Question on crossing state lines to purchase firearm?

[geezerbutler]

Is it against federal law to cross state lines to buy a weapon from an individual out of a newspaper?

Can someone refer me to the US code pertaining to this.

I figured M4C was the quickest way to get an answer.

I'm not a buyer, but I am selling and I have an out of state party interested.



Thanks in advance.

[BH1]

Is it against federal law to cross state lines to buy a weapon from an individual out of a newspaper?

Can someone refer me to the US code pertaining to this.

18 USC 922(a)(3) and (5)

Thats from the 2000 green book. n/a for C&R.

[geezerbutler]

18 USC 922(a)(3) and (5)

Thats from the 2000 green book. n/a for C&R.

Right on, right on! I appreciate it.

I don't know why I was too lazy to do it on my on....


Here is what I found after Googling "18 USC 922 a3".

A cheatsheet for sentencing in federal weapons related offenses.

Could be useful for just about everyone on M4C.


http://www.dcfpd.org/sentencing/firearms_cheatsheet.pdf

It looks like it could be old since it refers to LCAFD's.

But generally most of the laws are good to go.

[Iraqgunz]

Just want to be clear on this. I can buy a long gun in a different state (contiguous)from a dealer, but I cannot buy a long gun from a private person in another state? Interesting. I though the restriction only applied to handguns.


Right on, right on! I appreciate it.

I don't know why I was too lazy to do it on my on....


Here is what I found after Googling "18 USC 922 a3".

A cheatsheet for sentencing in federal weapons related offenses.

Could be useful for just about everyone on M4C.


http://www.dcfpd.org/sentencing/firearms_cheatsheet.pdf

It looks like it could be old since it refers to LCAFD's.

But generally most of the laws are good to go.

[seb5]

Just want to be clear on this. I can buy a long gun in a different state (contiguous)from a dealer, but I cannot buy a long gun from a private person in another state? Interesting. I though the restriction only applied to handguns.

That's what I thought as well........and that's what I'd do. But, I've been wrong before.

[OldNavyGuy]

in a face to face deal between two private citizens from different states, just do it and keep the transaction quiet, no one needs to know anything about it but you and the buyer/seller.

there is nothing in the Constitution that prohibits such actions.

the times we live in today is absolutely out of whack, i bought my first rifle (Winchester M-92 Saddle Ring Carbine, 25-20 $25.00) and revolver (H&R 9 shot .22LRRF $) when i was in High School, and i drove myself to school, gun shops and any where i wanted to go on .23 cent a gallon for gasoline, no damn paperwork just hand over the cash, receive a receipt and your gun and all was "Kosher".

then i drive to the old strip mines and have a blast shooting rats that fed on the garbage and trash people dumped there.

[geezerbutler]

in a face to face deal between two private citizens from different states, just do it and keep the transaction quiet, no one needs to know anything about it but you and the buyer/seller.

there is nothing in the Constitution that prohibits such actions.

the times we live in today is absolutely out of whack, i bought my first rifle (Winchester M-92 Saddle Ring Carbine, 25-20 $25.00) and revolver (H&R 9 shot .22LRRF $) when i was in High School, and i drove myself to school, gun shops and any where i wanted to go on .23 cent a gallon for gasoline, no damn paperwork just hand over the cash, receive a receipt and your gun and all was "Kosher".

then i drive to the old strip mines and have a blast shooting rats that fed on the garbage and trash people dumped there.

If the interstate FTF buyer commits a crime or sells it later on to another person who commits a crime or even if the gun is stolen and then used to commit a crime, they're going to come back to you if it is a case with federal jurisdiction to begin with.

In state and locacal cases, I have traced crime guns, and as long as they weren't stolen I stopped there no matter who the original purchaser was.

Thats the predicament that I see. Whether the constitution prohibits it is irrelevant. The law exists that makes it illegal. I'm not saying I agree with it, but I sure as hell aint't gonna be a guinea pig in my state.


Why can I sell a gun FTF in my own state to a resident of my state but not another.?


I may it really boils down to tax issues:confused:, as ATF used to be under Treasury and federal crimes require one main criteria: interstate commerce. The reason people get charged with federal gun crimes is because the weapon itself has traveled in interstate commerce.

Example: Gun was made in New York and then shipped to a dealer in TN. Then someone breaks into a home and steals it from the original purchaser. Local and state laws have been violated as well as federal law because the gun traveld in interstate commerce.


Just ask the people that have said paying taxes is not authorized in the constitution. They are almost always either convicted of civil or criminal violations when using this as a defense. And even if they use it as part of their defense and are found not guilty, it's not the "The constitution doesn't provide for taxation of the citizenry" part that gets them off.


The opposite of Caveat Emptor applies here, since I think the seller has more to lose, especially if you purchased the weapon being sold interstate through an FFL.

Just my $.02

[Robb Jensen]

The question was answered correctly.
Legally it'll have to go through an FFL holder.

M4C does not advocate committing a felony by doing a FTF purchase/trade out of your state of residence.