 28, 2015
    5,712
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    Baton Rouge, LA
    I guess so. Some people are comfortable with handguns falling into the hands of criminals and other people take reasonable measures to ensure they don't. I guess I respect my 2nd amendment rights too much to allow myself to become one of the criminals.
     

    Leadfoot

    Low Speed High Drag
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    104   0   0
    Mar 4, 2009
    5,075
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    Livingston Parish
    I guess so. Some people are comfortable with handguns falling into the hands of criminals and other people take reasonable measures to ensure they don't. I guess I respect my 2nd amendment rights too much to allow myself to become one of the criminals.

    You totally misunderstand my stance. I do respect my 2nd amendment rights, very much so. But I also understand how criminal investigations work as well. You don't know me, or what I do for a living.

    Louisiana law says that I cannot KNOWINGLY provide a felon a firearm.

    Now, if I KNOW someone is a felon and provide them with a firearm, I have broken the law.

    Again, I don't KNOWINGLY sell guns to felons, or people that I suspect MAY be a felon.

    I am not saying YOU should do anything illegal. If you want to have all of your transactions require a 4473, a picture ID and a DNA sample, then by all means, do so.

    When and if Louisiana requires me to keep a record of any transactions involving firearms I have sold, then I will do so. Until then, nope.
     
    Last edited:

    krotsman

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    104   0   0
    Aug 2, 2012
    1,364
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    Baton Rouge
    To each his own.

    I wouldn't call federal or state law a matter of individual opinion... especially when there is criminal liability placed on the seller for an illegal transfer.

    Cavalier attitudes like that are what cause problems for the rest of us who follow the rules (in this case) for private firearms transactions, which are a privilege, not a right. As we have seen, it only takes one highly publicized incident to threaten all kinds of firearms rights and privileges. I'm sure I speak for many by asking you, and everyone else within earshot, to play by the rules and not screw up our buying/selling/trading hobby. Not to mention the fact that by following the private transfer rules, you might prevent a prohibited person from taking possession of your firearm.
     

    krotsman

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    104   0   0
    Aug 2, 2012
    1,364
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    Baton Rouge
    You totally misunderstand my stance. I do respect my 2nd amendment rights, very much so. But I also understand how criminal investigations work as well. You don't know me, or what I do for a living.

    Louisiana law says that I cannot KNOWINGLY provide a felon a firearm.

    Now, if I KNOW someone is a felon and provide them with a firearm, I have broken the law.

    Again, I don't KNOWINGLY sell guns to felons, or people that I suspect MAY be a felon.

    I am not saying YOU should do anything illegal. If you want to have all of your transactions require a 4473, a picture ID and a DNA sample, then by all means, do so.

    When and if Louisiana requires me to keep a record of any transactions involving firearms I have sold, then I will do so. Until then, nope.

    You are correct about knowingly providing a prohibited person with a firearm. There is some wiggle room there, because, as a private citizen, you wouldn't necessarily know they were prohibited.
    The ATF in-state transfer requirement leaves no discretion, though. "An unlicensed individual is prohibited from directly transferring a firearm to a person residing in another state." (Applies to all types of firearms)

    https://www.atf.gov/file/58681/download
     

    thperez1972

    ESSAYONS
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    10   0   0
    Dec 28, 2015
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    Baton Rouge, LA
    You totally misunderstand my stance. I do respect my 2nd amendment rights, very much so. But I also understand how criminal investigations work as well.

    Louisiana law says that I cannot KNOWINGLY provide a felon a firearm.

    Now, if I KNOW someone is a felon and provide them with a firearm, I have broken the law.

    Again, I don't KNOWINGLY sell guns to felons, or people that I suspect MAY be a felon.

    To each his own.

    Based on your stance, I would be surprised if you have a good working knowledge of how criminal investigations work. If you're planning to stick with the "I didn't know because I never asked" defense, good luck.
     

    Leadfoot

    Low Speed High Drag
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    104   0   0
    Mar 4, 2009
    5,075
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    Livingston Parish
    You are correct about knowingly providing a prohibited person with a firearm. There is some wiggle room there, because, as a private citizen, you wouldn't necessarily know they were prohibited.
    The ATF in-state transfer requirement leaves no discretion, though. "An unlicensed individual is prohibited from directly transferring a firearm to a person residing in another state." (Applies to all types of firearms)

    https://www.atf.gov/file/58681/download

    If I ship a gun to someone out of state without going through an FFL, thats a no brainer.

    If I meet someone face to face in a parking lot, how is the ATF going to hold me responsible for transferring a firearm to someone residing in another state?
     

    krotsman

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    104   0   0
    Aug 2, 2012
    1,364
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    Baton Rouge
    If I ship a gun to someone out of state without going through an FFL, thats a no brainer.

    If I meet someone face to face in a parking lot, how is the ATF going to hold me responsible for transferring a firearm to someone residing in another state?

    They may or may not, at their discretion, but if they investigate the line of possession of the weapon and can prove that Louisiana resident A sold it to Mississippi resident B, you'll probably have some splainin' to do.

    And, to reiterate, if it's a high profile crime, mass media will scream that unregulated personal firearms transfers are the devil's work and must be stopped. And then we have to start doing all transfers thru an FFL (that'll be $40 please).
     
    Last edited:

    Leadfoot

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    Livingston Parish
    I advocate that people should do whatever they feel is in their best interest regarding this type of thing. Again, what I feel comfortable with and what someone else does can be totally different. I am not a lawyer, and my legal advice is worth exactly what you paid for it.
     

    krotsman

    Well-Known Member
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    104   0   0
    Aug 2, 2012
    1,364
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    Baton Rouge
    I advocate that people should do whatever they feel is in their best interest regarding this type of thing. Again, what I feel comfortable with and what someone else does can be totally different. I am not a lawyer, and my legal advice is worth exactly what you paid for it.

    I'm obviously not going to change your opinion on this, but by making this statement, you are saying a seller should either check or not check the buyer's residency, whatever they feel like doing. Because there is a federal law saying only in-state resident transfers are allowed, your statement equates to don't be a criminal or do be a criminal, whatever you feel like doing. It's flawed logic and bad advice.
     

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