Missouri to Illinois Firearm Transfer Requirements

[djosephm]

Hi everybody. I am a Missouri resident and will be selling an AR-15 to a resident of Illinois... how should we go about doing this so I can make sure everything is legal and all... I know this question has probably been asked before and I did research it I just want to be positive before the transaction takes place...

I think I have to make sure that the Illinois resident has a FOID card and is at least 18... also do I have to make a copy of his FOID card?

Thanks

Dan

 

[BCCL]

It must go through an FFL in Illinois.

You transfer it to an FFL holder in Illinois, and he then transfers it to the Illinois resident.

 

[djosephm]

Really? I just talked to an FFL dealer and he said "Only handguns are required to go through FFL but it would be a good idea to do it that way with your rifle as well." ...at least that's what I understood anyway.

 

[Librarian]

Excluding C&R licensees, interstate transfers go through an FFL. Interstate handgun transfers go through an FFL in the state of residence of the buyer.

In-state, both residents of that same state, follow state laws.

 

[Sam1911]

This was just discussed in another thread.

http://www.thehighroad.org/showthread.php?t=439390

Must go through an FFL and both of you will have to follow all the laws of both states as well.

Apparently there is a 24 hour waiting period for long gun purchases in IL, so the receiving FFL will have to hold it for him for a day before he can pick it up.

-Sam

 

[Blackbeard]

I bought my AR in Iowa from an FFL. Handguns have to be transferred to an Illinois FFL but long guns can be bought from an FFL in a neighboring state. That's my understanding.

 

[NavyLCDR]

I bought my AR in Iowa from an FFL. Handguns have to be transferred to an Illinois FFL but long guns can be bought from an FFL in a neighboring state. That's my understanding.

Not quite true. Long guns can be bought from an FFL in just about ANY state. So long as the laws of both the state of the seller and the purchaser are followed.

The transaction in question by the OP must go through an FFL, in either state, but Missouri and Illinois laws must be followed including FOID card and waiting period requirements.

Really? I just talked to an FFL dealer and he said "Only handguns are required to go through FFL but it would be a good idea to do it that way with your rifle as well." ...at least that's what I understood anyway.

The FFL dealer you asked was full of you know what.

18 USC 922(a)(3)

(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee 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 licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

and if you sell it to him face to face, with no FFL, then you commit a felony as well:
18 USC (a)(5):

(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) 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; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an 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) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

 

[BCCL]

Really? I just talked to an FFL dealer and he said "Only handguns are required to go through FFL but it would be a good idea to do it that way with your rifle as well." ...at least that's what I understood anyway.

He is mistaken.

If you were an FFL, then you could sell it to him if all other laws allow it, but private (non FFL's) citizens cannot transfer/sell any firearm across state lines. He could buy it from a FFL in MO., or he can buy it from an FFL in IL., but he cannot buy it directly from you.

 

[chiggerbyt]

DJOSEPHM I know an FFL guy in Eureka,MO who does transfers if that would be convenient for you send me a PM. chig