Private Firearm transfer law ???

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  • OLDBULL57

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    Apr 26, 2011
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    Hello, I've come to the forum to find out about private sale/transfer of firearms law for IN.

    I live in Ill. and I am talking with a man in IN. about purchasing his antique car for several weapons from my vault. The transaction will include long arms,handguns,ammo and maybe cash.

    I do understand that I could simply ship everything from my FFL to his. The down side is the weight issue as there is appx. 7K rounds of ammo involved.

    A) Because of the scope of the transaction would I need to speak with State or local Law Enforcement prior? ie. Out of state sale /delivery

    B) If the long guns & handguns go to his FFL can I deliver the ammo, holsters, cases etc.?

    C) In ill. we are reguired to have a F.O.I.D )Firearms owners I.D card. do you folks in IN. have some type of Sate issused permission slip I need to know about?

    D) do you have any restictions on how many fireams you can legally buy at one time?

    Thank you in advance for your help.
    Frank

    The man I may work with is near Louisville on your side of the river. I'd weclome suggestions for a FFL should I need the help.
     
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    Aug 14, 2009
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    Welcome to INGO, Frank! You should really just move over to Indiana - especially if you have a vault full... :D

    Come on over! The weather's about the same- the taxes are lower and we live a lot closer to the Constitution here!

    Please don't take any of my smart aleck comments as offensive - I don't intend them as such. Many a truth, however, is said in jest - and your questions do illustrate the difference between IN and IL pretty well... We welcome all freedom loving folks over here in Indiana!

    Here's my best quick run down on the laws - I am not a lawyer - so this is worth what you paid for it.

    A) No you don't have to talk to a LEO. Just an FFL. They can give you all of the paperwork and details.
    B) Guns need to go from FFL to FFL - holsters, etc don't. I don't THINK that ammo is a problem - but I'm not an expert.
    C) No FOID over here. Freedom ROCKS!
    D) No restrictions - but I believe that the FFL may have you fill out extra paperwork for a transfer involving multiple handguns. Don't remember the number, but the FFL can set you straight.

    Sounds like you need to get on the phone with the FFL of your choice and they can set you straight on what all to fill out. Sounds like you need to talk with the person you are doing the deal with and have them find a convenient FFL that will do the transfer. They will likely charge a per gun fee to do the paperwork. They will give you the exact particulars that need to be done. Guns are NOT registered in IN, so it should just be a matter of filling out the Federal paperwork, since it's crossing state lines. If you lived in IN, you guys could make the deal, shake hands and be done with it. Since you are crossing state lines - FFL's come into play.

    Anybody else chime in if I missed anything!

    Hope that helps, Frank!
     

    MrSmitty

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    Are you sure you want to get rid of guns??, since you live in the Peoples Republik of Illinois, isn't it hard to get them in the first place?, an since "you haff to szhow your papers" to be approved by ze Geheim Statz Polizei!!
     
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    snorko

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    Welcome to INGO.:) ALL firearms must go through an FFL. Everything else can be loaded/delivered in a U-Haul truck by you..Bill.:popcorn:

    This... Plus, since you are driving over the ammo and stuff, why not transport the guns to his FFL? Yopu can legally transport them to an FFL in his hometown, saving shipping, and still transfer them legally.
     

    OLDBULL57

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    Armed Programmer - Thanks, I kinda figured it would be FFL to FFL on the weapons. So far it will be 3 long guns & 2 hand guns. Shipping would be too bad. I can get them all into two hard cases.

    I was concerned about the multipule firarms transfer, didn't know if you folks had any limits on monthly purchases?

    The ammo is the expencive one to ship.

    POLITICS

    Those of us in the ISRA are tring over here . The laws just don't make sence not from just a consitutional stand point but from a finacal stand point. We are dancing on bankruptcy at the state level.

    At one time we had 20+ fireams companys doing business here and we push them out along with the jobs.

    We have 12 million people, and almost 1.5 have FOID cards. We should not only have CCW we should be doing a multi-state card like Fla. & Ut. To bring in more revenue. Our FOID card is $10 for 10yrs. Give us CCW at $100 for 5 years....That would bring in 100Mill. in user tax revenue.

    As to my residence, I'll be here for ten more as long as we are working. Indy's a nice place to visit but, I'm hoping to end up in Co. or No. New Mexico. The only Elk you guys have is on farms in Atlanta, Shoals, Velpen, etc. and I don't think those farmers would be letting me hunt there :D

    thanks all for the help
     
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    OLDBULL57

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    This... Plus, since you are driving over the ammo and stuff, why not transport the guns to his FFL? Yopu can legally transport them to an FFL in his hometown, saving shipping, and still transfer them legally.

    Good point, and this might take more than one visit. I'll need to drive the car, run a compression test, get it on a rack at a Tire store to do a safety check etc.
     

    wetidlerjr

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    This... Plus, since you are driving over the ammo and stuff, why not transport the guns to his FFL? Yopu can legally transport them to an FFL in his hometown, saving shipping, and still transfer them legally.

    I'm NOT a lawyer and NOT an expert but I'm not sure that he can, as a resident of IL, transport firearms in IN. At least, not hand guns. He is not travelling through the state (safe passage) but rather he is travelling in the state. As I understand it, his FOID has no standing in IN. At least, he should be VERY clear on the law before he enters IN with a truck load of firearms. Wouldn't you think ?

    Transporting Firearms

    The above link deals with an IN resident transporting firearms in IN but the IN laws referred to in the thread might tell an IL resident what is legal.
     

    Scutter01

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    I'm NOT a lawyer and NOT an expert but I'm not sure that he can, as a resident of IL, transport firearms in IN. At least, not hand guns. He is not travelling through the state (safe passage) but rather he is travelling in the state. As I understand it, his FOID has no standing in IN. At least, he should be VERY clear on the law before he enters IN with a truck load of firearms. Wouldn't you think ?

    Transporting Firearms

    The above link deals with an IN resident transporting firearms in IN but the IN laws referred to in the thread might tell an IL resident what is legal.

    That's correct. You need a valid license to transport handguns in Indiana, and Indiana recognizes any government's firearms license, but the FOID is not a license. Federal Peaceable Journey MAY cover him if he's legal at his destination (such as a gun shop to sell his guns), but I wouldn't want to gamble on it.
     

    patience0830

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    Not far from the tree
    Does IL require it be sent from an ffl?

    I can mail long guns to FFL's in most other states w/o involving an FFL on my end. And I can send handguns via ups next day air to an FFL if I'm understanding the regulations correctly. Could you crate the whole mess up and ship it by truck?

    This kind of question can get a feller in hot water pretty quickly if anything goes wrong. I'd say a phone call to the BATFE might get an answer you can be fairly sure is correct federally. As far as state codes go asking the AG's office might get you a correct answer.

    I'm gonna refrain from embarrassing myself further.:dunno:
     

    OLDBULL57

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    My F.O.I.D only allows me to legally transport a cased, unloaded firearm that not in my immedate access. In illinois that allows me to drive to a gun range, go hunting, go to a gun show, go show my brother my new gun.

    It is NOT a CCW, nor is it a way to get around a CCW. ie. you can't just drive around with the excuse eventually I'm going to the range. The Key point is not accessible, cased & unloaded and in transit to legally acceptible destination.

    I have transported with only my F.O.I.D card for hunting trips to Co., Tn., Canada and South Africa. I have had no problems with Customs In & Out of the USA, and one Ky tropper that had to remind me to pay better attention to the posted limit.

    I wouldn't think it would normally be an issue.....except that if this purchase goes through not we are talking several weapons and a lot of ammo. That said we have several venders from In & Wisc. that visit some of our local gunshows some are FFLs some are not.

    I'm an honest guy, I want to do every thing in complience with In & Fed law.
     
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    OLDBULL57

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    I can mail long guns to FFL's in most other states w/o involving an FFL on my end. And I can send handguns via ups next day air to an FFL if I'm understanding the regulations correctly. Could you crate the whole mess up and ship it by truck?

    .:dunno:

    In Ill. I can ship back to the manf. or a gunsmith without an FFL. However, I don't think I can ship to an FFL for a sale. That does make sence as the firearm will not change legal ownership if out for repair.

    Bottom line I will be contacting your State to besure I'm rightous.

    Thanks again
     

    wetidlerjr

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    My F.O.I.D only allows me to legally transport a cased, unloaded firearm that not in my immedate access. In illinois that allows me to drive to a gun range, go hunting, go to a gun show, go show my brother my new gun.
    It is NOT a CCW, nor is it a way to get around a CCW. ie. you can't just drive around with the excuse eventually I'm going to the range. The Key point is not accessible, cased & unloaded and in transit to legally acceptible destination.
    I have transported with only my F.O.I.D card for hunting trips to Co., Tn., Canada and South Africa. I have had no problems with Customs In & Out of the USA, and one Ky tropper that had to remind me to pay better attention to the posted limit.
    I wouldn't think it would normally be an issue.....except that if this purchase goes through not we are talking several weapons and a lot of ammo. That said we have several venders from In & Wisc. that visit some of our local gunshows some are FFLs some are not.
    I'm an honest guy, I want to do every thing in complience with In & Fed law.

    What states honor my Indiana handgun license?
    Indiana honors all other states handgun licenses. Not all other states honor Indiana’s license. Websites and organizations such as the NRA do attempt to track this information. Each state regulates this area differently and there is no obligation for one state to notify another state of any change in their law; therefore the department does not attempt to track this information.
    Note: Illinois issues a Firearms Owners Identification (FOI) card. This card relates to the purchasing of firearms, not a permit to routinely carry a handgun and is therefore is not honored as such in Indiana.

    Go to: Indiana Firearm FAQ

    I would say you would be best served by shipping to an IN FFL but that is up to you, obviously. :dunno:
     

    CountryBoy19

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    That's correct. You need a valid license to transport handguns in Indiana, and Indiana recognizes any government's firearms license, but the FOID is not a license. Federal Peaceable Journey MAY cover him if he's legal at his destination (such as a gun shop to sell his guns), but I wouldn't want to gamble on it.
    Wouldn't he be transporting them to a place of purchase or sale though? That would be exempt from carry statutes wouldn't it?
     

    Scutter01

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    Wouldn't he be transporting them to a place of purchase or sale though? That would be exempt from carry statutes wouldn't it?

    The law says FROM the place of purchase, not TO.

    (11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.

    I believe that he would *probably* be fine transporting to an FFL, although if he wanted to 100% compliant with both the spirit and the letter of the law he should ship. Or get a non-res permit from FL, UT, or PA... ;)
     

    Mr. Habib

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    Somewhere else
    The law says FROM the place of purchase, not TO.

    (11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.

    I believe that he would *probably* be fine transporting to an FFL, although if he wanted to 100% compliant with both the spirit and the letter of the law he should ship. Or get a non-res permit from FL, UT, or PA... ;)
    ^^^This^^^ The PA nonresident is only $26.00 and can be done though the mail. Mine only took about two weeks.
     

    OLDBULL57

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    I just spoke with the IN State Police Firearms reg. person. He basically said that IN does not recognized Ill F.O.I.D card as a legal proof of ownership. So that even unloaded, cased & not accesssable maybe cause for citation.

    He went on to say it could be up to the an LEOs discreation and MAYBE it would be a non-issue.

    So after getting a solid MAYBE-COULDBE-MAYBE....there's no way I'm driving
    firearms or ammo to an FFL in Indianna. ;)

    With a little more reseach it seems my Anti-Gun State is actually a little closer to the Consitution that your Pro-Gun State in this particual instence:

    Our state reguires, "When purchasing a handgun in Illinois there is a 72-hour waiting period after the sale before the buyer can take possession; the waiting period for a long gun is24 hrs."

    In 2011 in the case of People v Holmes, the Illinois Supreme Court ruled that a valid Indiana handgun carry permit was a legal substitute for an Illinois FOID for a Indiana traveler transporting a handgun in Illinois.

    I believe understand that a IN CCW holder can (after) our waiting period come here pick up weapons & ammo from a private citizen and "Transport" them per our reg. of unloaded , cased, not accessible.

    Now it all gets down to $$$ is it cheaper to ship 4 long guns, 2 handguns & 7000rds of ammo or to drive his car 340 mi. to pick-up? And who is willing to do what to make the deal happen. :D

     
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