Can I buy a handgun in Michigan from someone?

[TAS]

I am in Indiana resident, can I purchase a handgun from someone in Michigan, and what are the rules/laws? Please advise...

 

[VUPDblue]

Yes you can, but it must be transferred to you through an Indiana FFL dealer. You cannot just meet-up with the seller and do a FTF transaction.

 

[sj kahr k40]

Handgun must be taken to a IN ffl dealer and you must fill out a 4473 form to take possession of the handgun, most ffl's charge a small fee to do the paperwork

VUPD beat me to it

 

[UltraRick]

Yes you can, but it must be transferred to you through an Indiana FFL dealer. You cannot just meet-up with the seller and do a FTF transaction.

What he said

 

[TAS]

can i buy the gun and then take it to a FFL dealer or does this have to be done prior?

 

[MrsGungho]

can i buy the gun and then take it to a FFL dealer or does this have to be done prior?

you can not have possession of the gun until the 4473 has cleared you.

 

[TAS]

Not doubting anyone, but found this on Wikipedia.... Please not the last line of this, I guess I should have been a little clearer, it is an individual that is selling it not a dealer in Michigan. Does this make any difference, does anyone know the specific laws for this scenario? I made the statement in bold.....

From Wikipedia, the free encyclopedia

Jump to: navigation, search
A Firearms Transaction Record, or Form 4473, is a United States government form that must be filled out when a person purchases a firearm from a Federal Firearm License holder (such as a gun shop).
The Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, make/model/serial number of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. Lying on this form is a felony and can be punished by up to five years in prison in addition to fines, even if the transaction is simply denied by the NICS.
The dealer also records all information from the Form 4473 into their "bound-book". A dealer must keep this log the entire time they are in business and is required to surrender the log to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) upon retirement from the firearms business. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handguns to a person in a five day period must be reported to ATF on Form 3310.4.
If a person purchases a firearm from a private individual who is not a licensed dealer, the purchaser is not required in most states to complete a Form 4473, though some states force individual sellers to sell through dealers.

 

[VUPDblue]

The last line you referenced in that post only applies to transactions between folks in the SAME STATE. When the buyer and seller are of different states, a FTF without FFL transfer is illegal.

As MrsGungho said, you cannot have possession of the gun until you have done the transfer. That means that the seller would have to come to Indiana and meet you at an FFL and do the transfer then before you could take possession of the gun.

 

[sj kahr k40]

The last line you referenced in that post only applies to transactions between folks in the SAME STATE. When the buyer and seller are of different states, a FTF without FFL transfer is illegal.

As MrsGungho said, you cannot have possession of the gun until you have done the transfer. That means that the seller would have to come to Indiana and meet you at an FFL and do the transfer then before you could take possession of the gun.

Or the seller could ship it to a FFL in Indiana and you do the 4473 when you pick it up

 

[rmabrey]

 

[04DarkShadowGT]

Not doubting anyone, but found this on Wikipedia.... Please not the last line of this, I guess I should have been a little clearer, it is an individual that is selling it not a dealer in Michigan. Does this make any difference, does anyone know the specific laws for this scenario? I made the statement in bold.....

From Wikipedia, the free encyclopedia

Jump to: navigation, search
A Firearms Transaction Record, or Form 4473, is a United States government form that must be filled out when a person purchases a firearm from a Federal Firearm License holder (such as a gun shop).
The Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, make/model/serial number of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. Lying on this form is a felony and can be punished by up to five years in prison in addition to fines, even if the transaction is simply denied by the NICS.
The dealer also records all information from the Form 4473 into their "bound-book". A dealer must keep this log the entire time they are in business and is required to surrender the log to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) upon retirement from the firearms business. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handguns to a person in a five day period must be reported to ATF on Form 3310.4.
If a person purchases a firearm from a private individual who is not a licensed dealer, the purchaser is not required in most states to complete a Form 4473, though some states force individual sellers to sell through dealers.

Just believe what they are telling you, they are right. If you still dont believe them, call the IN state police and confirm for yourself.

 

[MrsGungho]

Federal law prohibits selling a handgun to a resident of another state and prohibits selling a rifle or shotgun to a non-resident if the sale would violate state law. [18 USC § 922(b)(3)]. Individuals are prohibited from buying a handgun out-of-state [18 USC § 922(a)(3)]. FFLs may sell at gun shows in their state only [18 USC § 923(j)].

 

[MrsGungho]

Now you can believe wikipedia, or you can believe US Code, up to you.