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Private handgun sales & paperwork ?

SpringerXDacp

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May 12, 2006
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Burton, Michigan
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iheartglock wrote:
YoZUpZ wrote:
Master Doug Huffman, quite a few actually... this info is from the Map page of OCDO:



California = any privategun transferis illegal

Iowa = private handgun transfer is illegal, long gun legal

Michigan = private handgun transfer is illegal, long gun legal

Pennsylvania = private handgun transfer is illegal, long gun legal

North Carolina = private handgun transfer is illegal, long gun legal

New Jersey = private handgun transfer is illegal, long gun legal

Massachusetts = private handgun transfer is illegal, long gun legal

Illinois = private handgun transfer is illegal, long gun legal if not at gun show

Connecticut = private handgun transfer is illegal, long gun legal if not at gun show

New York = private handgun transfer is illegal, long gun legal if not at gun show

Oregon = Illegal to transfer private ownership at gun shows

Colorado = Illegal to transfer private ownership at gun shows

i recently bought a glock from a private party here in MI and was not illegal, just requires the pistol purchase permit which is used for FFL and private

You're not incorrect that with a license to purchase (LTP) in Michigan, you can obtain a pistol through a non-FFL. However, what is really meant by:

"Michigan = private handgun transfer is illegal, long gun legal"

that a pistol can not be legally purchased in Michigan from a relative/neighbor/gun show/etc, unless you have a LTP or a CPL. In other words, you can not purchase a pistol like you canfor a rifle or shotgun without the appropriate paperwork.
 

Sig229

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Dec 14, 2006
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Pittsburgh, Pennsylvania, USA
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Here's a question for the legal guru's....

I have a friend selling a rifle in OH, but I am a PA resident. Can I legally travel (30 minutes) to OH and do a F2F transfer of the rifle?

I understand F2F for long guns and pistols are legal in OH, but I cant find anything on residency requirements.

~Thanks




.
 

iheartglock

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Location
flat Rock, Michigan, USA
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SpringerXDacp wrote:
iheartglock wrote:
YoZUpZ wrote:
Master Doug Huffman, quite a few actually... this info is from the Map page of OCDO:



California = any privategun transferis illegal

Iowa = private handgun transfer is illegal, long gun legal

Michigan = private handgun transfer is illegal, long gun legal

Pennsylvania = private handgun transfer is illegal, long gun legal

North Carolina = private handgun transfer is illegal, long gun legal

New Jersey = private handgun transfer is illegal, long gun legal

Massachusetts = private handgun transfer is illegal, long gun legal

Illinois = private handgun transfer is illegal, long gun legal if not at gun show

Connecticut = private handgun transfer is illegal, long gun legal if not at gun show

New York = private handgun transfer is illegal, long gun legal if not at gun show

Oregon = Illegal to transfer private ownership at gun shows

Colorado = Illegal to transfer private ownership at gun shows

i recently bought a glock from a private party here in MI and was not illegal, just requires the pistol purchase permit which is used for FFL and private

You're not incorrect that with a license to purchase (LTP) in Michigan, you can obtain a pistol through a non-FFL. However, what is really meant by:

"Michigan = private handgun transfer is illegal, long gun legal"

that a pistol can not be legally purchased in Michigan from a relative/neighbor/gun show/etc, unless you have a LTP or a CPL. In other words, you can not purchase a pistol like you canfor a rifle or shotgun without the appropriate paperwork.
gotcha
 

TFred

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Most historic town in, Virginia, USA
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CraigC178 wrote:
It doesn't really fit neatly into any of the categories that are on there. I'd label it "Legal with restrictions" or "Legal with state specific requirements". Our gun laws are a confusing mess, but private transfers are legal as long as the waiting period is observed and the proper records are kept.

There might also be local restrictions that I am unaware of. Illinois allows any municipality with more than 25,000 residents to pass its own laws unless the general assembly has passes a law preempting home-rule. Than hasn't happened with guns because it requires a 3/5ths majority.
Nobody asked my opinion, but I'll give it anyway. :)

I would lable this a plain and simple "Banned."

When I see the phrase "private sale" that implies to me a sale between two parties and those two parties alone. The requirement to keep records, and to surrender those records to the government upon demand makes it not at all "private".

It all comes down to what the definition of "private" is. Your definition appears to simply be a purchase from someone who is not a licensed dealer. To me "private" means a purchase between two individuals that is unknown by any outside party, including the government.

The owners of the OCDO maps will have to decide what "private" means to them before their maps will be able to accurately and consistently depict the status of each state. Once they do, it becomes important that they indicate what meaning they have ascribed to it, so everyone who reads the map will understand what the information presented really means.

TFred
 

Mike

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May 13, 2006
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Fairfax County, Virginia, USA
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TFred wrote:
When I see the phrase "private sale" that implies to me a sale between two parties and those two parties alone. The requirement to keep records, and to surrender those records to the government upon demand makes it not at all "private".
Yeah, right now John and I are thinking of creatig a new category for Illinois and Massachussets - both states have very similar wrinkles to take account of.
 

TFred

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Most historic town in, Virginia, USA
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CraigC178 wrote:
(430 ILCS 65/3) (from Ch. 38, par. 83‑3)

(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense.
Got me to thinking... what if the seller moves out of state at some point after making such a sale? Are they required to notify the authorities of how to reach them for the next 10 years? Are they subject to the laws of a state in which they no longer reside?

TFred
 

rodbender

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Jun 23, 2008
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Navasota, Texas, USA
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TFred wrote:
Are they subject to the laws of a state in which they no longer reside?

TFred
No waythat could be enforced, seeing as once you leave a state, you are no longer governed by the laws of that state.
 

diggy485

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Joined
Aug 4, 2009
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, Iowa, USA
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Iowa only allows private transfers between immediate family. Any other transfer is discouraged. this is how our statute reads..

"A permit is not required for antique handguns, handguns not capable of being readily restored to a firing condition, a handgun designated a collector's item by the Commissioner of Public Safety, transfers between relatives within the second degree of consanguinity or affinity, or by a holder of a handgun carrying permit."
 

diggy485

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Aug 4, 2009
Messages
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Location
, Iowa, USA
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Here is the statute for my above post.
724.15Annual permit to acquire pistols or revolvers. 1.Any person who acquires ownership of any pistol or revolver shall first obtain an annual permit. An annual permit shall not be issued to any person unless:
a.The person is twenty-one years of age or older.
b.The person has never been convicted of a felony.
c.The person is not addicted to the use of alcohol or a controlled substance.
d.The person has no history of repeated acts of violence.
e.The person has never been convicted of a crime defined in chapter 708, except "assault" as defined in section 708.1 and "harassment" as defined in section 708.7.
f.The person has never been adjudged mentally incompetent.
2.Any person who acquires ownership of a pistol or revolver shall not be required to obtain an annual permit if:
a.The person transferring the pistol or revolver and the person acquiring the pistol or revolver are licensed firearms dealers under federal law;
b.The pistol or revolver acquired is an antique firearm, a collector's item, a device which is not designed or redesigned for use as a weapon, a device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device, or a firearm which is unserviceable by reason of being unable to discharge a shot by means of an explosive and is incapable of being readily restored to a firing condition; or
c.The person acquiring the pistol or revolver is authorized to do so on behalf of a law enforcement agency.
d.The person has obtained a valid permit to carry weapons, as provided in section 724.11.
e.The person transferring the pistol or revolver and the person acquiring the pistol or revolver are related to one another within the second degree of consanguinity or affinity unless the person transferring the pistol or revolver knows that the person acquiring the pistol or revolver would be ineligible to obtain a permit.
3.The annual permit to acquire pistols or revolvers shall authorize the permit holder to acquire one or more pistols or revolvers during the period that the permit remains valid. If the issuing officer determines that the applicant has become disqualified under the provisions of subsection 1, the issuing officer may immediately invalidate the permit."

724.16Annual permit to acquire required--transfer prohibited. 1.Except as otherwise provided in section 724.15, subsection 2, a person who acquires ownership of a pistol or revolver without a valid annual permit to acquire pistols or revolvers or a person who transfers ownership of a pistol or revolver to a person who does not have in the person's possession a valid annual permit to acquire pistols or revolvers is guilty of an aggravated misdemeanor.
2.A person who transfers ownership of a pistol or revolver to a person that the transferor knows is prohibited by section 724.15 from acquiring ownership of a pistol or revolver commits a class "D" felony.
 

Nutczak

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Dec 2, 2008
Messages
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The Northwoods, lakeland area, Wisconsin, USA
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Although we have no provisions for concealed-carry here in WI, and we are still under the GFSZ's.
I am really starting to realize how good we actually have it in WI.
If I want to sell a handgun, Rifle, or Shotgun. I collect the money, and I hand the buyer the gun. Done! No paperwork, no waiting periods, no requirement to keep records. nothing! Legally, I do not even need to ask the persons name.

Back a few years ago, the local tribe decided they could not afford to pay out their per-capita profit-sharing monies to the tribal members. Since many people depend on that money to cover Christmas presents, and they didn't get it. They sold alot of things to make ends meet.

Afriend and me bought several firearms that for pennies on the dollar, cleaned them up, kept the sweethearts, and sold the rest to other friends. And nothing was illegal about anything we did and I feel it should be this way in every state in this country.
What next? are they going to try and regulate sales of knives between private parties?
Look to the UK, we do not want to go that direction at all.
 

Gunslinger

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Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
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SpringerXDacp wrote:
iheartglock wrote:
YoZUpZ wrote:
Master Doug Huffman, quite a few actually... this info is from the Map page of OCDO:



California = any privategun transferis illegal

Iowa = private handgun transfer is illegal, long gun legal

Michigan = private handgun transfer is illegal, long gun legal

Pennsylvania = private handgun transfer is illegal, long gun legal

North Carolina = private handgun transfer is illegal, long gun legal

New Jersey = private handgun transfer is illegal, long gun legal

Massachusetts = private handgun transfer is illegal, long gun legal

Illinois = private handgun transfer is illegal, long gun legal if not at gun show

Connecticut = private handgun transfer is illegal, long gun legal if not at gun show

New York = private handgun transfer is illegal, long gun legal if not at gun show

Oregon = Illegal to transfer private ownership at gun shows

Colorado = Illegal to transfer private ownership at gun shows

i recently bought a glock from a private party here in MI and was not illegal, just requires the pistol purchase permit which is used for FFL and private

You're not incorrect that with a license to purchase (LTP) in Michigan, you can obtain a pistol through a non-FFL. However, what is really meant by:

"Michigan = private handgun transfer is illegal, long gun legal"

that a pistol can not be legally purchased in Michigan from a relative/neighbor/gun show/etc, unless you have a LTP or a CPL. In other words, you can not purchase a pistol like you canfor a rifle or shotgun without the appropriate paperwork.
Not quite true for CO. In the gunshow yes; out in the parking lot it is perfectly legal. Or you meet somewhere else. Many deals are made that way.
 
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