ot out of state
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- Levergunner 2.0
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ot out of state
what are the current rules on out of state purchase of long guns. specifically, If I, as an arzona resident go to nevada, virginia, or nc, where my kids live, can I legally purchase a model 94 from either person, pawn shop or gun shop and take it with me.
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Re: ot out of state
This is a good way to run afoul of the law.
Re: ot out of state
In most states, I believe, you need to be a resident of the state where purchase is made. But, then again, I come from CA where all gun laws are distorted.
Mike
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Re: ot out of state
For the most part you can buy a long gun in a state that borders your home state. Beyond that you need to go thru the proper channels of having it shipped to your local ffl.
I know of a time or two when a persons local ffl gave the person traveling out of state a signed copy of his ffl. That way the shipment could be made and the gun awaiting the buyer when he got home,if a good deal was found.
I know of a time or two when a persons local ffl gave the person traveling out of state a signed copy of his ffl. That way the shipment could be made and the gun awaiting the buyer when he got home,if a good deal was found.
Re: ot out of state
The law has changed, and anyone considering buying/selling firearms across a state line needs to keep abreast of the latest developments - from the horse's mouth (BATF, available at http://www.nra-ila.org , or google " nra/ila gun laws" for a direct link)
It is now legal under Federal Law for a citizen of good standing, etc, to purchase a LONG gun ( no handguns) directly in ANY state other than their state of residence, provided:
1) It's legal in the state of purchase ( IIRC, Fla doesn't allow non-residents to purchase anything, for instance)
2) It's legal according to the laws of the state where the buyer resides (some states have waiting periods/etc for their residents, which apply wherever they buy)
3) The direct long gun purchase be from an FFL of the state in which the purchase occurs.
4) The firearm purchased must be legal to own in the state of the buyer's residence. ( some states don't allow certain long guns, for instance)
5) The effected FFL must submit a completed NICS check on the buyer, which must be approved prior to the sale.
FWIW -
If you sell any firearm to ANYONE in another state, it better be to an FFL there.
You can purchase a handgun from out of your state of residence, but it must be transferred (read: shipped) by an FFL from there, to an FFL in your state of residence - with attendant fees.
.
It is now legal under Federal Law for a citizen of good standing, etc, to purchase a LONG gun ( no handguns) directly in ANY state other than their state of residence, provided:
1) It's legal in the state of purchase ( IIRC, Fla doesn't allow non-residents to purchase anything, for instance)
2) It's legal according to the laws of the state where the buyer resides (some states have waiting periods/etc for their residents, which apply wherever they buy)
3) The direct long gun purchase be from an FFL of the state in which the purchase occurs.
4) The firearm purchased must be legal to own in the state of the buyer's residence. ( some states don't allow certain long guns, for instance)
5) The effected FFL must submit a completed NICS check on the buyer, which must be approved prior to the sale.
FWIW -
If you sell any firearm to ANYONE in another state, it better be to an FFL there.
You can purchase a handgun from out of your state of residence, but it must be transferred (read: shipped) by an FFL from there, to an FFL in your state of residence - with attendant fees.
.
Last edited by Pete44ru on Sun Feb 07, 2010 2:42 pm, edited 3 times in total.
Re: ot out of state
Pete44ru wrote:The law has changed, and anyone considering buying/selling firearms across a state line needs to keep abreast of the latest developments - from the horse's mouth (BATF, available at http://www.nra-ila.org , or google " nra/ila gun laws" for a direct link)
It is now legal under Federal Law for a citizen of good standing, etc, to purchase a LONG gun ( no handguns) directly in ANY state other than their state of residence, provided:
1) It's legal in the state of purchase ( IIRC, Fla doesn't allow non-residents to purchase anything, for instance)
2) It's legal according to the laws of the state where the buyer resides (some states have waiting periods/etc for their residents, which apply wherever they buy)
3) The direct long gun purchase be from an FFL of the state in which the purchase occurs.
4) The firearm purchase be legal to own in the state of the buyer's residence. ( some states don't allow certain long guns, for instance)
5) The effected FFL must submit a completed NICS check on the buyer, which must be approved prior to the sale.
FWIW -
If you sell any firearm to someone in another state, it better be to an FFL there.
You can purchase a handgun from out of your state of residence, but it must be transferred by an FFL from there, to an FFL in your state of residence - with attendant fees.
.
thanks, i was wondering as well.
careful what you wish for, you might just get it.
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Re: ot out of state
The way to go may be to buy the gun from wherever you are, and have it sent FFL to FFL in your state. Before you go, check around to see if an FFL holder will give you a copy of his license to take with you. Note: Not all FFL's will do this!
- J Miller
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Re: ot out of state
Walmart here in IL used to have a map that showed all 50 states with those IL residents could buy from hi-lighted. I don't have a copy of it, but I remember AZ was hi-lighted even though they do not have a waiting period on long guns.
Joe
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Re: ot out of state
Pete44ru wrote:The law has changed, and anyone considering buying/selling firearms across a state line needs to keep abreast of the latest developments - from the horse's mouth (BATF, available at http://www.nra-ila.org , or google " nra/ila gun laws" for a direct link)
It is now legal under Federal Law for a citizen of good standing, etc, to purchase a LONG gun ( no handguns) directly in ANY state other than their state of residence, provided:
1) It's legal in the state of purchase ( IIRC, Fla doesn't allow non-residents to purchase anything, for instance)
2) It's legal according to the laws of the state where the buyer resides (some states have waiting periods/etc for their residents, which apply wherever they buy)
3) The direct long gun purchase be from an FFL of the state in which the purchase occurs.
4) The firearm purchased must be legal to own in the state of the buyer's residence. ( some states don't allow certain long guns, for instance)
5) The effected FFL must submit a completed NICS check on the buyer, which must be approved prior to the sale.
FWIW -
If you sell any firearm to ANYONE in another state, it better be to an FFL there.
You can purchase a handgun from out of your state of residence, but it must be transferred (read: shipped) by an FFL from there, to an FFL in your state of residence - with attendant fees.
.
I would add, the above applies only if the unlicensed person travels to another state and purchses from an FFL in that state. It is still against the law for that unlicensed person to travel to another state and to take possion of a firearm from another unlicensed person.
From the ATF's FAQ's
Q: 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 he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, 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(d), 27 CFR 478.29 and 478.30]
Q: 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]
The grey area here is the inheritance of family firearms from out of your state. The ATF would have you receive them through an FFL but I have never heard of them actually pushing the issue.
Steve Young aka Nate Kiowa Jones Sass# 6765
Steve's Guns aka "Rossi 92 Specialists"
205 Antler lane
Lampasas, Texas 76550
http://www.stevesgunz.com
Email; steve@stevesgunz.com
Tel: 512-564-1015
Steve's Guns aka "Rossi 92 Specialists"
205 Antler lane
Lampasas, Texas 76550
http://www.stevesgunz.com
Email; steve@stevesgunz.com
Tel: 512-564-1015
Re: ot out of state
Pete,
I Florida, anyone (legal type) can purchase a long gun. Handguns are little more involved.
I Florida, anyone (legal type) can purchase a long gun. Handguns are little more involved.
http://www.pumprifle.org/
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Bruce Hamlin's Pump Rifle Forum
Re: ot out of state
[quote="Pete44ru"]The law has changed, and anyone considering buying/selling firearms across a state line needs to keep abreast of the latest developments - from the horse's mouth (BATF, . . .) Quote
Wrong end of the horse.
Wrong end of the horse.
- crs
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Re: ot out of state
On the other hand, since your kids know you are a gun enthusiast, why not ask them to give you your desired rifle as a gift.
The IRS allows gift of $10,000 or so without any tax penalties.
The IRS allows gift of $10,000 or so without any tax penalties.
CRS, NRA Benefactor Member, TSRA, DRSS, DWWC, Whittington Center
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Re: ot out of state
I'v bought a few guns from shops in NH and I live in CT. No problem. Never did a personal transaction like that, but if theres no paper & we dont register guns I dont know if I'd sweat it any.
Re: ot out of state
[I would add, the above applies only if the unlicensed person travels to another state and purchses from an FFL in that state. It is still against the law for that unlicensed person to travel to another state and to take possion of a firearm from another unlicensed person.]
That's what I stated, Nate - I'm sorry if the way I listed the provisos was confusing.
"It is now legal under Federal Law to purchase a LONG gun ( no handguns) directly in ANY state other than their state of residence, provided:
3) The direct long gun purchase be from an FFL of the state in which the purchase occurs."
.
That's what I stated, Nate - I'm sorry if the way I listed the provisos was confusing.
"It is now legal under Federal Law to purchase a LONG gun ( no handguns) directly in ANY state other than their state of residence, provided:
3) The direct long gun purchase be from an FFL of the state in which the purchase occurs."
.
- O.S.O.K.
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Re: ot out of state
This is one of those areas where we have let the federal govt. go out of bounds IMHO. Anyone should be able to purchase a firearm anywhere. Anything less is an infringement.
You might argue about prior felonies, etc. but that's not enumerated in the Constitution - strictly speaking. As-is creating a "license" to sell and trade in arms and just about every other gun law that is NOT a Constitutional Amendment.
I know this comment is OT to the thread some, but its the first thing that popped into my brain when reading down the thread...
You might argue about prior felonies, etc. but that's not enumerated in the Constitution - strictly speaking. As-is creating a "license" to sell and trade in arms and just about every other gun law that is NOT a Constitutional Amendment.
I know this comment is OT to the thread some, but its the first thing that popped into my brain when reading down the thread...
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Re: ot out of state
No apoligy needed and I wouldn't say it was confusing. ATF's 3) just doesn't seem to cover the point that well. The point being an unlicensed person is not supposed to buy/sell out of state from/to another unlicensed person.Pete44ru wrote:[I would add, the above applies only if the unlicensed person travels to another state and purchses from an FFL in that state. It is still against the law for that unlicensed person to travel to another state and to take possion of a firearm from another unlicensed person.]
That's what I stated, Nate - I'm sorry if the way I listed the provisos was confusing.
"It is now legal under Federal Law to purchase a LONG gun ( no handguns) directly in ANY state other than their state of residence, provided:
3) The direct long gun purchase be from an FFL of the state in which the purchase occurs."
.
I had this very same thing come up recently. A local older gentleman came into possession of a gun by way of a friend that passed away and he wanted to send it out of state to his friends surviving relative. I showed him these ATF rules and told him the same thing I posted about the grey area and ATF's enforcement. I'm not sure how it all played out but I got the impression the surviving relative didn't want to do the 4473 paper work to receive the gun.
Steve Young aka Nate Kiowa Jones Sass# 6765
Steve's Guns aka "Rossi 92 Specialists"
205 Antler lane
Lampasas, Texas 76550
http://www.stevesgunz.com
Email; steve@stevesgunz.com
Tel: 512-564-1015
Steve's Guns aka "Rossi 92 Specialists"
205 Antler lane
Lampasas, Texas 76550
http://www.stevesgunz.com
Email; steve@stevesgunz.com
Tel: 512-564-1015
- crs
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Re: ot out of state
What OSOK said +1.
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