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It has to go through a Utah FFL holder. Under federal law, a private transfer is permitted only when both persons are legal residents of the same state. If they are residents of different states, then the firearm must be shipped to a licensed dealer in the transferee's (buyer's) state. Note that an FFL holder may acquire a firearm from any person in any state, the seller does not need to have a dealer in his state ship it. Here is the explaination directly from ATF: A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or 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)(3) and (5), 922(d), 27 CFR 478.29 and 478.30] Note to Glacierwolf, where in the U.S.C. or in ATF's regulations is this special exemption for FFL's near the border of two state to allow them to sell guns to people in either state? What is the legal definition of near the border? You have mentioned this mysterious, secret "exception" a few times. The only thing I can find in reading the statutes is that a dealer may sell a long gun to a resident of any state as long as all state laws are followed in both the state where the sale takes place and the state where the buyer resides. Anything other than a long gun (receiver, pistol grip only shotgun, or handgun) must be shipped to an FFL in the buyers home state, no exceptions. This is clearly spelled out in 18 U.S.C. 922(b)(3) and I cannot find any other section that grants an exception or waiver.
You can but it has to go through an FFL in Utah. Private sales are only legal without a background check if the sale is in person and you are residents of the same state. You are not. Even if it is a face to face transfer they are still an out of state resident. It has to be shipped to an FFL in there state from an FFL in your state. And since you know and have posted it here you cannot feign ignorance if you get caught.
The important reason which you will no longer purchase a gun in Doraville or Doraville or the different state for that remember is it particularly is a Federal regulation that's effective to be an area of abode of the State you purchase in. Like roadhazza pronounced you've gotten a broker in yet another state deliver to a broker right here and conflict through this states regulations and registrations for the firearm.
The short answer is yes. Pistols should be purchased while in the state of residence. Generally - sales of new pistols to non-residents are not allowed unless the store has an exemption....... you see this in gun stores and shops that are really close to another state's border. A non-resident can buy a pistol in a private sale if the firearm meets the requirements of the home state. (example - A California resident cannot buy a standard Walther P22 and bring it back to Doraville - he needs the Doraville approved model) A resident - you - can sell a pistol to a non-resident providing the buyer meets the minium age requirement of both states and the sale does not violate any local ordnances or laws in each state. Lots and lots of pistols are sold each day in private sales. On military bases - we buy, sell and trade amoung people from all over the US of A. It's not a biggie...... of course..... we know our fellow service members are not felons or ax murderers.
Sure. Ship it to a FFL in Doraville and have the guy do a background check there and pick up the gun if he gets a proceed.
In a face to face situation where neither one of you is involved in retail gun sales, maybe. In any other situation, I wouldn't do it. There are just too many ways something like that can come back to bite you. Unless you know this person personally and trust them implicitly, sell the gun at your local gun shop on consignment. If this guy uses the gun to commit a criminal act you can be held legally liable as a well.
If it's a face to face sale there shouldn't be any problems. If you're shipping it to him it needs to go to an FFL.