Buying a long gun in person in another state

[kirkwood]

I would like to shop for used guns at FFL dealers in neighboring states (I'm only about a mile from the Mississippi state line and within a few hours drive of both Alabama and Florida), but don't know if it is too much of a hassle when it comes to state laws. Federal law looks straightforward. It permits the sale as long as state law is upheld. I know shipping back to a FFL dealer in my state is OK, but I would like to just bring it home. Anyone ever had a problem doing this?

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

A person may only acquire a firearm
within the person’s own State,
except that he or she may purchase
or otherwise acquire 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. A person may
borrow or rent a firearm in any State
for temporary use for lawful sporting
purposes.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27
CFR 478.29 and 478.30]

[TedH]

I think it varies by state. I know there are several states neighboring me where I can go buy a long gun and just bring it home. I also noticed in my local Wally World that they have a chart up at the gun counter showing the other what states can buy here too.

[MikeS.]

I've bought 2 in Va, 1 in Tn and 1 in Ohio. No problems.

[Ysabel Kid]

As noted, it varies state by state. Most states don't fret on long gun sales face-to-face with good ID that passes the background check.

[Pete44ru]

The legalities generally are:

The buyer is restricted by the laws of the buyer's state of residence first, but also by any laws effecting the transfer in the state it occurs in.

Long guns only, no hand guns.

Out-of-state, in-person (FTF) purchases must be from an FFL in the non-residential state, not a non-FFL/other.

A Fed background check in mandatory, as in any other purchase from an FFL.

The buyer must post a pic of the new purchase(s) here within 24hrs.

.

[86er]

If you go to any Wal Mart that sells firearms they will have a map of the US posted that shows by color what States residents may purchase firearms in other states. Usually the Wal Mart will let you photocopy it or make a quick note of it. I have not seen this handy map posted anywhere else. I just found out, interestingly, that Florida residents cannot purchase a firearm in Texas.

[morgan in nm]

Like many others have said, it depends on the state. I think there is something in the law about contingious(I don't think I spelled that right) states which is basically bordering each other here in NM.

[djw]

...I think there is something in the law about contingious(I don't think I spelled that right) states...

That's "contiguous", as in touching, but that's no longer in the Federal rules. As others have said, it depends on the laws of the state of purchase and the buyer's state of residence. Some states have contiguous rules, but most do not. Check.

[Bullard4075]

I read it twice and still wonder.

Can a private citizen (non FFL) cross a state line, purchase a firearm from another private citizen (non FFL) and return to his home state.

[AmBraCol]

I read it twice and still wonder.

Can a private citizen (non FFL) cross a state line, purchase a firearm from another private citizen (non FFL) and return to his home state.

Do you mean according to regulations or the US Constitution?

[Ysabel Kid]

I read it twice and still wonder.

Can a private citizen (non FFL) cross a state line, purchase a firearm from another private citizen (non FFL) and return to his home state.

Do you mean according to regulations or the US Constitution?

I'd go with the US Constitution on that one!

[Poohgyrr]

That probably makes too much sense for here..... But it sure would be a nice way to take the wife to visit her Mother in Houston, drive over to Port Arthur to pickup a tuned M92, and register it here when we get back.....

[Pete44ru]

[I read it twice and still wonder. Can a private citizen (non FFL) cross a state line, purchase a firearm from another private citizen (non FFL) and return to his home state.]

Sure can - It'll just be illegal, that's all.

.

[AmBraCol]

[I read it twice and still wonder. Can a private citizen (non FFL) cross a state line, purchase a firearm from another private citizen (non FFL) and return to his home state.]

Sure can - It'll just be illegal, that's all.

.

It all comes back to if you believe the US Constitution trumps regulations set up by non-elected bureaucrats or not - and are willing to back it up with the necessary investment in legal fees and such should the alphabet folks come knocking...

[Bullard4075]

Bullard wrote:
"I read it twice and still wonder.

Can a private citizen (non FFL) cross a state line, purchase a firearm from another private citizen (non FFL) and return to his home state."

I was asking a simple question here.

I (in Montana) make a deal with another member of the board to buy his levergun.
I take the family for a drive to another state, meet this boardmember in his living room, pay him
and return to Montana with my new levergun.
Have I broken any laws?
Does it matter which state the other member lives in?


I'm not trying to start a discussion/argument here I was just unaware that this might be against the law
in some/any state.
Is this some federal law?

[3leggedturtle]

If you are going to Montana or any state for that matter to buy a long gun. go into a gunshop and ask the owner if you can legally buy a long gun from him. I would base my decision on what he says, but realisticaly , private citizen to private citizen i would do it. Would also get a bill of sale and his driver license# for my records. If he balked at that , i wouldnt buy it.

[Leverdude]

I,ve done it several times buying rifles in NH & living in CT without troubles. Call & ask a shop.

[Old Time Hunter]

Ok, how about this, you go to a gun show in another state and purchase a gun. Guess what, that makes it legal, doesn't it?

[Leverdude]

Ok, how about this, you go to a gun show in another state and purchase a gun. Guess what, that makes it legal, doesn't it?

Not handguns & like I said long guns are a simple thing in my experience. In my case it was easier as NH has none of its own paperwork like CT does. One form instead of 5.

[Pete44ru]

Generally, people can do whatever they wish - whether it's legal or not.
Some accomplish what they want, and some don't.

The ones that don't, and get caught in an illegality, are the ones in jail or paying stiff fines.

The ones that do mostly keep their mouths shut, lest they join the others.

You said you want to go into a state, not of your legal residence, and purchase a rifle FTF, and return home, wanting to know if you would break any laws.

The answer is Yes - you would be breaking Federal Law, which is pretty clear on the matter:

"Sales Between Individuals" - An individual who does not possess a federal firearms license may not sell a 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."

"Shipping Firearms" -Firearms may not be mailed or shipped interstate from one non-FFL to another non-FFL.

That said:

"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 residence.
An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state."


(source: http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60 )

.

[Yodar]

The question no one has asked is how long before the statute of limitations runs out.

[Leverdude]

You said you want to go into a state, not of your legal residence, and purchase a rifle FTF, and return home, wanting to know if you would break any laws.

No he didn't Pete, we all just got sidetracked.
He wants to buy from an FFL dealer in another state & go home with his gun. Long as its a rifle he can do it. As you pointed out.

[Pete44ru]

Thanks - I'm sorry for not clearly labeling my response.

In my last post, I was responding to Bullard's post:

["I (in Montana) make a deal with another member of the board to buy his levergun. I take the family for a drive to another state, meet this boardmember in his living room, pay him and return to Montana with my new levergun. Have I broken any laws?
Does it matter which state the other member lives in?"]

Kirkwood's OP was asking about shopping FFL's in other states for a long gun - which is perfectly legal, by Federal Law.

But then - I'm Polish.
.

[Leverdude]

Thanks - I'm sorry for not clearly labeling my response.

In my last post, I was responding to Bullard's post:

["I (in Montana) make a deal with another member of the board to buy his levergun. I take the family for a drive to another state, meet this boardmember in his living room, pay him and return to Montana with my new levergun. Have I broken any laws?
Does it matter which state the other member lives in?"]

Kirkwood's OP was asking about shopping FFL's in other states for a long gun - which is perfectly legal, by Federal Law.

But then - I'm Polish.
.

My mistake.

[kirkwood]

Well I went through MS, AL, & GA this past weekend on a road trip and got home today. I didn't find any bargains, so I didn't make any purchases. I'll be taking another such road trip around Thanksgiving up into the midwest and see if something turns up that is too good to pass up. I was mostly wondering if I would be given a hassle if the dealer didn't know the state laws of my home state (LA), and if that had happened to anyone else. Sounds like the answer is no.

[skinnygun]

I as a Oregon resident can buy a long gun in Nevada ( according to Las Vegas police )

[Old Time Hunter]

As a Wisconsin resident I can buy a gun in any state with a common border with Wisconsin by Wisconsin law. I do have a C&R which does give some transportability, provided it is for an exempt firearm. I am going to have to get into the nuts and bolts of the CFR's, but I believe their is an exemption following state law in the federal...something referring to co-joining states.