Private Handgun Sale to Non-Res ?? [Archive] - Glock Talk

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sourdough44
08-14-2007, 11:47
I am trying to buy a 2 month old handgun from a relative in MI. He bought it new from a dealer. I live in WI & we are allowed face to face private sales of handguns. I have not been able to get anything close to a straight answer about how to do this. I was told I can't get a MI 'purchase permit' because I am not a resident. We do not have any type of similiar permit in WI. I do the paper work & the 3 day wait with the FFL dealer here in WI when I buy a handgun.

I am going to MI next week and had planned to work this out. Are there any options ? Can he "give" it to me? If I went to a MI dealer to work this out they would probably go and require a MI purchase permit, that I can't get. I am not a criminal type but the seller wanted to be free from any legal worries. What do you think?? Bill of sale type receipt?? Thanks.

4TS&W
08-14-2007, 11:54
No.

-He ships to your FFL.

-You fill out the 4473 from the dealer, and pay him a transfer fee.

-Everyone stays prison free with no conjugal visits from Bubba.

The end.

:thumbsup:

sourdough44
08-14-2007, 12:41
Well I don't want to opt out of the transaction since the original plan was for me to buy it while he kept another of the same. I could go to my local gunshop & get a paper with their shipping info like I have done before. If he ships from an FFL how does he verify he no longer owns the gun with MI? Can I take everything & just ship the serialized trigger assembly through the FFL in the original box?

gsbell
08-14-2007, 13:01
Originally posted by sourdough44
If he ships from an FFL how does he verify he no longer owns the gun with MI? There is no un-registration process here, he should just keep a copy of the paper work from the sale to you.

10 Ring Tao
08-14-2007, 23:51
Do you have registration requirements in WI?

sourdough44
08-15-2007, 03:26
No we do not have a 'registration' requirement like MI. You do the paperwork, 3 day wait & take the gun home, done. I have lived around the country, most notably, WA,MS,GA,& FL. It has been a few years but most places I have been you just do the background check & 3 day wait.

10 Ring Tao
08-15-2007, 11:49
Originally posted by sourdough44
No we do not have a 'registration' requirement like MI. You do the paperwork, 3 day wait & take the gun home, done. I have lived around the country, most notably, WA,MS,GA,& FL. It has been a few years but most places I have been you just do the background check & 3 day wait.

The check and the wait are from an FFL. What about face to face?

sourdough44
08-15-2007, 18:51
I have only done a private sale handgun in MS, there was no paperwork required when I did it years ago. I have only done private sale long guns in WI. I think handgun private sales are o.k. since some are trying to change the law here. Yes I would check before I did one.

Answer me this; MI resident retires to MS(or state that allow private sales) with a few handguns. If he wants to sell or passes on what should he or his estate do. The neighbor, a retired cop, just said he would buy at a fair price?

geekboy
08-15-2007, 19:32
Umm... make sure you know the law. Transfers of firearms is covered by Federal law when it comes to residency. Under Federal Law you cannot transfer any firearm to a non licensee (non-FFL), unless the person you are transferring a weapon to is a resident of your state. Otherwise, you must transfer it through an licensee (FFL holder).

To whom may an unlicensed person transfer firearms under the GCA?

http://atf.treas.gov/firearms/faq/faq2.htm#b1

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

sourdough44
08-16-2007, 04:39
Thanks, the residency limitations make sense, as to meshing federel & various state law.

I feel at home in MI, grew up in the U.P.(wife from lower), & have a camp there. In the back of my mind I entertain the idea of a future residency. Other than a less expensive hunting & fishing license maybe there isn't much reason for it. With the job & kids I can handle WI but going into retirement doubt if we will keep it. Yes WI CCW is stalled & maybe someday with a new gov it will pass. Not to ping on any MI guys but there are a few WI laws I like better.

Ender
08-16-2007, 18:18
Originally posted by sourdough44
Well I don't want to opt out of the transaction since the original plan was for me to buy it while he kept another of the same. I could go to my local gunshop & get a paper with their shipping info like I have done before. If he ships from an FFL how does he verify he no longer owns the gun with MI? Can I take everything & just ship the serialized trigger assembly through the FFL in the original box?

if it is a semi-auto, the FRAME is considered the firearm. you could take the slide and barrel with back with you if you really wanted to.

he does NOT have to ship from an FFL by law, as long as your FFL is willing to accept shipments from private parties (some FFL's will not, but this is policy, not law -- unless WI has a state law about it, and they may, i have no clue).

all that said, check your local laws or talk to an FFL you trust (if there is one :tongueout: )

and good luck! ;)