Originally posted by 1SawSomeThings
reply to post by downisreallyup
OK I'll give you one more break, since you guys may speak a little different version of "the Queen's" English down there. I'll put the relevant
sections in bold. A "person" is talking about "unlicensed person" (meaning no FFL license) in the question line. You must be thinking of licensed
as in "can own a firearm" like where you live. Here, one "person" can sell to another "person" from the same state.
From the BATF website:
Q: To whom may an unlicensed person transfer firearms under the GCA?
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]
Again here's the link:
BATF Website regarding unlicensed (no FFL) transfer
And if you wan't to become "more" of an expert on U.S. gun laws:
National Rifle Association Institute for Legislative Action
Given you're not from here (as I assume from your profile), calm down and don't derail the thread when you don't understand our laws.
Edit to add:
You do know we're talking about the United States of America, Texas, right?
[edit on 19-1-2010 by 1SawSomeThings]
Actually, I'm well-versed in U.S. law, but I will not tell you why that is. I wouldn't make the assumption that just because a person resides in
another country that they were born or raised there. That would be quite an erroneous assumption indeed.
Assuming that the flyer was indeed legitimate (which is an assumption), it is clearly ONLY referring to "anyone selling firearms at this location."
The phrase "at this location" is what is key, because that location was a gun show, and people selling guns there were considered to be vendors.
Here are the actual requirements of the FFL:
Acquiring from dealers
Provided that federal law and the laws of both the dealer's and purchaser's states and localities are complied with:
* An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual's state of
* An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state. However, the applicant
may not purchase a pistol gripped long gun that does not have a shoulder stock until he or she is 21 years of age.
* It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm unless the
federal firearms licensee receives notice of approval from a prescribed source approving the transfer.
* Sale of a firearm by a federally licensed dealer must be documented by a federal form 4473, which identifies and includes other information
about the purchaser, and records the make, model, and serial number of the firearm. Sales to an individual of multiple handguns within a five-day
period require dealer notification to the Federal Bureau of Alcohol, Tobacco and Firearms. Violations of dealer record keeping requirements are
punishable by a penalty of up to $1000 and one year's imprisonment.
* An individual holding a Curio and Relics License (officially a Type 03 Federal Firearms License (FFL); also called a C&R) may directly
purchase firearms that are 50 or more years old from anyone AND any firearm officially recognized by the BATFE as a Curio and Relic (C&R). 
Sales between individuals
* Federal law allows the sale of a long gun or a handgun between private parties of the same state as long as the purchaser is 18 years of age.
An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring
the firearm to a dealer in the purchaser's state. Firearms received by bequest or intestate succession are exempt from those sections of the law
which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence. Likewise,
antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal
law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)
So, it is clear that the flyer only applies to those people to whom it applies. As the law says, gun sales can occur between two private parties from
the same state without any need for an FFL or going through someone with an FFL.
But since that was a public gun sale event, the sponsors of the show decided that there really aren't any private parties involved. It was a public
event, so under that setting they requested that FFL vendors be used, or if the vendor doesn't have an FFL, he/she must go through someone who
Also, because they don't know who at the gun show is actually from another state, they requested that everyone go through someone with an FFL. This
was clearly a request by the people putting on the show, as they were making an attempt to REQUEST people comply with the law. There were no threats
for violation, and no absolute wording demanding compliance. If that had been an official legal notice, it would have been worded completely
differently, and it would have stated the law/ordinance citation under which the rule was being made. Plus, there would have been an enforcement of
the rules, with citations being given out.
Now, all that being said, the people putting on the show had obviously decided to ask the public to cooperate with BATF's attempt at plugging the
"Gun Show Loophole" as it is called. The "Gun Show Loophole Closing Act of 2009" is still pending in the congress, so they are obviously trying
to get voluntary compliance in this regard. There is nothing wrong with asking people to comply. If the people don't want to, then they can simply
not comply. I would think, however, that the sponsors of the gun show are free to set whatever rules they want to, since they are the ones who rented
So, on the contrary, I don't need your breaks. I am an expert in AMERICAN English, and most likely more familiar with American law than most on
here. Let's just say that I have many years of studying it intently.
[edit on 19-1-2010 by downisreallyup]