Shipping Firearms Out of State (Read 18987 times)

Kingkeoni

Re: Shipping Firearms Out of State
« Reply #20 on: April 27, 2013, 04:08:16 AM »
The question asked was: 
Where is the part about the buyer having a permit in the question??  I took this as a general question, not as a Hawaii-specific situation.  In many states, no permit is needed for in-state, private transfers.  Hence, the need to check ID for age and residency.

We're in Hawaii.

This forum is called 2aHawaii.

Who in Hawaii would sell a firearm without a permit to acquire?  No one I know.
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Colt808

Re: Shipping Firearms Out of State
« Reply #21 on: April 27, 2013, 07:07:35 AM »
The question asked was:
Quote
what if you sell your firearms to someone that picked it up from you locally and he takes it back to his state. what is your legal obligation?

Where is the part about the buyer having a permit in the question??  I took this as a general question, not as a Hawaii-specific situation.  In many states, no permit is needed for in-state, private transfers.  Hence, the need to check ID for age and residency.
We're in Hawaii.

This forum is called 2aHawaii.

Who in Hawaii would sell a firearm without a permit to acquire?  No one I know.
Yes it's 2aHawaii and we (most of us) are in Hawaii, but I read it as a generalized question by MMM about selling to a non-resident that takes back to their home state. Whatever it might have been, you're both technically correct.
Reason obeys itself; and ignorance submits to whatever is dictated to it. ~Thomas Paine


And I still see stupid people.

moosed

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Re: Shipping Firearms Out of State
« Reply #22 on: April 27, 2013, 10:53:44 AM »
Thanks, Colt808.  I try not to make too many assumptions when reading the questions, but apparently not everyone is like that.  If you get into the "if you're in Hawaii, or if you're in California, or if you're in Oklahoma..." the answer becomes too complicated, and usually unnecessarily.  I boil it down to the federal requirements, then the state laws depend on where you live.

The overall answer I was trying to get to was this:  KNOW THE FEDERAL ATF LAWS AND THE LAWS OF THE STATE WHERE YOU LIVE.  If in Hawaii, the handgun seller must sign the Permit to Acquire.  I, however, would still ask for the guy's ID, just to verify for myself the permit holder is the same guy in his driver license picture.  You never know if the purchaser can't or won't meet in person, so he sends his buddy to do the deal.  Some things are simply due diligence when meeting someone for the first time.  Ask for ID and take a pic with your handy cell phone.  There's no excuse for being too lazy or shy to ask for ID.  If I've met the person before, then I'm not worried about identity.

There is no law that requires us to use common sense.  I prefer to take the more prudent stance as a responsible gun owner (and to cover my own butt) versus doing only the minimum the law specifically states. 

As we've discussed in these forums many times, it's up to the buyer and seller to agree on the details of a sale, including form of payment, meeting places, and what paperwork and permits must be created/presented or signed (bill of sale, permit, copy of ID, etc).  As long as the legal minimum requirements are covered, the rest depends on how comfortable you BOTH are with the process.

I'm not comfortable selling a deadly weapon to a complete stranger unless the transfer is legal and properly documented TO MY SATISFACTION, not just to what the law states.  If I ever find a detective at my door asking why my pistol was found at a crime scene, I have no reservations or difficulty providing documentation of a legal and properly handled transaction. 

Saying you are not responsible for what the buyer does with the gun is true.  But you are responsible to make sure the person you are selling the gun to meets the legal requirements for purchase insofar as you are able.  Until the gov't requires background checks for private sales, it's up to the sellers to keep the guns from criminals.  If anything about the buyer makes me suspicious, I would call off the sell.  But maybe that's just me?
When only cops have guns, it's called a "police state".

moosed

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Re: Shipping Firearms Out of State
« Reply #23 on: April 27, 2013, 10:58:45 AM »
We're in Hawaii.

This forum is called 2aHawaii.

Who in Hawaii would sell a firearm without a permit to acquire?  No one I know.

It's comforting to know you don't associate with criminals or negligent gun sellers.  I bet there are people in Hawaii who DO know somebody that's done exactly that!
When only cops have guns, it's called a "police state".

MMM

Re: Shipping Firearms Out of State
« Reply #24 on: April 27, 2013, 11:22:28 AM »
thanks guys. let me clarify what i was trying to get at.

1) i have a registered firearm in the state of hawaii.
2) i make contact and sell to someone from out of state that will pick up firearm here locally on his next trip.
3) what is my legal obligation to assure transfer is properly done?
4) do i have to check if he has a permit or registration policies from his state? or do i just need to check and log his ID.
5) re: registration in hawaii. do i have to notify local PD of transfer.

moosed

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Re: Shipping Firearms Out of State
« Reply #25 on: April 27, 2013, 12:47:07 PM »
thanks guys. let me clarify what i was trying to get at.

1) i have a registered firearm in the state of hawaii.
2) i make contact and sell to someone from out of state that will pick up firearm here locally on his next trip.
3) what is my legal obligation to assure transfer is properly done?
4) do i have to check if he has a permit or registration policies from his state? or do i just need to check and log his ID.
5) re: registration in hawaii. do i have to notify local PD of transfer.

The type of firearm matters.  Handgun or long gun?
When only cops have guns, it's called a "police state".

MMM

Re: Shipping Firearms Out of State
« Reply #26 on: April 27, 2013, 11:58:58 PM »
long gun

GZire

Re: Shipping Firearms Out of State
« Reply #27 on: April 29, 2013, 07:52:30 AM »
^^^No matter the type of firearm, I'd still go through a FFL to handle the transfer............only $30 more.

Paul96734

Re: Shipping Firearms Out of State
« Reply #28 on: April 29, 2013, 10:53:02 AM »
Paper trails are king when selling firearms in my opinion.

moosed

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Re: Shipping Firearms Out of State
« Reply #29 on: April 29, 2013, 01:31:37 PM »
long gun

Federal ATF law states:
Quote
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. ...
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

That means the buyer can purchase from a dealer (licensee), not a private owner if not in their own state.

Quote
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

That means a private seller must transfer the firearm to the buyer's FFL, and the FFL will transfer the firearm to the buyer.

...then there is this:

Quote
Any lawfully acquired rifle or shotgun may be lent to an adult for use within the State for a period not to exceed fifteen days without a permit; provided that where the rifle or shotgun is to be used outside of the State, the loan may be for a period not to exceed seventy-five days.

(Hawaii Law HRS §134-4)

Hypothetically, if you were to loan the long gun to the friend for use after he returns home, and THEN you decide to sell it to him within the 75 day loan window, he should be able to acquire ownership as long as he abides by his state's laws.  That probably means he takes it to an FFL to handle the out-of-state transfer requirements.  Now, some states (like Hawaii) will not accept transfers from out-of-state unless it's from another FFL.  As long as there's no requirement like that, it should be easy to find an FFL to help do the transfer ... HYPOTHETICALLY.. 

This is based on my reading the laws and trying to figure it out.  I'm in no way an expert at this, and I've not had to deal with these issues personally.  I have purchased on the Internet and gone through the process of "Mainland FFL"-to-"Hawaii FFL"-to-ME.  As I posted earlier, ASK the state firearms authority (police) or an FFL in BOTH states what should be done.  They are there to help you avoid being charged with a federal firearms crime.  I strongly recommend you seek out their advice and follow it.   :shaka:

Good luck.
When only cops have guns, it's called a "police state".

Funtimes

Re: Shipping Firearms Out of State
« Reply #30 on: May 02, 2013, 06:25:37 PM »
The question asked was: 
Where is the part about the buyer having a permit in the question??  I took this as a general question, not as a Hawaii-specific situation.  In many states, no permit is needed for in-state, private transfers.  Hence, the need to check ID for age and residency.

You don't need to check for ID or age restrictions.  However, failure to check for age restriction could land you in the "negligent" and/or "reckless" category if something goes wrong with it.

The brady campaign did a whole big thing on how they bought guns "without an ID" and even after telling people "they likely wouldn't pass a background check."
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