Private sales and registering, have the laws changed?

[IndyBeerman]

I say it again, Indiana has no gun registration,

He's probably thinking that a 4473 through a FFL is a registration.

 

[LarryC]

I was having a "discussion" with my buddy on Friday evening and the laws around private sales and registering came up. To my knowledge, private sales in Indiana are legal without having a FFL do the transfer so long as the buyer is able to own a gun in accordance with state law, and the seller has no reason to suspect otherwise. BOS's are used to help protect the seller in that aspect I believe.

Also, I've never known of Indiana requiring gun registration. Since all my gun purchases have been private sales, and unless the sellers have reported the BOS's for whatever weird reason to the state, the state has no records with my name and guns associated. And if a private sale occurs, I don't need to notify the state of said purchase and register my new gun.

My buddy claims all that false. That private sales have to be "supervised" or carried out by a FFL and I HAVE to register my guns due to federal, not state, law.

Now I am not a lawyer, and very far from it, but I did extensive research when making my first purchase some months ago and thought my train if thought to be correct. If someone can elaborate, correct or confirm anything I'd greatly appreciate it.

Tell your Buddy he is full of SHIX. There is absolutely no registration of any gun in the US (except maybe the tax stamps on MG's haven't checked that), In fact all records the BATF maintains regarding approval of gun purchases must be destroyed within (as I remember within 2 weeks of approval). The only records that may be kept are the gun sales of FFL DEALERS. I have a FFL 03 (collector) license, and must keep a "bound book" of transactions of Curio and Relic firearms ONLY. I do not list transactions of "modern" weapons. That book is only to be used for inspection purposes "While I hold my license". Once the license expires or I can elect to void it, the bound book can be destroyed. NO PERSONAL SALE of any firearm in Indiana except class 3 (MG, SMG, Silencers etc) require anything other than bill of sale or receipt (its not required but I would sure want a receipt) The only requirements are that you can't sell a handgun or long gun to anyone under 18 and you must not sell to anyone that you have "reasonable cause" to believe the person does not meet the legal requirements to allow them to possess a firearm (normally a Felon, Dishonorable discharge, Illegal drug user, buying for someone else "Straw purchase",(buying a weapon as a gift Is not a Straw Purchase unless you know the person is gifting the gun to an illegal person), etc.)

 

[gearhead101]

Thanks for the responses guys. I was pretty damn sure I was in the right but I like to be backed up when I'm questioned, especially about gun laws

 

[Kirk Freeman]

To my knowledge, private sales in Indiana are legal without having a FFL do the transfer so long as the buyer is able to own a gun in accordance with state law

And in accordance with federal law.

Here's where the confusion comes from *puts on tweed jacket with leather elbow patches*:

From 1974 to 1998 all handgun transfers in Indiana had to go through an FFL. The compliance rate for the law approached zero. It was abolished in 1998 with the implementation of the "instant" check from a dealer. The private sales requirement was abolished.

As this was the law for 25 years, many in the public, especially the guy who is causally into guns, believe that it is still the law. Or, it sounds like what the law should be because on Law & Order or BlueBloods they keep yammering on about "is the gun registered to him?"

There is absolutely no registration of any gun in the US

For clarification, several states mandate handgun and long gun registration. As you correctly observe, Indiana is not one of those states.

Some cities in Indiana DID have a voluntary handgun registration process. After discussions with City Attornies it is my understanding that this was done at the urging of the business community who way back when kept a "store gun" (especially banks) and would register the pistol(s) with the police for insurance purposes. As well, some large collectors also voluntarily registered collections for insurance or probate reasons.

 

[Libertarian01]

To Gearhead101 (et alia),

While what everyone else said is true regarding "there is no gun registration in Indiana" there is a small caveat to this.

I have my C&R, an FFL03. This gives me and any dealer I buy from a much easier time with paperwork when I purchase a C&R firearm.

HOWEVER, whenever I purchase a C&R qualified firearm I must record some info on the weapon ALONG WITH the name and address of who I purchased from. This is to comply with Federal law.

Should I wish to purchase a new production (say approx 1960+) firearm I must jump through all of the hoops just like anyone else when buying from an FFL01, or NO HOOPS in a private sale.

The same goes with selling one of my C&R firearms. If I sell any weapon I acquired with my C&R license I must record the firearm and the person & address I am selling to.

I bring this up just to point out that someday should you try to buy or sell a very old firearm with someone like me who will need to get basic info to remain in compliance with Federal regulations.

Regards,

Doug

 

[loudpedal]

Invite your buddy to join INGO and we will tell him that there is no firearms registration in Indiana (as far as I know.) Then we will give him a keyboard lashing that he will never forget.

 

[Jack Burton]

When somebody quotes what they believe is the law I always just ask for a legal cite. If they can't produce it, then I just ignore what they said (if it goes against the grain of common sense, that is.)

 

[Timjoebillybob]

1. There is no gun registration in Indiana so there is no way to do what he is saying.

But as to the statement your buddy was saying. He is simply wrong.

Actually there is gun registration in IN. There are some PD/SD that will register your firearm if you wish. It is not required but some of them recommend it in case your firearm is "lost or stolen".

Tell your Buddy he is full of SHIX. There is absolutely no registration of any gun in the US (except maybe the tax stamps on MG's haven't checked that), In fact all records the BATF maintains regarding approval of gun purchases must be destroyed within (as I remember within 2 weeks of approval). The only records that may be kept are the gun sales of FFL DEALERS. I have a FFL 03 (collector) license, and must keep a "bound book" of transactions of Curio and Relic firearms ONLY. I do not list transactions of "modern" weapons. That book is only to be used for inspection purposes "While I hold my license". Once the license expires or I can elect to void it, the bound book can be destroyed. NO PERSONAL SALE of any firearm in Indiana except class 3 (MG, SMG, Silencers etc) require anything other than bill of sale or receipt (its not required but I would sure want a receipt) The only requirements are that you can't sell a handgun or long gun to anyone under 18 and you must not sell to anyone that you have "reasonable cause" to believe the person does not meet the legal requirements to allow them to possess a firearm (normally a Felon, Dishonorable discharge, Illegal drug user, buying for someone else "Straw purchase",(buying a weapon as a gift Is not a Straw Purchase unless you know the person is gifting the gun to an illegal person), etc.)

So much fail so little time.....
There is mandatory gun registration in the US not at the federal level except for as you mentioned full auto and a few others such as SBS, SBR, AOW, destructive devices, suppressors. But there are several states that do require registration and other states/localities that require you register your carry pistol or submit it and it's serial number for a "safety check".

BATFEces does not do the nics check the FBI does and yes they are supposed to destroy the record of such within a certain period of time. What BATFEces is not required to do is destroy the notices they get when a person buys more than one handgun within 7 days from the same gun shop or long guns from some southern states. I don't know about FFL 03 C&R requirements but for dealers they are required to keep the records for iirc 7 years and if they go out of business they are required to send their record to BATFEces who can keep them as long as they like.

Also please cite where you can't sell a firearm to someone under 18 in a personal sale. To the best of my knowledge you can, but with higher restrictions.

 

[HoughMade]

These are the only discussions about law I enjoy anymore. I'm just sitting back and watching.

 

[IndyDave1776]

These are the only discussions about law I enjoy anymore. I'm just sitting back and watching.

Come on. Tell us the truth. You're sitting back laughing!

 

[srandrews80]

So i will revive a dead thread. I just purchased my first used gun from a private sale. I have a valid indiana ltch, is it legal for me to carry the gun?

 

[jetmechG550]

So i will revive a dead thread. I just purchased my first used gun from a private sale. I have a valid indiana ltch, is it legal for me to carry the gun?

Yes why wouldn't it be?

 

[srandrews80]

Yes why wouldn't it be?

I thought i read that i could only carry guns that were "in my name", when i was reading through stuff for my LTCH

 

[nomadicmutt]

Nope.

... Out of curiosity, did you read the thread?

 

[45acp223]

 

[IndyS3]

Wow...

 

[KW730]

I thought i read that i could only carry guns that were "in my name", when i was reading through stuff for my LTCH

There are no guns in your name, or anyone else's name within this state.

 

[JetGirl]

I thought i read that i could only carry guns that were "in my name", when i was reading through stuff for my LTCH

There. Is. No. Registration. In. The. State. Of. Indiana. Period. Dot. Com.

 

[Slawburger]

There. Is. No. Registration. In. The. State. Of. Indiana. Period. Dot. Com.

Period, quoted, underlined, italicized.


There are no fish under the ice there.

 

[JettaKnight]

I thought i read that i could only carry guns that were "in my name", when i was reading through stuff for my LTCH

Pray tell, what is this "stuff" you were reading. It certainly wasn't the Indiana code of law. Nor was it the INGO FAQ.