State to state gun laws

A couple questions about crossing state lines and guns;

1) Can I buy a modern, non C&R rifle in another state Im not a resident of then drive home with it?

2) Can I have gun built for me, by an ffl, in another state then drive home with it, with out the transfer?

IIRC, the FOPA '86 said (basically): If it is legal at point of origin, and legal at destination, you may transport it beyween both locations.

IMHO, if you need to go through a bad spot (like Illinois), I wouldn't stop for gas or food while crossing it, though. (and don't speed).

-- Max

#1: Only from a licensed dealer, and only if the transaction complies with the laws in both states. For example, an Indiana dealer could sell a standard AKM to a resident of Kentucky without a problem, but a Kali resident would not be legal to buy due to their state ban on such rifles. All state and local laws apply as well. As Max said, the FOPA sez you can travel with it, but driving through downtown NYC for example is a bad idea. The NYPD (and other agencies across the country in gun unfriendly jurisdictions) have been known to confiscate regardless of legality and the legal process to get it returned would be far more than a replacement rifle.


2: Assuming you already purchased the receiver and are simply having him assemble it for you, should not be a problem.

So I need some help here.

I am traveling to GA next month, want to buy an FAL a member has for sale there.

He is concerned that he can legally sell me the rifle FTF.

I say he can, am I wrong?

Is there a citation from BATFE BS that backs up my ability to buy the rifle from him ftf in his state?

This is all I could find

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]


It does not say a person can buy from a private seller in another state...FTF - not explicitly, it tries to muddy the issue and push the idea of using an FFL dealer. Seems to me the bastards are omitting private to private sales to ensure weapons are inked into the logs.

Am I missing a citation?

Sales between unlicensed individuals who are residents of the same state are legal under Fed law. Sales between unlicensed individuals who are not residents of the same state are considered "interstate commerce" and therefore require it to go through an FFL.

Crap

find a transfer FFL with the zip code search on gunbroker, and get your buddy to walk it over there with you. have him transfer the gun into the ffl's bound book, and get the ffl to transfer it out to you with a call to instant check. discuss with available ffl before doing so to determine fees, etc. this is perfectly legal.

Thanks that sounds like a winner.

Trying to make this a found gun on vacation affair - easier than trying to talk the wife into the usual found a gun, need to send ffl routine.

This way it is a "hey look what an awesome deal I just found, coincidentally the night before we leave deal"...

Seemed like a good plan.

LOL. Someone should start a thread about the lengths we go to keep our hobbies "reasonable" in the eyes of our wives.

lol Too true.

As a plus the guy selling it seems paranoid as hell...

I thought hell the father in law can buy it, and maybe gift it to me!

Oh well I find something to buy on my trip...apparently it will not be this rifle...that sucks.

I didn't think you could buy a firearm in a state that you were not a resident of, even if from an FFL, without having it sent to an FFL in your home state.

Am I getting this right that I can walk into any FFL's store in the country and buy a firearm and after the NICS check, walk out with it as long as it's legal in my home state?

I didn't think you could buy a firearm in a state that you were not a resident of, even if from an FFL, without having it sent to an FFL in your home state.

Am I getting this right that I can walk into any FFL's store in the country and buy a firearm and after the NICS check, walk out with it as long as it's legal in my home state?

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase 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 922(b)(3)]


Funny thing is I have bought numerous firearms from classified ads in other states, calling in the serials to make sure they were not on the NCIC list, with no problems.

I also have bought firearms from FFL dealers in other states with no issues, ftf....

Apparently that was wrong.... :uhoh_smal

But yes you can legally buy them in another state if you have your FFL's number and can get him to accept.

Just you cannot take the weapon out of the store...they have to send it back to your home state....

Anyways what a bunch of crap.

.

You can purchase a long arm in any state from a FFL (no private sales) and take it home, no need to have it shipped back assuming its legal in your home state.


From the ATF itself...


.
http://www.atf.treas.gov/firearms/faq/faq2.htm



B. UNLICENSED PERSONS


(B1) To whom may an unlicensed person transfer firearms under the GCA?

A person [B]may sell a firearm to an unlicensed resident of his or her 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 [B]may only buy a firearm within the person's own state, except that he or she 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 the person arranges to obtain the firearm through a licensed dealer in the
purchaser's own state? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase 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]

Well that makes sense. Does not help me with the fellow with the STG I wanted to "find" - buy...

Oh well...screwed...except for the gunstores!!!!!

But good info for sure.

Well that makes sense. Does not help me with the fellow with the STG I wanted to "find" - buy...

Oh well...screwed...except for the gunstores!!!!!

But good info for sure.


justashooter's suggestion of going to a local FFL with the seller would work, then you can take it home as a 'found' gun... all you had to do was 'search' a little deeper for it :wink_smal



.

justashooter's suggestion of going to a local FFL with the seller would work, then you can take it home as a 'found' gun... all you had to do was 'search' a little deeper for it :wink_smal



.

I am gonna try it, today I found a ;) Norinco 1897 Trench Gun from a local guy for 300.00 NIB...

Like I told the wife...what are the odds...wow...what a deal...She said "god your lucky"... :D

I love my wife.

The Kernel knows all

Sales between unlicensed individuals who are residents of the same state are legal under Fed law. Sales between unlicensed individuals who are not residents of the same state are considered "interstate commerce" and therefore require it to go through an FFL.