From: wwarf@silver.ucs.indiana.edu (Wayne J. Warf)
Newsgroups: talk.politics.guns
Subject: Re: Interstate Gun Sales By Individuals (Was: "out of state" sales?)
Date: 11 Dec 92 18:50:21 GMT
Organization: Indiana University

In article <1992Dec11.132406.29255@magnus.acs.ohio-state.edu> bobd@marune.acs.ohio-state.edu (Bob DeBula) writes:
>In article <Bz26n6.7KM@usenet.ucs.indiana.edu> wwarf@silver.ucs.indiana.edu (Wayne J. Warf) writes:
>>
>>It is a crime subject to the full penalties of the GCA of 1968 to
>>make a false statement to an FFL dealer in order to illegally obtain
>>a firearm <see GCA sec.922 (a)(6)>. The states must be contiguous
>>and follow the laws of both states for legal interstate sale 
>><see GCA sec. 922 (b)(3)>. It is also illegal for dealers
>>to sell to anyone they "know or have reason to believe" is
>>a person disabled from firearm ownership. The 4473 has a
>>section for the dealer to list how the person buying the
>>firearm identified themselves, there a two ways: the person
>>is personally known to the dealer, or the person has presented
>>ID, the type and number of which is to be recorded.
>>
>
>Yes, but the questions I asked were specifically about *individual* sales,
>*not* sales involving FFLs. The rules and information concerning FFL sales
>are pretty straight forward, but I've never seen their like for
>sales between non-FFL individuals. Does any such documentation
>exist? Please check my previous post for my original questions
>in the light of transactions between individuals and see if
>they can be as readily answered as they can for FFL holders.
>
>I know from your post that you are trying to be helpful, but FFL
>based responses aren't really relavant to the discussion/questions
>at hand. I guess the scary thing is that, according to the
>responses I've received thus far,  *noone* seems to know
>the answers to these questions about the responsibility of the seller
>or buyer during individual sales. The other scary thing is I'm sure a 
>*lot* of folks who read this group have probably participated in
>sales between individuals.
>-- 
I didn't see your original, GCA sec 922 (a)(2) that it is explicitly
illegal for ANY PERSON to deal in firearms in interstate or foreign 
commerce without a license. You can buy from DEALERS in contiguous
states but you may engage in interstate sales between individuals.
The 1968 Omnibus Crime Control and Safe Streets Act makes it a felony
for a prohibited person as defined in the Act to receive, possess or
transport a firearm. GCA sec 922(a)(5) makes it unlawful for ANY PERSON
to transfer a firearm to someone they have reason to believe resides
outside their own legal state of residence. 

In other words, if you know or have a good indication that your buyer
either resides in another state or is a prohibited person, it's on the
both of you. If you're deceived, it's on the buyer. It's ridiculous to
insist that these are questions that no one knows the answers to or
that the questions are even unique. The same questions come up every
day.


-- 
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 | Wayne J. Warf -- WWARF@ucs.indiana.edu -- I speak for myself only  |
 | Midterm Countdown-Bill and the Congress have to '94 to screw it up |
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