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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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With reference to U.S. Code TITLE 18 PART I CHAPTER 44

Resolved Question:

With reference to U.S. Code TITLE 18 > PART I > CHAPTER 44 > § 922 > (3).

With the section below:

... any person ... to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State ...


Question = Does this inability to transport an out of state purchased handgun apply to a private face to face gun trade?

It the code is not clear, where it does not make a provision for Federal Firearm License holders to perform these shipments.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 3 years ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

Could you please clarify your situation? This section of the code is meant to stop those without a license from importing firearms into a state that were purchased out of state.

Customer:

my question is specific to a private party trading a handgun with another private party, where both are from other states. does us code apply?

Customer:

specifically, person A with gun X from Oregon goes to Washington and trades gun X for gun Y with person B from Washington ...

Michael J, Esq. :

Thank you.

Michael J, Esq. :

No, this doesn't apply. The section you referred to specifically outlaws the importing of a purchased firearm from one state to another. You did not purchase the firearm in the outside state.

Customer:

So as long as money was not transfered in the transaction, then this does not apply?

Customer:

specifically, if I only gave money to the person for the gun they owned in another state, that would be different?

Michael J, Esq. :

Here is the text you are referring to:

Michael J, Esq. :

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State,

Customer:

correct

Michael J, Esq. :

As you can see, it precludes the transfer of "any firearm purchased or otherwise obtained outside the state"

Michael J, Esq. :

Your firearm was not purchased or obtained outside the state.

Customer:

so a private party transfer of money for a handgun does not fall under the term purchase?

Customer:

it just sounds similar, so it confuses a lot

Michael J, Esq. :

I didn't say that. I said the specific statute you are referring to bars importing a firearm which you either 1) purchased out of state, or 2) obtained out of state

Michael J, Esq. :

that is not the case here from your stated facts.

Michael J, Esq. :

It may fall under another provision of the US Code. I am simply stating that it does not appear to fall under this one.

Customer:

thanks for the clarification. the implication of importing (i.e. movement across country boundaries such as canada to usa) rather than state to state importing is not familiar. is the appropriate term for a private party trade just "trade"? the specific use of "purchase", "otherwise obtained" and "import" are clear. This matches what a local police friend shared too

Michael J, Esq. :

I would say that is correct. However, take note of this section:

Michael J, Esq. :

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

Michael J, Esq. :

This would seem to apply to your situation.

Customer:

so that means that I can not trade a handgun with a person from Washington in the state of Idaho ... is that how I read that?

Michael J, Esq. :

It seems to make it specifically legal for the transferor.

Michael J, Esq. :

illegal, I'm sorry.

Michael J, Esq. :

Yes, that is how I read it.

Michael J, Esq. :

The legality of your trade is brought into serious question based on #5.

Customer:

i see

Michael J, Esq. :

I hope this is helpful and that I answered your questions.

Customer:

thanks!

Customer:

yes you have. just need to determine next steps

Michael J, Esq. :

I wish you the best of luck in 2011! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.


 


 


 


Regards,


 


 


 


Michael

Michael J, Esq. :

Sorry that came out strange.

Michael J, Esq. :

If not, I wish you the best of luck in 2011! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.


 


Regards,


 


Michael

Customer:

available for one more clarification? For section 5.A: the transfer ...of a firearm made to carry out an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence ... what is being implied by "acquisition by intestate succession"

Michael J, Esq. :

Sure, let me look at that a moment.

Michael J, Esq. :

Intestate succession is when a person dies without a will and their property is transferred to the heirs.

Michael J, Esq. :

That section doesn't apply, unfortunately. :)

Customer:

ok thanks

Michael J, Esq. :

Sorry about that. Hopefully I was of some help. Don't forget to press ACCEPT if you found my information helpful!

Michael J, Esq. :

Have a good one.

Customer:

I appears the only recourse if a trade occurred is to coordinate with appropriate FFL's from the residing states to make the transfer between themselves and then subsequently the resident. correct?

Michael J, Esq. :

Seems to be the way to go, but I can't comment on the legality of that specific situation. I would consult a local attorney before making any purchases, trades between states.

Customer:

thanks

Michael J, Esq. :

NO problem.

Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
Michael J, Esq. and other Criminal Law Specialists are ready to help you

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