Selling a pistol

[cguedr]

I know that we are able to sell directly to Louisiana residents, but what would we have to go through to sell to a resident of a neighboring state? This resident's wife is a Louisiana resident.

 

[thomjb]

Handguns sold across state lines have to have a FFL on the receiving end.

 

[cguedr]

Thanks man.

 

[honestlou]

I know that we are able to sell directly to Louisiana residents, but what would we have to go through to sell to a resident of a neighboring state? This resident's wife is a Louisiana resident.

A Louisiana resident could sell a handgun to the other Louisiana resident, the wife. However, the wife, as a Louisiana resident, could not legally transfer the handgun to her husband, if he is a resident of a different state.

I am curious though, as to how husband and wife are residents of two different states? This would indeed be rare.

 

[Storm52]

A Louisiana resident could sell a handgun to the other Louisiana resident, the wife. However, the wife, as a Louisiana resident, could not legally transfer the handgun to her husband, if he is a resident of a different state.

I am curious though, as to how husband and wife are residents of two different states? This would indeed be rare.[/QUOTE]

Happily married???

 

[deafdave3]

A Louisiana resident could sell a handgun to the other Louisiana resident, the wife. However, the wife, as a Louisiana resident, could not legally transfer the handgun to her husband, if he is a resident of a different state.

I am curious though, as to how husband and wife are residents of two different states? This would indeed be rare.

My wife and I are legal residents of two different states. We are both deaf. We both have children of our own. THAT is the reason we do not yet want to leave our native state.

 

[James Cannon]

---removed---

EDIT:

Hold on. I tried finding the bit about this on atf.gov but cannot find it. I might be mistaken.

Yea, sorry, I can't back up my original claim. I don't think it is possible for unlicensed persons to transfer a handgun to a resident of another state, even if married, even if it's your offspring.

Or at least, I can't find anything to back it up. I thought for sure you could gift to family though.

 

[petelanca]

The ATF's expectation is pretty simple to comply with. I would rather dot the I and cross the T on the deal than having to acquire legal representation out of state. The 4173 he processes will give you finalization. Possibly offer to split the fee with the buyer.

 

[cguedr]

Sounds good

 

[honestlou]

---removed---

EDIT:

Hold on. I tried finding the bit about this on atf.gov but cannot find it. I might be mistaken.

Yea, sorry, I can't back up my original claim. I don't think it is possible for unlicensed persons to transfer a handgun to a resident of another state, even if married, even if it's your offspring.

Or at least, I can't find anything to back it up. I thought for sure you could gift to family though.

There is an exception for inherited guns, but not for just a regular gift or donation. There is also an exception for a "loan" of a weapon for sporting purposes.

 

[JadeRaven]

I am curious though, as to how husband and wife are residents of two different states? This would indeed be rare.

Joking aside , residency is different from domicile, and individuals can maintain multiple state residencies even though they may have only one true domicile. Used to be wives were automatically presumed to have the domicile of their husbands, but that has since changed and spouses can claim separate domiciles. Where handgun transfers come into that I do not know


*IANAL*

 

[spanky]

You are talking about FPMITAP. Ship it or or drive your ass across state lines and do the deal at an FFL.

 

[tbeubs17]

Military members may be residents of another state for tax purposes and marry person in the area they are stationed. That person would be a local resident. When I got stationed here yrs ago my wife became LA resident while I was still a FL resident.

 

[cguedr]

Wouldn't I be able to legally sell to his wife?

 

[honestlou]

Military members may be residents of another state for tax purposes and marry person in the area they are stationed. That person would be a local resident. When I got stationed here yrs ago my wife became LA resident while I was still a FL resident.

You may be a resident of more than one state, but for ATF purposes, you may only by a firearm where you are residing. If you have a home in two states, in you legally buy in either state, while you are actually residing in that state. ATF is very clear about this.

So if you were a FL resident, but stationed in LA, you could be a resident of LA and buy a handgun here, but you could not legally buy a handgun from a FL resident while you were living in LA.

Wouldn't I be able to legally sell to his wife?

You can legally sell to the wife if the wife is a LA resident as you are. You cannot legally sell to the wife if she is currently living in another state, even if she has a LA drivers license, house, or anything else.

 

[honestlou]

Joking aside , residency is different from domicile, and individuals can maintain multiple state residencies even though they may have only one true domicile. Used to be wives were automatically presumed to have the domicile of their husbands, but that has since changed and spouses can claim separate domiciles. Where handgun transfers come into that I do not know

Residency is different than domicile, and that is why I said it would be rare for husband and wife to have different residencies. They are each residents of where they are living, so they would not have different residencies unless they were not living together.

A driver's license, real estate ownership, etc., does not necessarily make a legal residence. BATF recognizes that individuals may have multiple residences, but they may only buy a handgun in the state in which they are actually currently living.

 

[DPangle]

Confusion

I've read the La. statute and the ATF regs. Just wondering, if a person living in Louisiana buys a gun here then moves to say, Georgia. Once he achieves residency there can he sell a personal weapon to a neighbor in Georgia as a personal sale without going through a FFL? Just curious as I have a son from here now living in NC with a weapon he bought here 3 years ago.

 

[honestlou]

I've read the La. statute and the ATF regs. Just wondering, if a person living in Louisiana buys a gun here then moves to say, Georgia. Once he achieves residency there can he sell a personal weapon to a neighbor in Georgia as a personal sale without going through a FFL? Just curious as I have a son from here now living in NC with a weapon he bought here 3 years ago.

Sorry I just saw this--yes, once you are a Georgia resident, you can sell to other Georgia residents without going through an FFL. It doesn't matter where you lived at the time of acquisition--the gun is not 'registered' anywhere. It is your status that matters.