possible dumb question: is trading a guitar for a firearm legal (probably varies by state)?

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golem
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It's still hypothetical as I don't know how to shoot and don't plan to learn until COVID isn't an issue, but every once in a while someone offers to trade one of my guitars for a gun or posts on CL saying they'd trade for a firearm. It might be against the TOS of CL or FB, but outside of that, is it legal?

Not that it matters for this question, but I want to learn on a .22LR when I do learn. Sounds dumb but I know that's how my grandpa learned in the boy scouts back when that was a thing.
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mickey
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Methinks you can bet the farm that it varies all over the place state by state.
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ID10t
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On one hand it might vary from state to state, on the other, it is a trade and should be legal. I am overly cautious and prefer to have sales and trades go through a FFL (usually $25-$35), but you are bartering an item that you have assigned a theoretical value of for another item that someone has assigned a theoretical value of.
Someone going to mail a firearm? That's a problem/complication. Is it a class III? That's a complication. Does it qualify as a Curio and Relic? That's easy.
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Just because I didn't know what an FFL is: https://en.wikipedia.org/wiki/Federal_Firearms_License
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I would personally never want to be involved in an "unofficial" transaction for any firearm, even if I were the recipient. Way too much that could possibly go wrong and the ramifications of somehow ending up with a stolen or illegially obtained firearm far outweight the small inconvenience of going through a certified seller - at least in my book.

Having said that, there are lots of people who do trade firearms, there are craigslist style sites you can find that specialize in just that ( trading "arms" on a "list"...for example ). And in some states, like here in WI - there are local gun shows/swap meets where people freely exchange and sell without a license.

My preferred route of purchase is either local or order online and transfer to a local FFL. The latter isn't always an option in some states though, so YMMV.
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Chocol8
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If the trade crosses state lines, and it is a handgun, it MUST go through an FFL by Federal law. Trades within a state depend on state laws. Some states require a background check for all or certain transfers, and these are usually done by an FFL, but there may be other options in your state.
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Rollin Hand
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All I know is that one person is coming to do the transaction armed. That might not end well.
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pratteman
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Missouri is easier to get a gun than my side of the river.

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uwmcscott
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golem wrote: Fri Sep 18, 2020 10:05 am Not that it matters for this question, but I want to learn on a .22LR when I do learn. Sounds dumb but I know that's how my grandpa learned in the boy scouts back when that was a thing.
That does not sound dumb at all. .22LR is a very versatile caliber, and in "normal" times is way more affordable to shoot - both in ammo pricing and the cost of the firearm itself. Check out some of the Ruger offerings - the 10/22 rifle is one of the all-time greats for a basic, affordable all-around rifle. They also make some really affordable 22 revolvers and even autoloaders. I have an old 10/22 that belonged to my wife's grandfather and it still works like a champ. I acquired a Smith and Wesson M&P 22 compact autoloader last year and it's a really fun target/plinking gun. It's very close in size and weight to the larger caliber M&P line ( 9mm, .45 etc ) so it's perfect for practice but a lot less recoil.

Oh, and Boy Scouts is still a thing - we were camping this weekend as a matter of fact ;-) And they do still shoot mostly .22 at the ranges you find at camps. Our main summer camp has a rifle range that is mostly all .22, but they do have some muzzleloaders they break out on certain special nights. They also have a shotgun range.
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Sure why not. Its 2 people trading goods in a free country and......lol :) . I'm sorry I couldn't finish typing. The humor was so dry.
It may be legal in your area. I'm in ca so I'm pretty sure the swat team would be called out on my. And that's while the strip mall next to me is being looted and burned to the ground. So different local norms.
It may be worth figuring out so you can have an unregistered gun for when the confiscation comes down. Try and trade with an old guy so hes dead before the collection police try to strong arm him. But hey, I'm an optimist. I too am looking for a 22 but here in ca the gun stores have a 2 to 4 hr wait just to get in and they can't even tell you what's in stock to purchase. You wait in line, pick what they have that min or go home and wait in line later hoping they have one of the guns you want. But again that's in lovely socal.
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golem wrote: Fri Sep 18, 2020 10:05 am It's still hypothetical as I don't know how to shoot and don't plan to learn until COVID isn't an issue, but every once in a while someone offers to trade one of my guitars for a gun or posts on CL saying they'd trade for a firearm. It might be against the TOS of CL or FB, but outside of that, is it legal?

Not that it matters for this question, but I want to learn on a .22LR when I do learn. Sounds dumb but I know that's how my grandpa learned in the boy scouts back when that was a thing.
Since you and I re currently both in Missouri - the answer is you can. Easily if the exchange is person to person, in Missouri. No paperwork is required.
Through a FFL (Federal Firearms License) agent, if the exchange is state to state involving shipping.

I'd advise having a very knowledgeable person looking at the gun being traded. There are a lot of guns that I've seen for sale which would require TLC from a gunsmith, before they would be safe to use. If you trade one, get a photocopy of the person's drivers license, generate an invoice documenting the trade with the weapon's serial and both of you sign. Insurance for you on the outside chance that weapon is ever traced to a crime.

If you do this, I agree with a prior post that you don't want an imbalanced person to person transaction. I'll go with you and carry.

If you want to learn, I am BSA Rangemaster certified and have taken NRA courses and can teach you. We could hit the range, although I have no rifles nor 22LR's at the time. I have a well behaved Glock 42 semi-auto handgun, in the smallish .380 auto caliber and can take you to my indoor range 2 minutes from my house. Let me know.
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In NC my understanding is the only requirement for the private transfer of ownership of a handgun is the purchaser must have either a purchase permit or a CCW license not sure about long guns. The medium of exchange has no bearing on the transaction if it's cash or whatever you want to trade fork, guitar, vehicle whatever.

I am an old, retired, fat, ugly, lazy guitar player and not a lawyer so don't take anything I say as legal advice. I can however show you where to place your fingers on the fretboard of your guitar to form a GM7sus4#5 that is accurate and would hold up in court.
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Lamf77
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pratteman wrote: Sun Sep 20, 2020 7:59 pm Missouri is easier to get a gun than my side of the river.

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Road trip!
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Lamf77 wrote:
pratteman wrote: Sun Sep 20, 2020 7:59 pm Missouri is easier to get a gun than my side of the river.

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What do you want? I was in the Ozarks last weekend, I could have picked up a shotgun at the gas station

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uglyvw
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Some states have restrictions and keep in mind that I live in Arkansas. I have traded many firearms over the years without issue. I have also bought and sold them without any type of record. Some may frown upon this practice, but I have no problem having a firearm that big brother doesn't need to have in his registry. I would honestly be more concerned about knowing what you are getting and having a safe transaction. A 22 is a handy all around caliber and excellent to learn with.
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nomadh
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andrewsrea wrote: Mon Sep 21, 2020 11:47 am
golem wrote: Fri Sep 18, 2020 10:05 am It's still hypothetical as I don't know how to shoot and don't plan to learn until COVID isn't an issue, but every once in a while someone offers to trade one of my guitars for a gun or posts on CL saying they'd trade for a firearm. It might be against the TOS of CL or FB, but outside of that, is it legal?

Not that it matters for this question, but I want to learn on a .22LR when I do learn. Sounds dumb but I know that's how my grandpa learned in the boy scouts back when that was a thing.
Since you and I re currently both in Missouri - the answer is you can. Easily if the exchange is person to person, in Missouri. No paperwork is required.
Through a FFL (Federal Firearms License) agent, if the exchange is state to state involving shipping.

I'd advise having a very knowledgeable person looking at the gun being traded. There are a lot of guns that I've seen for sale which would require TLC from a gunsmith, before they would be safe to use. If you trade one, get a photocopy of the person's drivers license, generate an invoice documenting the trade with the weapon's serial and both of you sign. Insurance for you on the outside chance that weapon is ever traced to a crime.

If you do this, I agree with a prior post that you don't want an imbalanced person to person transaction. I'll go with you and carry.

If you want to learn, I am BSA Rangemaster certified and have taken NRA courses and can teach you. We could hit the range, although I have no rifles nor 22LR's at the time. I have a well behaved Glock 42 semi-auto handgun, in the smallish .380 auto caliber and can take you to my indoor range 2 minutes from my house. Let me know.
I need to move to MO. (MO is Missouri, right?)
golem
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[mention]nomadh[/mention] MO is Missouri.
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nomadh wrote: Wed Sep 23, 2020 1:16 pm
I need to move to MO. (MO is Missouri, right?)
Like [mention]pratteman[/mention] said, Missouri is up there with the most gun friendly states. Anything below a class III (machine guns, suppressors, mortars, rockets, ect.) can be bought and sold without fanfare between two private owners. A new weapon must be bought by an FFL shop and you will go through the Federal background check, which can take 5 to 25 minutes.

Missouri is permit-less carry, concealed or open. Open must be holstered (handgun) or shoulder-strapped and (rifle) pointing down. You cannot bring a firearm into a federal building, sporting event or bar / club. Your home, your property, your car and any business you own is considered under the castle doctrine. Which means if someone tries to car-jack you and you plant one between that person's eyes, the likely-hood of penalty (criminal or civil) for your act of self-defense, is extremely low.

That is what makes that St. Louis couple who were charged for waiving their guns at a group of 'peasful protesters' in a gated community and had their weapons (even ones they didn't use in the event) confiscated, so ridiculous. In the videos I saw, they never targeted anyone, although the woman had her finger on the trigger, which is a gun safety no-no (she must have beed scared to death). The Governor's office said that St Louis Circuit Attorney Kim Gardner's charges are unfounded in law.
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Lamf77
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pratteman wrote: Tue Sep 22, 2020 7:53 pm
Lamf77 wrote:
pratteman wrote: Sun Sep 20, 2020 7:59 pm Missouri is easier to get a gun than my side of the river.

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Road trip!
What do you want? I was in the Ozarks last weekend, I could have picked up a shotgun at the gas station

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60 years in Chicago area.....never even considered a firearm until a few months ago. I figure a shotgun will manage, but the wife will probably call an attorney before it ever arrives.
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Chocol8
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Lamf77 wrote: Thu Sep 24, 2020 2:51 pm 60 years in Chicago area.....never even considered a firearm until a few months ago. I figure a shotgun will manage, but the wife will probably call an attorney before it ever arrives.
A 12 gauge shotgun loaded with 00 buck or solid slugs will work very well on just about any attorney you might find. :mrgreen:
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Coming to this tread late I would say that if its within the same state its a private transaction and should be fine. However you need to be sure its a legal gun and not stolen.
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MichaelR wrote: Thu Sep 24, 2020 3:29 pm Coming to this tread late I would say that if its within the same state its a private transaction and should be fine. However you need to be sure its a legal gun and not stolen.
Unless soemone kept very good paperwork, it would be hard to know.
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golem wrote: Thu Sep 24, 2020 10:02 pm
MichaelR wrote: Thu Sep 24, 2020 3:29 pm Coming to this tread late I would say that if its within the same state its a private transaction and should be fine. However you need to be sure its a legal gun and not stolen.
Unless soemone kept very good paperwork, it would be hard to know.
If a gun was reported stolen to the police, the majority of the times it can be found here: https://www.hotgunz.com/
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