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IL to WI private sale possible?


r4ndy

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  • 1 month later...
On 11/2/2022 at 1:58 PM, SiliconSorcerer said:

It's absolutely legal to sell a lower or long gun to someone in a adjoining state, any state laws like FOID if it was coming this was apply but it must be done face to face.   I'm sure you can find this on the ATF site someplace. 

 

P.S. and I'm 100% confident on this answer!

 

FFLs can buy/sell firearms from/to unlicensed individuals across state lines (under certain conditions, notably long guns), but unlicensed individuals cannot buy/sell across state lines from/to other unlicensed individuals, even long guns.

 

18 U.S.C 922 said:

(a) It shall be unlawful --

...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides ...

...

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On 11/2/2022 at 2:47 PM, Euler said:

 

FFLs can buy/sell firearms from/to unlicensed individuals across state lines (under certain conditions, notably long guns), but unlicensed individuals cannot buy/sell across state lines from/to other unlicensed individuals, even long guns.

 

That's absolutely NOT true for a long gun, it has to be face to face and follow all applicable state laws.   I've read the specifics somewhere before and it stuck.

 

 

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On 11/2/2022 at 4:04 PM, SiliconSorcerer said:

This seems to also say a FFL in Indiana can't sell a long gun to a private resident in Illinois. 

 

No, it says a person who is not an FFL cannot sell any firearm to a private individual across state lines.

 

"... any person (other than a licensed ...) ... to any person (other than a licensed ...) ..." means unlicensed individual to unlicensed individual. I didn't quote the paragraphs dealing with FFLs (licensed individuals), since those aren't relevant to this discussion.

 

 

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