So if someone lives in Texas and goes to the Wanenmacher's Gun Show in Tulsa, OK. this November and buys a Shotgun or Rifle (not a pistol) from a private party is this a cash & carry transaction or is a 4473 necessary?

Asking for a friend.

I think your friend can purchase out of state, but it will have to be shipped to a FFL in Texas. That means 4473.

So much for the "United" States of America.

Amazing how all those 4473 forms end up in a national database....that Federal law says they are not supposed to keep or
have but they do it anyway. Ahhh the ATF

I'm talking about a gun show in Oklahoma and the gun is purchased as a FTF transaction. I give money for the gun and walk away with the gun, but live in Texas.

Right - I got that angus - I'm replying as you said - FTF cash transaction, but the firearm still has to be shipped back to an FFL in Texas. That's because you are an out of state resident (from Ok).

** Wait a sec, you wrote "from a private party". I think your friend is ok, but I'm no lawyer.

I always thought long guns could be legally bought and brought across state lines, but handguns had to be transferred through an FFL.

How would anyone know?

I went to this show about 10 years ago with a family member and we both live in TX. The family member was looking for an Over/Under from a private sale and it was our understanding that we were able to buy any long gun from a private sale without the need of a 4473. It was also out understanding that we could not buy a handgun since we were not OK residents even from a FFL. But as BigBob said if it’s a private sale how would anyone know.

Yes you may buy a long gun privately out of state, have done it before unless laws have changed.
Pistols must be shipped to a firearm dealer and go through the check, 4473.

I need to go to that show. bet I could find a gem or three

Cash and carry for me. Long guns only though.

Sounds like your friend just needs to strike a deal out in the parking lot.........just sayin'.

18 u.s. code 922(a)(3) and 922(a)(5)

From the ATF FAQ site.

4. May I lawfully transfer a firearm to an individual who resides in a different State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an
individual who does not reside in the State where the transferee resides. Generally, for a person
to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must
be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or
she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a
NICS background check. More information can be obtained on the ATF website at www.atf.gov
and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception
from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For
example, a friend visiting you may borrow a firearm from you to go hunting. Another exception
is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition
by intestate succession. This exception would authorize the transfer of a firearm to a nonresident
who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. §
922(a)(5)(A).

It's a cash & carry as long as you are buying from a private party. I am an FFL, but I display my items at Tulsa as "Private Collection" which, they are.

Angus,
You are correct. The other rulings cited above pertain to dealers, which you are not. It's what the liberals call "the gun show loophole." As long as it's a long gun. Handguns are a different story.

illegal to go to another state and purchase firearms,

Incorrect

I will do my best to answer your question as simple as I can with references.

FTF transfer of a firearm by an unlicensed resident of one state to an unlicensed resident of another state is a Felony. Risk to benefit especially being a gun show is it worth risking being caught in an ATF sting? In all the years I have been a mod I know we have had to deal with a couple Oklahoma residents posting here trying to do FTF transfers over state lines almost catching another member in a Felony by telling them it is legal to do so. It is not legal. Unlicensed to unlicensed across state lines FTF or shipped unlicensed to unlicensed across state lines are both NOT legal.

Unlicensed person transfer of firearm to unlicensed resident of same state.
Yes
Unlicensed person transfer of firearm to unlicensed person who resides out of state.
No
Unlicensed person transfer of firearm to unlicensed person who resides out of state by shipping to FFL within the transferee's state of residence.
Yes


To whom may an unlicensed person transfer firearms under the GCA?
A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

Last Reviewed January 30, 2020



Transferring/Shipping/Possession of Firearms:
4. May I lawfully transfer a firearm to an individual who resides in a different State?
What if the individual resides within the same State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an
individual who does not reside in the State where the transferee resides. Generally, for a person
to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must
be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or
she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a
NICS background check. More information can be obtained on the ATF website at www.atf.gov
and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception
from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For
example, a friend visiting you may borrow a firearm from you to go hunting. Another exception
is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition
by intestate succession. This exception would authorize the transfer of a firearm to a nonresident
who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. §
922(a)(5)(A).

Incorrect. If that were true, you & the dealer would be committing a federal crime by ordering guns online.

FFL transactions are not the same as an unlicensed person to person. Two different sets of rules, the onus falling on an FFL. Person to person, no matter where each may reside, is personal business.

A transfer, by ATF definition, is the mailing/shipping of a firearm to another individual of a different state. You CANNOT do that legally without involving an FFL dealer.

You can get in your car with said firearm, drive to another state and sell or give that gun face to face to the other person without authorization from anyone. If this were illegal at Tulsa, the ATF would have cause to arrest everyone in the building.