Free legal advice on the internet. Interstate Gun trades

[NoAdmiration]

I have an opportunity to trade a handgun for a rifle.

The transaction is between private individuals in different states. I want to make sure I am staying fully legal and compliant with all federal and state laws.

I live in Indiana, the other party lives in Virginia. I know that I require an FFL to transfer ownership. My question is, can I drive to VA, deliver the handgun to an FFL in VA, then receive the rifle through the same FFL and take it home?

I fully expect there it be fee on all sides for this, but I want to make sure there are no legal prohibitions on trading guns this way.

It seems like a totally above board way of doing things but I’d like to know if there are legal issues I’m not aware of.

Any experience of advice would be appreciated. What other resources are available for people trying to stay on the good side of the ATF?

 

[sloughfoot]

I cannot think of a single reason why you cannot hand deliver your handgun to an FFL in Virginia for transfer to a Virginia resident. The Virginia FFL can transfer the rifle to you.

I came really close to buying a new rifle in Illinois a couple of days ago. The FFL explained the process very clearly

 

[cce1302]

Resources:
https://www.law.cornell.edu/uscode/text/18/922
Indiana Code 2016 - Indiana General Assembly, 2017 Session
Virginia State Police - Selected State Laws Pertaining to Firearms

 

[Tactically Fat]

Contact the FFL first before just heading out.

There's always the chance that the FFL won't be open to a "walk-in" transfer.

 

[TangoSierraEcho]

The short answer for most of what you are asking is yes you should be fine assuming that Virginia law allows the transfer of the rifle. Since the FFL is transferring the handgun there is no issue there. How the handgun gets to the FFL in Virginia is a question I'm not qualified to answer since the handgun is specifically being transported by you for the purpose of a sale or transfer I don't know if that violates interstate commerce laws.

For the other aspects of your question;

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. Which you are complying with by having the Virginia dealer do the handgun transfer.

18 U.S.C. 922(b)(3); 27 CFR 478.99(a) addresses the rifle transfer, generally, a licensee (dealer) may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

 

[medcoxo]

My question is : What rifle is worth 'driving' to Virginia for? Sounds like a good idea though. The VA person should be able to find a local FFL to work with. Seems like simply a 'transfer fee' situation.

 

[DRob]

"Free legal advice on the internet" is generally worth every penny you pay for it.

 

[minuteman32]

Also, double check if you can buy a long gun from a VA FFL. I don't recall if the law has been changed, but after the GCA68, IN & several other states passed laws permitting the purchase of long guns in contiguous states, as allowed by the GCA68. When the FOPA was passed, allowing interstate transfers from FFLs to individuals, it said it was permitted as long as it was "legal in that state and the individuals state". The ATF deemed that if a state had a law allowing for the contiguous state sale, that was the only states that were "legal". I don't recall if IN has changed the law & have no idea if VA has.

 

[FWP9MM]

I would save the trouble and have each party ship to a FFL in their state.

Still not sure that a HiPoint is worth all the effort.

 

[NoAdmiration]

These are custom competition guns so not really off the shelf stuff. In the end I decided to go through FFLs. It's the only way to be sure. Thanks for all the replies.