Hobie--Is this true?

[66GTO]

I saw this on a CBS News web site regarding the DC Navy Yard shooter, so I automatically take it with a grain of salt since they so often get the story wrong concerning guns.

The owners of two gun stores in Virginia told CBS News Alexis would have been able to buy an AR-15, he just wouldn't have gotten it right away. Anyone can buy the assault-style weapon in Virginia, but the dealer would have to observe the laws of the buyer's home state. It appears unlikely Alexis was a Virginia resident. His last reported full-time residency was in Texas.

If the buyer is an out-of-state resident, the dealer would then ship the weapon to the buyer's home state where a background check would be conducted. At the time of purchase in Virginia, however, the buyer would have to show two proofs of residence with matching addresses and then a proof of citizenship. This is all according to federal law when it comes to sales of the AR-15, which are administered by the ATF.

http://www.cbsnews.com/8301-505263_162- ... unable-to/

I've never tried to buy a rifle out of state so I have no experience with this. Is this story correct? Is there a special ATF requirement on AR15's that is different than any other rifle or is this something peculiar to Virginia?

[Hobie]

We can make sales to out of staters. VA law requires proof of residency which, strictly speaking, is NOT necessarily a second ID. It must have the same exact address as shown on the driver's license which is what the Feds require. The DL is NOT proof of citizenship, that or proper alien registration is the responsibility of the buyer to truthfully report, as are all the other questions he/she must answer on the 4473. Supposedly the background check will catch the liars and it does, mostly.

[J35]

We can make sales to out of staters. VA law requires proof of residency which, strictly speaking, is NOT necessarily a second ID. It must have the same exact address as shown on the driver's license which is what the Feds require. The DL is NOT proof of citizenship, that or proper alien registration is the responsibility of the buyer to truthfully report, as are all the other questions he/she must answer on the 4473. Supposedly the background check will catch the liars and it does, mostly.

I used my electric bill at Greentop as the second .

-----J

[Pete44ru]

.

It looks like the FFL giving the interview was either mis-informed, has misunderstood the law(s), or his location has non-federal restrictions.

Congress amended GCA-68, from allowing a FTF long gun purchase only in contigious state(s) by a citizen, to allowing the FTF purchase from an FFL in ANY state, regardless of the buyer's state of residence.

Notwithstanding the Federal Law, some states, like FL, don't allow any non-resident FTF long gun purchases.

There are no federal restrictions on the ownership of AR-15 rifles in the United States. During the period 1994–2004 variants with certain features such as collapsible stocks, flash suppressors, and bayonet lugs were prohibited for sales to civilians by the Violent Crime Control and Law Enforcement Act of 1994, with the included Assault Weapons Ban, which expired Sept, 2004.

Those AR-15s that were manufactured with those features, as well as the accompanying full capacity magazines, were stamped "Restricted Military/Government/Law Enforcement/Export Only".
The restrictions only applied to guns manufactured after the ban took effect.
It is legal to own, sell, or buy any gun built before 1994.

Since the expiration of the Federal AWB in September 2004, these features became legal in most states.
Since the expiration of the ban, the manufacture and sale of then-restricted rifles has resumed completely.

At least four states (NY, CA, MD, CT) regulate possession of AR-15 rifles either by the restriction of certain features or outright bans of certain manufacturers' models - For example: the A3 tactical carbine is legal for sale and possession in the United States generally, but is illegal for sale in California.



.

[mark08]

I get confused about much of this stuff. Without giving it a thought, I stopped at a gun shop and bought a rifle in Georgia, gave them my Tennessee Drivers license. By the time I had counted out my money, the back ground check was complete and I walked out of the store with the rifle and two boxes of ammo.

Then I hear stories about how long, how much trouble, needing seventeen copies of birth record etc. ????????

Was I just lucky?

[Hobie]

The problems usually arise because people don't understand and get confused by the language used in the laws, written by lawyers. SOME, not all, dealers also have an "imperfect" understanding of the law and/or language and attempt to simplify their explanations in interviews for the reporters who also are more and more often have a less than stellar understanding of language and much less an understanding of either the law or firearms. The result is a tremendous confusion on the subject. Remember playing "pass-the-message" as a kid? Same thing.

To further explain VA's second "ID", it can be just about anything that has both the name and address used on the driver's license. I would also say that the dealer is free to not sell to anyone for any reason even a hunch that something isn't right. We've done that. I expect other dealers do so, i.e. not make a sale, for any number of reasons.

[junkbug]

I have been told, at least in Northern Virginia, to buy an "assault style rifle", whatever that means (Mag capacity, bayonet lug, etc,) besides the proof of residency and Id, one needs a proof of citizenship, such as a passport. I have not put this to the test myself since I have had no urge for a semi AR or AK, or even an M-1 carbine, for a long time.

[mark08]

Hobie,

You confirmed my suspicion of "gossip". Of choose what I found was more then a ten shot. A Rossi 11+1 38spl lever gun!!! Price was right... had money burning hole in my pocket. Brought it home.

[765x53]

I get confused about much of this stuff. Without giving it a thought, I stopped at a gun shop and bought a rifle in Georgia, gave them my Tennessee Drivers license. By the time I had counted out my money, the back ground check was complete and I walked out of the store with the rifle and two boxes of ammo.

Then I hear stories about how long, how much trouble, needing seventeen copies of birth record etc. ????????

Was I just lucky?

Federal law permits direct purchase of long guns in states contiguous to your state of residence.

[Stan in SC]

76553,
The state in which you purchase does not have to be contiguous to your home state.

Stan in SC

[7.62 Precision]

After a record of criminal misuse of firearms (coming out of his house and shooting up someone's car, shooting through the floor of someone's apartment following an argument with that person) there should have been no way he could legally buy a gun. The problem was in the law enforcement/legal system somewhere, not accessibility of legal guns.

Now aside from all that, there is also no way to prevent him from obtaining a firearm illegally. criminals obtain them easily everywhere in the world, no matter how oppressive the laws. Even if he could not have passed a background check, even if firearms were illegal, he still would have found a way to obtain one illegally.

[mark08]

Did he not seek help for the voices from the micro wave..?????? What happened? Did Obamacare turn him down???