Is it legal to do a FTF sale to this guy?

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  • youngda9

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    I was seting up a meeting to sell a handgun today and when I asked the guy to bring his Indiana license so I could verify that he was a resident, here is his response:

    "I am an Indiana resident, although I'm not a US citizen. I do have a hunting license though, which allows me to buy and own firearms - I'll bring the hunting license as well."

    He has an Indiana drivers license.

    Please advise how to proceed ASAP, I don't know the law here.

    Thanks fellow INGO-ers

    UPDATE ON POST #37
     
    Last edited:

    abnk

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    From the IC:

    IC 35-47-2-7
    Prohibited sales or transfers of ownership
    Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
    (b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
    (1) has been: (A) convicted of a felony; or
    (B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
    (2) is a drug abuser;
    (3) is an alcohol abuser; or
    (4) is mentally incompetent.

    The above is from the Regulation of Handguns and makes no mention of citizenship status. I would do more research if I were you though.
     

    drgnrobo

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    If not a US citizen,I wouldnt do it. On forms for buying a firearm US citizenship is asked & if marked no, the individual does not get to purchase the firearm.
     

    abnk

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    If not a US citizen,I wouldnt do it. On forms for buying a firearm US citizenship is asked & if marked no, the individual does not get to purchase the firearm.

    Where the hell are you getting that from?
     

    MrsGungho

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    If not a US citizen,I wouldnt do it. On forms for buying a firearm US citizenship is asked & if marked no, the individual does not get to purchase the firearm.

    not correct. On the forms it is all about non-immigrant, illegal alien blah blah.
    Asks nothing about immigrants in the states legally until it gets to country of citizenship. If checked some other country and not US citizen then documentation is provided to show legal status.

    A non US citizen can indeed buy a gun from a gun store. If they are in the country legally, have the correct documentation to prove they are here legally and pass the NICS check.
     

    Expat

    Pdub
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    Why would he volunteer that? If he has a DL, would you even think to ask about his citizenship status? I would be worried you are dealing with a rat for the Feds that is about to catch you on some technicality. It just smells to me.
     

    drgnrobo

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    ft. wayne
    At the bottom of the 4473 ,it asks if you are a US citizen & if marked no that the shop at its discretion can cancel the sale.It may be the shops own rule as to refuse service to anyone but I read that if the individual has a legal immigration papers that a gun shop may sell if they are a legal resident. Im going on my own personal experience on this so if anybody can help out that works at a gunshop help out on the legality. I personally wouldnt sell to anyone of unknown origin
     

    melensdad

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    I have a good friend who is a CANADIAN living in the USA. He buys firearms legally here in the US without issues. He does have a work visa and is working toward attaining his US citizenship as he is a "LEGAL Alien" in the US.

    My thought is that I would ask the potential buyer if he has legal alien status here in the US, I'd copy his license information (not something I normally do) and proceed with the sale if all else looks good.
     

    MrsGungho

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    At the bottom of the 4473 ,it asks if you are a US citizen & if marked no that the shop at its discretion can cancel the sale.It may be the shops own rule as to refuse service to anyone but I read that if the individual has a legal immigration papers that a gun shop may sell if they are a legal resident. Im going on my own personal experience on this so if anybody can help out that works at a gunshop help out on the legality. I personally wouldnt sell to anyone of unknown origin

    I own a gun shop with my husband, please see my answer above
     

    Hoosier8

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    I was seting up a meeting to sell a handgun today and when I asked the guy to bring his Indiana license so I could verify that he was a resident, here is his response:

    "I am an Indiana resident, although I'm not a US citizen. I do have a hunting license though, which allows me to buy and own firearms - I'll bring the hunting license as well."

    He has an Indiana drivers license.

    Please advise how to proceed ASAP, I don't know the law here.

    Thanks fellow INGO-ers

    Tell him to bring his green card.

    Gun Dealer Gets Prison for Selling to Illegal Immigrant; Illegal ...
     

    sj kahr k40

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    I was seting up a meeting to sell a handgun today and when I asked the guy to bring his Indiana license so I could verify that he was a resident, here is his response:

    "I am an Indiana resident, although I'm not a US citizen. I do have a hunting license though, which allows me to buy and own firearms - I'll bring the hunting license as well."

    He has an Indiana drivers license.

    Please advise how to proceed ASAP, I don't know the law here.

    Thanks fellow INGO-ers

    If it bothers you so much pay the $15-$20 and have a FFL do a 4473
     

    drgnrobo

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    OK I was wrong,like I said it must be the shop I frequent personal preference to deal with US citizens only. See... I learned something today,thank you MrsGungho for enlightning me on this ( no,there is no purple text intended,I appreciate the education on this matter)sometimes I need to be told to shut up when Im misinformed
     

    Lakefield22

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    I will chime in. In my experience I have often gotten a delayed when doing a check on a non-citizen. Don't know if this is still the case but a couple years of go we would always get delayed but would normally get a call within 12 hours for proceed. Maybe had nothing to do with their citizenship and they were just unlucky.
     

    Security122

    Sharpshooter
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    Oct 18, 2010
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    I'll go with the "Bring your green card" answer. Whether or not you want to sell to a non-citizen of the US is up to you. It seems to me the transaction would be legal as long as you followed the other requirements already noted.
     

    IndyMonkey

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    I know a certian guy that is not from the US that has Full auto weapons.

    Somethings about the United states are bad ass.
     
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