Private party gun transactions

[JackJohnson]

I have a question.

If a out of state gun owner in Utah wants to give or sell the gun to a Illinois resident who has a FOID card, does the gun have to be registered with the state of Illinois?

I understand that there owner and seller need to have a bill of sale.

Thanks in advance

 

[ScottMac]

Illinois does not (yet) require gun registration. Some cities (*cough*Chicago*cough*) do.

Generally speaking, it it usually desirable to have an FFL / gun shop do an official transfer ( Form 4473 - Form 4473 - Wikipedia, the free encyclopedia ) to cover the transaction. It protects the seller, showing they are no longer responsible for the weapon, and that it was sold to someone legally eligible (i.e., IL FOID card carrier). It also protects the buyer as a demonstration that the firearm was purchased from a legal source (i.e., not a "street corner transaction").

 

[JackJohnson]

Thanks ScottMac,

If the person is a friend of the family I wouldn't think the 4473 is needed. Who would get the copy of the 4473 anyway, the state? Then the gun would be indirectly registered.

 

[melow]

Here is a link to the rules as Illinois views them for firearm transfers - http://www.isp.state.il.us/docs/9-049.pdf

Just be sure to follow the laws in your state for firearm transfer so you don't run afoul of state and federal statues. If in doubt, contact the ATF and state police for guidance.

 

[ScottMac]

I believe the 4473s are kept by the dealer, to be available in the event of a lawful request by a qualified agency.

 

[4rd4x4truck]

ScottMac is correct. I had a Missouri FFL gun store owner tell me the same thing . [4473s are kept by the dealer]

 

[NavyLCDR]

Thanks ScottMac,

If the person is a friend of the family I wouldn't think the 4473 is needed. Who would get the copy of the 4473 anyway, the state? Then the gun would be indirectly registered.

The firearm must be transferred through an FFL and the form 4473 in order to comply with Federal law. If the Utah resident gives or sells the gun to an Illinois resident without transfer through an FFL both parties commit Federal felonies. Do you really want to do that?

18 USC 922 (a)(3) and (a)(5) are the Federal laws that would be violated.

Illinois does not (yet) require gun registration. Some cities (*cough*Chicago*cough*) do.

Generally speaking, it it usually desirable to have an FFL / gun shop do an official transfer ( Form 4473 - Form 4473 - Wikipedia, the free encyclopedia ) to cover the transaction. It protects the seller, showing they are no longer responsible for the weapon, and that it was sold to someone legally eligible (i.e., IL FOID card carrier). It also protects the buyer as a demonstration that the firearm was purchased from a legal source (i.e., not a "street corner transaction").

It would also make the transfer legal and comply with Federal law rather than causing two separate felonies from being committed.

 

[warcraftjs]

The firearm must be transferred through an FFL and the form 4473 in order to comply with Federal law. If the Utah resident gives or sells the gun to an Illinois resident without transfer through an FFL both parties commit Federal felonies. Do you really want to do that?

18 USC 922 (a)(3) and (a)(5) are the Federal laws that would be violated.



It would also make the transfer legal and comply with Federal law rather than causing two separate felonies from being committed.

The only way to get around the transfer though a FFL is if both persons is from the same state. Then it would just be a "Bill of Sale" type thing.

Other wise transfer though a FFL.

In the end it doesn't matter that the persons are family. Gov wants there Fee.

 

[ScottMac]

The firearm must be transferred through an FFL and the form 4473 in order to comply with Federal law. If the Utah resident gives or sells the gun to an Illinois resident without transfer through an FFL both parties commit Federal felonies. Do you really want to do that?

18 USC 922 (a)(3) and (a)(5) are the Federal laws that would be violated.



It would also make the transfer legal and comply with Federal law rather than causing two separate felonies from being committed.

I suspected there was a federal law / requirement, but wasn't sure. Thanks for filling that in.

 

[rogrrr]

I've heard of people receiving a postal money order and then simply mailing, FREDEXing or UPSing said machine part with some wooden furniture directly to the recipient.

Why would anyone want to put a perfectly good piece of machinery on some government watch list ?

Just sayin'....

I have a question.

If a out of state gun owner in Utah wants to give or sell the gun to a Illinois resident
SNIP

 

[NavyLCDR]

I've heard of people receiving a postal money order and then simply mailing, FREDEXing or UPSing said machine part with some wooden furniture directly to the recipient.

Why would anyone want to put a perfectly good piece of machinery on some government watch list ?

Just sayin'....

Maybe to keep themselves out of a Federal penitentiary for violating the Federal Gun Control Act and US Postal Regulations? Just sayin'.

 

[dbrow6272]

Government watch list? What? Guess we are all on that list, and if I am I don't care. They can have my guns when they pry them from my cold dead hands!

 

[rogrrr]

So, db
What are you going to do WHEN, not IF, they come for your guns ?

Just askin'....


I think you'll be one of those being incarcerated and/or incinerated.

Been nice knowin ya

Just sayin'....

Government watch list? What? Guess we are all on that list, and if I am I don't care. They can have my guns when they pry them from my cold dead hands!