Outdoor Traders Please Read! Be vigilant with transactions!

[Mark IV]

Also, be aware that to be legal, the transaction has to be legal according to the laws of both states, which may be the reason that some FFL might not want to do a transaction for a buyer from a state which has rules they are not familiar with. For ex. if someone from IL. wanted to purchase a gun in GA. the Ga. gun dealer has to make sure that the purchaser is legal according to the insane IL. laws.

I may be missing something here (that's probably the safest bet! ), but I'm thinking someone from Illinois can't purchase a gun in Georgia, at all. There's nothing for a Ga FFL to do, because he can't transfer the gun to the guy with ILL residency, no matter what.
All he could do is ship the gun to the guy's FFL back home in Ill, and the Ga FFL's obligation would be only to verify the validity of the Ill FFL (and maybe the legality of the particular weapon in Ill.)
And if the guy from Ill is here visiting, and wants to sell a gun to his buddy/brother, a Ga resident, as I understand, the FFL is completely free to do the transfer, and IIllinois' laws don't come into play at all.
Is that not correct?

 

[Bushwhacker]

#infringement

 

[gh1950]

I may be missing something here (that's probably the safest bet! ), but I'm thinking someone from Illinois can't purchase a gun in Georgia, at all. There's nothing for a Ga FFL to do, because he can't transfer the gun to the guy with ILL residency, no matter what.

A Georgia FFL can sell a long gun "across the counter" to a resident of any state (any FFL can do this in any state, subject to state laws).

The catch is as I mentioned, the GA FFL has to make sure that the IL. purchaser is complying with the laws of IL. and GA. The GA. FFL would have to make sure that the IL. resident has the idiotic FOID card, and as a practical matter I would expect most GA. FFL to choose not to do so. Same situation would apply to a gun with a high cap mag, or even an "assault" rifle to a person whose home state does not allow the possession of one or the other.

A more relevant example, maybe. FL. just raised the age for the purchase of a long gun from an FFL to 21. Federal law says that the FFL can sell a long gun to someone 18 years of age and older.

So right now, a GA FFL cannot sell a long gun to a FL. resident between the ages of 18 and 21. A FL. resident 21 and up, no problem. I don't know how that is playing out - it may not be so burdensome as to be a problem, or it may be.

And if the guy from Ill is here visiting, and wants to sell a gun to his buddy/brother, a Ga resident, as I understand, the FFL is completely free to do the transfer, and IIllinois' laws don't come into play at all.

As far as I know, that is correct, only the laws of the state of the buyer come into play.

Now, I can see scenarios where this might change - say a Calif. resident shows up with the now illegal to own in California AR-15 and wants to transfer it through a GA. FFL. My personal informed opinion is that as long as the possession of the gun is not illegal at the place of transfer under either federal or state law, the FFL can submit the background check. Again, the FFL is not "selling" or "transferring" the gun. But that's just my opinion, and I don't know that I would want to bet my business on it without an opinion letter from BATFE.

 

[olerambler]

Had similar thing happen ref Colt Python found on GOn website 950bucks I call leave message got call back showed up a 864 number started talking to the guy he said he would need a Walmart debit card (That sent red flag up) I never do a deal over phone unless using a postal money order told the guy need to see a FFL licensees he sent ME PICTURE one so I HAD friend runs pawn shop check it number was valid but they they had used a different address for licenses he called a ATF guy he knew turned it over to him haven't heard anything from ATF been 3 or 4 months. YES I LEARNED LESSON YOU CAN BUY ALL THE LONG GUNS YOU WANT IN S C NO PROBLEMS BUT DON,T TRYING BUYING ANY HANDGUNS BEING A NON-RESIDENT COULD CAUSE YOU SOME PROBLEMS.

 

[rosewood]

Also, be aware that to be legal, the transaction has to be legal according to the laws of both states......

How could the state you live in tell you that you cannot sell a gun in another state? Especially if you are traveling there. I can understand the state you are selling it in having say so. I would think that the state where the sell is occurring as well as federal laws would take precedence.

Disregard. I see you reworded this in another post.

 

[SirBannedAlot]

This is why I always ask to peek at a GA Drivers license or CCW, to verify they are a resident.

So can I drive up to Palmetto and purchase a rifle? But I can't buy a pistol or stripped lower, because the lower itself might be made into a pistol, and therefore would have to be mailed to my FFL locally?

But the rifles are good to go?

 

[schmoothy]

Essentially the fundamental issue is interstate commerce. Transaction + different residents + firearms = high caution citizens should have due to regulatory powers our government has always had. Both parties physically present in GA doesn’t defeat the interstate transaction. Good call on your part. Want an interesting read...”Acing Constitutional Law.”. It’s the nuts and bolts of a logical reason when faced with many perplexiities.

 

[Jeddak]

This is why I always ask to peek at a GA Drivers license or CCW, to verify they are a resident.

So can I drive up to Palmetto and purchase a rifle? But I can't buy a pistol or stripped lower, because the lower itself might be made into a pistol, and therefore would have to be mailed to my FFL locally?

But the rifles are good to go?

Yep, rifles, pistol caliber carbines are good to go. Lowers and pistols are no go. PSA will run a check on you, even with a GA WCL.