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Outdoor Traders Please Read! Be vigilant with transactions!

BenKenobi2

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ODT Junkie!
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Guys, I have been apart of this great online community we have for several months now. Before I was referred to ODT by my local FFL gunsmith, I was using armslist to sell. What a sketch place! I am VERY happy that I stumbled upon ODT. I have met some great people and sold quite a bit on here with very honest and friendly folks.

That being said, I had a person message me last Saturday asking about my Ruger that I had for sale. He told me to text him back with pictures. That number started with an 864. I used to live in SC so I thought that was quite strange. I went about texting him and over the course of a few days, he finally decided he wanted to meet.

Before I ever meet up with anyone, I always check their profile. It adds a little security for me. The profile had zero feedback and the location of the profile is Greenville,SC.
I asked if he was a resident of GA and his reply was no. He had a CW for SC, but was not a resident of the state.

Now I may be mistaken, but I thought the law said that you cannot SELL to someone that is a non-resident without going through an FFL. I told him so, and he told me that I was wrong about the law, as long as it is face to face, a non-resident can come and buy a gun in the state of Georgia. I wasn't too sure about how flexible this law is but the situation still raises some concerns. I graduated with a criminal justice degree and I am going into the military. I do not WANT to risk anything and I also want to keep ODTr's vigilant of SHADY transactions. If he is correct then I will admit, I may be a little too cautious, but I do not want to risk my future over 230 bucks. As you can assume, I passed on the sale.

I choose not to broadcast his profile because again I do not want to put someone on the spotlight if they are correct.

Any law enforcement/legal experts on ODT can chime in?

Can you really meet and sell to a non-resident of our state if they physically meet you face to face? Or was I correct about it being illegal to sell without going through an FFL.


Thank you in advance!
 
https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download

Number 2 applies meet at an FFL:




2. May I lawfully transfer a firearm to a friend who resides in a different State?


Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

3.
 
Because you qualified your sale question with "legally", the answer is no. Selling across state lines is supposed to involved an FFL and proper transfer, even for private sales. This has come up before but I did not tag the thread then.

Others with better credentials will be along soon to offer real answers.
 
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