Buying a gun from South Dakota

[codyw80]

Do I have to go through a FFL if I wanted to buy a gun from my Brother in SD or can i just pick it up?

[rockcreek]

If it crosses state lines you need to go through an FFL.

[codyw80]

Ok thanks

[george]

Should, yes, If it is a long gun it will depend on the state law, hand guns must be sent to a FFL and a 4473 done.
Mn. allows long gun sales to out of state Res. but it must have a 4473 done by a FFL in the state of purchase, meaning Mn.
Find out about SD. and you may be able to pay the fee to the FFL at your brothers. (if it's a long gun)
I would recommend your brother call and ask a local FFL.

[bpacman]

Are you guys sure about this? Doing a person to person sale of a gun requires an FFL? What if it was a present? I wouldn't go through the trouble.

Bp

[Pezhead]

Are you guys sure about this? Doing a person to person sale of a gun requires an FFL? What if it was a present? I wouldn't go through the trouble.

Bp

It's from a different state. If your both residents of the same state it's ok.

[xd ED]

Are you guys sure about this? Doing a person to person sale of a gun requires an FFL? What if it was a present? I wouldn't go through the trouble.

Bp

Sale/ gift/ barter/ trade = transfer... a change in ownership. For handguns at least, has to go to an FFL. Not up on long gun rules.

[codyw80]

Thanks for the advise guys. This would be a long gun.

[45Badger]

Any gun transfer across state lines requires the services of an FFL.

If I had a brother and we were doing it FTF, I 'm not sure I would bother. But I ran with scissors in third grade so take it for what it's worth

[cobb]

I called the ATF years ago because of the following scenario and posed this question. If my father-in-law that lives in another state has a handgun, can I legally acquire it from him without going through an FFL? From what I remember, again this question was asked many years ago and a different person asking a different ATF agent the same question may get a different version of an answer. If I remember correctly, it could be gifted to me across state lines because I was a relative and as long as both parties could legally own this handgun and no money changed hands. So if I went to his state and paid any money, it was a violation of federal law. If he brought the handgun to Minnesota and I paid him any money, it was again in violation of federal law.

Again, I may be remembering this very wrong, the ATF agent I talked to could be totally misinterpreting the law, so be carfull.
I just tossed this out for discussion.

[AFTERMATH]

Last time I read the regs on a similar issue, the answer was no.

In fact, you can't even borrow a gun to a resident from another state, unless you are present.
The definition of transfer, includes the loaning of a firearm to another party when the owner is not present.(rough translation from legaleeze.)
I believe it was right in the FAQs of the ATF website.

[jspace]

Last time I read the regs on a similar issue, the answer was no.

In fact, you can't even loan a gun to a resident from another state, unless you are present.
The definition of transfer, includes the loaning of a firearm to another party when the owner is not present.(rough translation from legaleeze.)
I believe it was right in the FAQs of the ATF website.

Last time I read the regs on a similar issue, the answer was no.

In fact, you can't even borrow a gun from a resident from another state, unless they are present.
The definition of transfer, includes the loaning of a firearm to another party when the owner is not present.(rough translation from legaleeze.)
I believe it was right in the FAQs of the ATF website.

Fixed it.
I had to read that sentence a few times to get it.

[Rem700]

Last time I read the regs on a similar issue, the answer was no.

In fact, you can't even borrow a gun to a resident from another state, unless you are present.
The definition of transfer, includes the loaning of a firearm to another party when the owner is not present.(rough translation from legaleeze.)
I believe it was right in the FAQs of the ATF website.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:

(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and

(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

[AFTERMATH]

Last time I read the regs on a similar issue, the answer was no.

In fact, you can't even loan a gun to a resident from another state, unless you are present.
The definition of transfer, includes the loaning of a firearm to another party when the owner is not present.(rough translation from legaleeze.)
I believe it was right in the FAQs of the ATF website.

Last time I read the regs on a similar issue, the answer was no.

In fact, you can't even borrow a gun from a resident from another state, unless they are present.
The definition of transfer, includes the loaning of a firearm to another party when the owner is not present.(rough translation from legaleeze.)
I believe it was right in the FAQs of the ATF website.

Fixed it.
I had to read that sentence a few times to get it.

I had to write it a few times before even I was able to get it... Yeah, you wrote it better.

I guess, I might have missed a provision.... Still not entirely sure how to interpret it.
http://ecfr.gpoaccess.gov/cgi/t/text/te ... 2.3.3.1.10 This is the one I was reading... Which I didn't notice but should have known it would be webbed in with fifteen gazzillion other statutes.... But it does appear that temporary loan for sporting purposes is legal federally.
Still, the OP's answer is no - from what I can gather. Unless of course his brother wills him the firearm...

[jspace]

I was just pointing out poor grammar.
People confusing borrow/loan drives me nuts.
http://www.elearnenglishlanguage.com/difficulties/borrowlendloan.html