Free State Wyoming (FSW) Community > Swap Meet

*READ ME* Posting Questions? Post them here.

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FSW Forum Administrator:
Reply to this message with any questions or comments you may have on posting to the Swap Meet board here. A Moderator or Admin will try to answer in a timely manner.

BILL:

HEY THERE,
OBVIOUS NEWBIE LURKER REGISTERED BUT CANNOT FIND BUTTON TO POST ON SWAP MEET.
HAS READ INSTRUCTIONS, MUST BE SUFFERING FROM OLD BRAIN, HINT IF YOU PLEASE.
BILL

FSW Forum Administrator:
Posting items/services to the Swap Meet board is a priviledge reserved to Members and Associates. ie those who have sent in a SofI. Registered users of the board may post replies to posts. This allows them to ask questions about the item/service, etc.

MamaLiberty:
I can't figure out how to post a photo with my ad here. I see the "image" button, but don't know how to get the image in there. I tried to copy/paste it from a photo editing program I have, but that doesn't work.

Any suggestions are most appreciated. MamaLiberty

Fran:

--- Quote ---No Firearms - I know, I know. I don't like it either. But none of us here want a visit from the JBTs of BATFE because someone didn't dot an I or cross a T
--- End quote ---

The rules regarding private sale of firearms is not mysterious, or difficult to understand. They are published online:
http://www.nraila.org/GunLaws/StateLaws.aspx?ST=WY

In addition to the state laws, the BATFE regs are also online. I have attached them below. For the FSW to post an online swap meet forum and prohibit members from conecting with other members in their state for a legal transaction is nothing short of hypocritical. It doesn't take a great deal of reading to understand the laws. In a nutshell, if your state permits private sale, you can sell to someone in your state as long as they are not crazy or a felon. To determine if your state permits it, click the link above. Here are the ATF regulations:

Laws and Rules for private parties, from the BATF Website.

B. UNLICENSED PERSONS

(B1) 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 the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any State. 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(b)(3), 27 CFR 178.29]

(B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only buy a firearm within his own State except that he may buy a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides.

[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if he arranges to obtain the firearm through a licensed dealer in his own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may order a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]

(B4) May an unlicensed person obtain ammunition from an out-of-State source?

Yes, provided he is not a person prohibited from receiving firearms and ammunition.

[18 U.S.C. 922(g) and (n)]

(B5) Are there certain persons who can't legally receive or possess firearms?

Yes, a person who -

(1) Is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his citizenship; or

(8) Is subject to a court order that restrain the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.

cannot lawfully receive, possess, ship, or transport a firearm.

[18 U.S.C. 922(g), 27 CFR 178.32]

[18 U.S.C. 922(g)(8), 925(a)(1)]

(B7) May a nonlicensee transport firearms interstate for sporting or other lawful purposes?
Yes, provided the weapon is unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also, the carrying and transportation must be lawful in the place of origin and destination.

[18 U.S.C. 926A, 27 CFR 178.38]

(B8) May a nonlicensee ship a firearm through the mails?

A nonlicensee may mail a shotgun or rifle to a resident of his own State or to a licensee in any State. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer a handgun to a non licensed resident of another State.

The Postal Service recommends that longguns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.

A carrier must be notified that the shipment contains a firearm.

In addition, Federal law prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A) and 922(e), 27 CFR 178.31]

(B9) May a nonlicensee ship firearms interstate for his use in hunting?

Yes. A person may ship a firearm to himself in care of another person in the State where he intends to hunt. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

(B10) May a person who is relocating out-of-State move firearms with other household goods?

Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his State of residence.

Certain NFA firearms must have prior approval from the Bureau of ATF, NFA Branch, Washington, DC 20226, before they may be moved interstate. The person must notify the mover that firearms are being transported. He should also check State and local laws where he is relocating to ensure that his movement of firearms into his new State does not violate any State law or local ordinance.

[18 U.S.C. 922(a)(4), 27 CFR 178.28 and 178.31]

(B11) What constitutes residency in a State?
The State of residence is the State in which an individual regularly resides or maintains his home. A member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located. If a member of the Armed Forces maintains his home in one State and his permanent duty station is in a nearby State to which he commutes each day, then he may purchase a firearm in either the State where he is stationed or where he maintains his home.
[18 U.S.C. 921(b) and 922(b)(3), 27 CFR 178.11]

(B12) May a person who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in two States and resides in both States for certain periods of the year, he may, during the period of time he actually resides in a particular State, purchase a handgun in that State. But simply owning property in another State does not qualify the person to purchase a handgun in that State.
(B13) May foreign visitors buy firearms?

Yes, provided they meet certain requirements:

(1) An alien who is in this country legally and has resided in a particular State for a period of a least 90 days is considered to be a resident of that State and able to purchase a firearm if he is not otherwise prohibited; or,

(2) An alien who is in a State in which his embassy or consulate is located and who has been authorized in writing by the principal officer of the embassy or consulate to purchase a firearm, would be considered a resident of that State for purposes of purchasing a firearm within that State. The alien may also purchase a rifle or shotgun at licensed premises in another State if such purchase would be legal in the State where the embassy or consulate is located as well the State where the licensee is located. In addition, the alien should be cautioned that the firearm may not be exported without first complying with the provisions of the Arms Export Control Act. (See Item 5 under "General Information," Page 91.)

[18 U.S.C. 921, 27 CFR 178.11]

(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, in the case of handguns, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles may only receive and posses handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[18 U.S.C. 922(x)]

(B15) Does curio or relic status affect the transfer of a firearm to a nonlicensee or possession by a nonlicensee?

No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce to licensed collectors or other licensees.

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