Private transfers within a state?

[DukeMinski]

There is a similar thread started by "5of7" asking about private firearm transfers from state-to-state.
HOWEVER, my question is about transfers within a state.

Is the private transfer of a firearm within a state (in this case TN) regulated by State or Federal law?
For example, the gift of a firearm from one individual to another within the same state?

 

[Cholo]

It's fine as long as the person is of age and allowed, by law, to own guns.

 

[Bob Wright]

The laws vary by state. Concerning Tennessee, selling, trading, or gifts of firearms between individuals is legal and requires no paperwork.

The seller does have the responsibility to ascertain that the buyer is legally able to posess a firearm.

I have bought and traded at local gun shows. Perfectly legal.

Bob Wright

 

[rugerguy]

they can still be regulated , such as to age and if they have any criminal ( felony) ?? backgrounds...each state is different, so I would check with your state statutes, or contact your state attorney generals office, after all they work for you, so can give you the proper info...do not trust "free' legal advice over the internet,so maybe use one of the 'dot gov' type stuff and contact your particular state directly for any of their "revised codes".............I know of a couple of our adjacent states that have statutes in place for the "legal" transfer of firearms, mainly handguns.........here in Ohio ,not a major issue except for KNOWING who you may be selling or transferring to, and they are able to accept it.............good luck

 

[Xsales]

Here in AZ

Need to know they are
1) An AZ resident (must confirm)
2) At least 18 yrs old (must confirm)
3) Not prohibited (not required to ask)

Buy/Sell//give/barter all you want

 

[Montelores]

In CO, the law was changed last year.

Now, ALL transfers must go through a FFL.

Previously, private transfers/sales were not required to utilize a FFL.

And we have the 15-round maximum magazine capacity restriction.

Monty

 

[Busterswoodshop]

Here in AZ

Need to know they are
1) An AZ resident (must confirm)
2) At least 18 yrs old (must confirm)
3) Not prohibited (not required to ask)

Buy/Sell//give/barter all you want

There is no law in Arizona that say's " You must confirm " in a private party sale.
The law say's you can not " knowingly sell ".
If you sell to someone that is not legal to buy they are the one that committed a crime. Not you.
If you sell to them knowing they are illegal to purchase then you both committed a crime.

 

[RugerHound]

Here in AZ

Need to know they are
1) An AZ resident (must confirm)
2) At least 18 yrs old (must confirm)
3) Not prohibited (not required to ask)

Buy/Sell//give/barter all you want

There is no law in Arizona that say's " You must confirm " in a private party sale.
The law say's you can not " knowingly sell ".
If you sell to someone that is not legal to buy they are the one that committed a crime. Not you.
If you sell to them knowing they are illegal to purchase then you both committed a crime.

I agree with the statements above. We are compelled to ask for ID to ensure residency and age, but we aren't compelled to do criminal background checks for private sales.

 

[Xsales]

To

Here in AZ

Need to know they are
1) An AZ resident (must confirm)
2) At least 18 yrs old (must confirm)
3) Not prohibited (not required to ask)

Buy/Sell//give/barter all you want

"There is no law in Arizona that say's " You must confirm " in a private party sale.
The law say's you can not " knowingly sell ".

"I agree with the statements above. We are compelled to ask for ID to ensure residency and age, but we aren't compelled to do criminal background checks for private sales. Best regards, Pete""

So let me understand the word "compelled" as in an optional term
In a buy or sell then if one is only "compelled" then why bother at all asking for anything? If I do not know the buyer is underage (as I do not confirm his age) then why bother asking

Example: IF I am not "confirming" age or residency then I do not feel compelled to ask anything (as it is an option) I do not feel like asking to confirm residency nor age
As such you by way of the term "compelled" are saying inAZ we can sell to whomever.
"Well your honor I now understand the buyer WAS only 15 BUT he looked 18
& since I did not confirm his age I am not responsible"

" You see your honor I was not compelled to ask for AZ residency and I do now see he was an illegal Mexican cartel boss I sold the AK to, but I again I plead that I was not compelled to ask nor confirmed he was an AZ resident so don't hold me accountable"

Agree no background checks in PP sales but that is far different then confirming residency & age

"Your honor, I though he might be underage BUT I did not ask so I did not " knowingly sell " so I am not responsible"

AM I missing something here as BOTH responses seem to suggest there is no reason to ask nor confirm so it is a free for all ?

 

[Busterswoodshop]

You can spin it anyway you want but when it comes down to it there is nothing in the law that say's you " must confirm ".

 

[Xsales]

Arizona prohibits any person from selling or giving a firearm or ammunition or a toy pistol from which dangerous and explosive substances may be discharged to a person under age 18 without written consent of the minor’s parent or legal guardian.
1. Arizona law prohibits an unemancipated person under age 18 from knowingly carrying or possessing a firearm on his person, within his immediate control, or in or on a means of transportation, in any place that is open to the public or on any street or highway or on any private property (except private property owned or leased by the minor or the minor’s parent, grandparent or guardian). This prohibition does not apply if the minor is accompanied by a parent, grandparent, or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person’s parent or guardian.
2. Arizona places no additional restrictions on the purchase or possession of handguns, although federal age restrictions still apply.
See our Minimum Age to Purchase & Possess Policy Summary for a comprehensive discussion of this issue.
Ariz. Rev. Stat. § 13-3109(A). Ariz. Rev. Stat. § 1-215(22) defines “minor” as a person under 18. The prohibition under Ariz. Rev. Stat. § 13-3109(A) does not apply to the temporary transfer of firearms and ammunition by firearms safety instructors, hunter safety instructors, or competition coaches or their assistants, if the minor’s parent or guardian has given consent for the minor to participate in activities such as firearms or hunting safety courses, firearms competition, or training. Ariz. Rev. Stat. § 13-3109(C). With the consent of the minor’s parent or guardian, the temporary transfer of firearms and ammunition by an adult accompanying minors engaged in hunting or formal or informal target shooting activities is allowed for those purposes. [↩]
Ariz. Rev. Stat.§ 13-3111(A). This prohibition also does not apply to a person who is 14 to 17 years of age and who is:
Engaged in lawful hunting or shooting events or marksmanship practice at an established range or other area where the discharge of a firearm is not prohibited;
Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting;
Engaged in lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of a shooting event or marksmanship practice at an established range or other area where the discharge of a firearm is not prohibited; or
Engaged in an activity requiring the use of a firearm that is related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities. Ariz. Rev. Stat. § 13-3111(B). [↩]

I do not see anything about being "compelled" only in the verbage

I do see that one must know (aka confirm) they are AZ resident (as this implies in State selling private party) and at least 18 years old

So if I do not confirm they are 18 how do I know they are of legal age? and by default then I sold illegally to a minor

I would love to see this play out in a courtroom

 

[Xsales]

You can spin it anyway you want but when it comes down to it there is nothing in the law that say's you " must confirm ".

Not spinning anything

If you want semantics of the word "confirm" have at it, but you have to know age and residency and I use the word confirm this information

Without such, You are saying there is no law that you do not have to confirm or ask or request anything of the persons legal age or residency

Thus again I submit, a 16 year old California resident drives over, buys from you 3 AK47 or Ruger P95 or whatever, kills 3 people the next week

Lawyers find out YOU sold it to a NON-resident and Underage as well and you will tell the jury "Well AZ has no law that says I have to "comfirm" anything"??

Do you think the law protects this defense?
I hope you never find out

 

[Tweety Bird]

In CO, the law was changed last year.

Now, ALL transfers must go through a FFL.

Previously, private transfers/sales were not required to utilize a FFL.

And we have the 15-round maximum magazine capacity restriction.

Monty

Yeah, this shows that you need to know your state laws because they're not all the same. But private in-state transfers are not federally regulated.

I did a number of private transfers before CO changed its laws last year. Mostly it was me buying guns but I did do a few sales. I always insisted on seeing a valid CO driver's license to prove they were residents of our state.

I also always insisted on a bill-of-sale signed by both parties (hand-written was OK with me) to establish a date of ownership transfer. That was for my peace of mind only, and wasn't required by law. I think it's particularly important when you're the seller because you never know where that gun will end up after it leaves your safe.

Several years ago, I bought my Winchester 94 from a police officer who is now the Police Chief in Colorado Springs. He had no idea what the laws were concerning private transfers. Point is, just asking a cop on the corner what is legal may or may not bring the correct answers.

 

[rugerguy]

....as I noted above ,"'DO NOT accept any 'free' legal advice on the internet............." 8) :roll: :wink:

 

[SlickRS23]

At least you guys don't live in Cook County Illinois, which is Chicago and surrounding suburbs.
I took the following quote from an E-mail I received today from the Illinois State Rifle Assoc.
Seems the laws are always changing, Jeff


"Cook County has been trying to crush gun owners right s for years. Even after Illinois passed the Concealed Carry law which preempted local ordinances Cook County continued to pass ordinances in violation of state law and our Second Amendment Rights. For example:
*Cook County updated their semi-auto ban.
*Cook County enacted an ordinance that required every firearm transfer be recorded with the CooK County Sheriff's Office. This included the parties names, make, model, and serial number of the firearm. This is clearly registration.
Cook County's attitude is that if you want your rights, sue us for them."

 

[RSIno1]

Boy AZ has sure hijacked this thread about a question on TN.

 

[sourdough44]

I gave away a gun a few months ago, Winchester 190 22 semi-auto. It was within WI, I knew the family & had no qualms about it. Perfectly legal here.

 

[DukeMinski]

In agree RSIno1, interesting reading though.
Thanks to everyone for the input/feedback.