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A couple of questions. Long gun? Bordering state? Bottom line is, don't do it if your not sure. Why the hell would you drive to another state to sell a gun? To make an extra 50 bucks and spend 100 bucks in gas?
Family.Originally Posted by Colorado Luckydog
Errrrrrrrrrrrrrrr
Haw haw haw?..
if its family then im pretty sure you can give it to a relative as a gift .but you might need an ffl still .
Jordan, NO!! Being a bordering State would make absolutely no difference either as the Federal law still prevails.
The post made by car-15 pretty well covers it for you.
Providing you transport it in a legal condition (some States require the firearm to be broken down,unloaded, in a case and locked in a separate compartment - like in Illinois), you could possibly take it to an "AGREEABLE" FFL in the state where you want to transfer it and that FFL, can run it through his books to make the transfer legal - after the required background check is completed. That FFL will most likely require payment for his service. If that FFL takes it and enters it into his bound book as required, and the intended recipient does not pass the background check, the FFL would have to have YOU fill out the 4473 and do a background check on you for you to get your own gun back. If you are talking handgun and NOT a long gun, the FFL couldn't return it to you directly (if the intended recipient failed the background check) but would have to ship it to a FFL here in your home State where you'd have to go through all the paperwork again for your own gun.
Sad but true.
OK, now who's going to be the first to tell me that I'm full of crap on this one?
Nope, I think that's pretty much right.
The difficulty is going to be finding an AGREEABLE FFL ... most FFLs are extremely wary of doing anything that seems out of the ordinary since they are beholden to an inconsistent and capricious government agency that at least can end their livelihood at worst will burn down their house and stomp their kittens.
The only way to find out is to start calling FFLs in the buyer's local area.
My brother lives in Raymore Missouri (suburb of KCMO) and the FFLs around the Kansas City are are used to this type of transaction (since the KC Metro Area is in two states ... three if you count folk in the Nebraska towns close by. But again, FFLs are hesitant to do anything out of the ordinary (especially if the gun in question is a handgun).
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Well if this happens it would be in New mexico which I am a Tax paying resident of. I live here in CO with a Co drivers license cause of the military. So would I have dual "citizenship".
Also How do they know, So if you move to a state do you have to do a transfer for your guns bought in State X? Or because you are now a resident of state Y so are your guns.
Errrrrrrrrrrrrrrr
Haw haw haw?..
As a dual state resident you could, indeed, transport your personal firearm back to NM, and provided you are in residence in NM at the time, transfer that firearm to a resident of NM, provided NM allows that private sale. Just driving there to do the sale/gift wouldn't be legal, though if you were in residence there for leave or something, that would be OK. ATF might still consider it shifty, but it meets the letter of the law.
"They" wouldn't know unless you told them, or it was somehow established as a result of an investigation, in which case you'd have bigger things to worry about, probably. You may always transport your own firearms interstate without an FFL, provided the firearms are legal in your origination and destination states. If the transportation is a permanent move, that's OK too, though you'll have to comply with state laws in your new state, which might require a permit to own a handgun, for instance.
If you were moving to New York, as an example, your long guns could come with you, provided they comply with NY's assault weapon ban, but your handguns would have to go to a New York FFL until you had your New York pistol permit.
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Jordan, if you are a "tax paying resident of NM" would certainly appear that you must have a residence down there which according to what circuits posted would probably make it OK.
I am the type guy who likes to stay well within the letter of the law and if I were in a position like you are in, with a true residence down in NM I'd most likely just make the personal transfer. There is so damn much "gray area" contained in the laws that we have to contend with that it's really difficult to please everyone.
Same applies for family also. Only other legal way, that I am aware of, is when the firearm is bequeathed to someone (due to death) and then no FFL or 4473 crap would be necessary providing the recipient is legally able to accept/own the firearm and the firearm type is allowed in his State.
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