rotarymike
Well-Known Fanatic
Be extra sure that if you have a gun on Armslist or Gunbroker that you know the rules on selling intrastate (ie, generally, that it has to go through an FFL on their end).
What constitutes intrastate? Selling to a resident of another state. Citizenship and residency of a state is a term of art for lawyers; it is one part of what is called being 'domiciled' in a particular state. Here, the specific use of the term is to imply that a person is either a citizen of your state, or not. If they are not, then selling a gun to them is 'intrastate' and not allowed for a non-licensee (ie, non-FFL). Be very sure of your buyer's state of residence. Seeing a driver's license wouldn't hurt. Voter registration card as well would be good. Neither is conclusive as to residency, but both support a reasonable inference of residency.
Reason I post this:
I've got a few things on Gunbroker. For the most part, stuff I've had on gunbroker that needed to go through an FFL was not an issue.
This time, I got a request from someone, generic ISP email address, saying "he'd be down in Pawley's Island and would like to pick up the item in person." Something sounded off, so I told him sure, if he's a SC resident with ID.
Then he responds that he has a SC out-of-state carry permit (wtf is that anyway?) or would I prefer proof he owns property here in SC. This time, I directly ask if he's a resident of SC. Tell him if not, then we need to go through an FFL.
Next response is trying to pressure me to sell because the gun ban being abandoned will mean prices will go down, etc. and some BS about tax assessors and out-of-state citizens getting SC permits because they own property here (which may be true, as far as it goes). NOTE: 18 U.S.C. 922 DOES NOT HAVE EXCEPTIONS for CWP holders or the like. FFL or no FFL is the only distinction made.
My last response was that I'd pass on the sale, that I wasn't interested in committing a felony.
His response: Don't blame you.
He never admitted to being from another state. He never said he was a SC resident. He DID strongly imply that he was NOT a resident. After three rounds of email with me telling him what the law was, offering to send it to an FFL in his state, etc. and he pushing for a f-t-f transfer I just didn't want to deal with the potential for bad, and told him no.
Did some checking on the email address. It's a spoofed email so it looks like it's coming from an individual on Verizon, but being relayed by Yahoo Mail servers, and encoded with MS Exchange Server MIME. Hardly anyone uses MS Exchange Server at home. Companies do. Government offices do.
So do I know for sure it was a LEO, fishing for an illegal gun sale? No. But if it looks like a duck, quacks like a duck, etc...
What constitutes intrastate? Selling to a resident of another state. Citizenship and residency of a state is a term of art for lawyers; it is one part of what is called being 'domiciled' in a particular state. Here, the specific use of the term is to imply that a person is either a citizen of your state, or not. If they are not, then selling a gun to them is 'intrastate' and not allowed for a non-licensee (ie, non-FFL). Be very sure of your buyer's state of residence. Seeing a driver's license wouldn't hurt. Voter registration card as well would be good. Neither is conclusive as to residency, but both support a reasonable inference of residency.
Reason I post this:
I've got a few things on Gunbroker. For the most part, stuff I've had on gunbroker that needed to go through an FFL was not an issue.
This time, I got a request from someone, generic ISP email address, saying "he'd be down in Pawley's Island and would like to pick up the item in person." Something sounded off, so I told him sure, if he's a SC resident with ID.
Then he responds that he has a SC out-of-state carry permit (wtf is that anyway?) or would I prefer proof he owns property here in SC. This time, I directly ask if he's a resident of SC. Tell him if not, then we need to go through an FFL.
Next response is trying to pressure me to sell because the gun ban being abandoned will mean prices will go down, etc. and some BS about tax assessors and out-of-state citizens getting SC permits because they own property here (which may be true, as far as it goes). NOTE: 18 U.S.C. 922 DOES NOT HAVE EXCEPTIONS for CWP holders or the like. FFL or no FFL is the only distinction made.
My last response was that I'd pass on the sale, that I wasn't interested in committing a felony.
His response: Don't blame you.
He never admitted to being from another state. He never said he was a SC resident. He DID strongly imply that he was NOT a resident. After three rounds of email with me telling him what the law was, offering to send it to an FFL in his state, etc. and he pushing for a f-t-f transfer I just didn't want to deal with the potential for bad, and told him no.
Did some checking on the email address. It's a spoofed email so it looks like it's coming from an individual on Verizon, but being relayed by Yahoo Mail servers, and encoded with MS Exchange Server MIME. Hardly anyone uses MS Exchange Server at home. Companies do. Government offices do.
So do I know for sure it was a LEO, fishing for an illegal gun sale? No. But if it looks like a duck, quacks like a duck, etc...
