Buying a firearm across state lines

[Balog]

What are the rules for buying a gun from an FFL dealer when you are at their store in a state you don't reside in? I believe if it's a sale from one private individual to another it's just "take it to a dealer and have them process it as a transfer" right? But I have no idea how stores handle that.

We're probably going to be back in AZ some time this year, and I was thinking of picking up another of those 4" S&W 64's they have so cheap.

[RoadKingLarry]

I think long guns are ok but handguns need to be in state. So an out of state buyer would have FFL ship to a home state FFL.

[vaskidmark]

Both long guns and handguns are OK - they just are handled differently.

Long guns you can take with you after plunking down your money, doing all the paperwork, and getting told you are not a criminal or crazy person.  For handguns you go through the same paperwork and vetting, but the out-of-statre FFL whose shop you are standing in must ship it to a FFL in your state of residence where you will go through the same paperwork and vetting once more because that FFL does not want to take a chance that not doing so is really OK.

Be prepared to pay shipping to your local FFL.  Do not get suckered into anything more than USPS, and Parcel Post is as OK as Overnight Express between FFLs.

stay safe.

[mtnbkr]

IIRC, with long guns, it's only cash and carry if you're in a neighboring state.  If you're several states away, you still have to ship it to your FFL.

I'd like to be told I'm wrong because I plan on taking a trip to Cabelas this summer (out of state) with a buttload of points on my Cabelas Visa.  I was planning on shopping for C&R guns, but if I can bring a long gun home, then I may widen my criteria.

Chris

[makattak]

IIRC, with long guns, it's only cash and carry if you're in a neighboring state.  If you're several states away, you still have to ship it to your FFL.

I'd like to be told I'm wrong because I plan on taking a trip to Cabelas this summer (out of state) with a buttload of points on my Cabelas Visa.  I was planning on shopping for C&R guns, but if I can bring a long gun home, then I may widen my criteria.

Chris

http://www.armedpolitesociety.com/index.php?topic=21484.0

The relevant quote:

We're you in Texas at the time?

http://www.atf.gov/firearms/faq/faq2.htm#b3

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

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]

If the sale is legal in TX and in OH then you can do it.  But there's no law that forces a dealer to sell to you of course.

So, handguns, only in your state. Long guns, any state so long as it is legal to own in your home state and the state in which you are purchasing.

[mtnbkr]

Awesome!  Is that a recent change?  I distinctly remember the rule that the "foreign" state had to share a border with your home state for a transfer-less long gun purchase.

Might come home with something younger than my parents after all. :D

Chris

[makattak]

Awesome!  Is that a recent change?  I distinctly remember the rule that the "foreign" state had to share a border with your home state for a transfer-less long gun purchase.

Might come home with something younger than my parents after all. :D

Chris

I don't know, but the thread is from 2009.

And I just noticed the ATF link is no longer functional. Here's a working link:

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-acquire

[cordex]

Awesome!  Is that a recent change?  I distinctly remember the rule that the "foreign" state had to share a border with your home state for a transfer-less long gun purchase.

http://www.atf.gov/firearms/industry/tip-of-the-month-2010.html

Contiguous States. The “contiguous state” provisions of the Gun Control Act (GCA), as enacted in 1968, allowed nonlicensed purchasers to acquire long guns from Federal firearms licensees (FFLs) located in a State contiguous to the State in which the purchaser resided if (1) the purchaser’s State of residence permitted such sale and (2) the sale fully complied with the legal conditions of sale in both such contiguous states.

This provision of the GCA was amended in 1986 to allow FFLs to sell or dispose of long guns to residents of any other state (not just contiguous states) provided — (1) the transferee meets in person with the FFL to accomplish the transfer; and (2) the sale, delivery and receipt fully comply with the legal conditions of sale in the buyer’s and seller’s States.

A number of States patterned their laws after the original provision of the GCA that allows nonresidents to purchase long guns from FFLs only in contiguous states. Many of those States have not revised their laws to reflect the 1986 amendments to the GCA that allow over-the-counter sales of long guns to residents of any State, as outlined above. This has caused confusion among FFLs, who often read such “contiguous state” State laws as prohibiting sales to residents of noncontiguous states.

ATF does not read State laws that refer to “contiguous states” as prohibiting sales of long guns to residents of noncontiguous states unless the language contained in that State’s law expressly prohibits residents from acquiring firearms outside that State. Thus, if the language in the State laws authorizes sales of long guns to residents of contiguous states, that State law also authorizes the sale of long guns to residents of all other states.

FFLs who have questions about particular State laws should contact their nearest ATF office.

[Monkeyleg]

Long guns can be purchased from an FFL in any state as long as it's a face-to-face transaction. Handguns must go from FFL to FFL. Out of state private transfers are a "no", and some state laws may not allow long gun transfers to or from out of state residents.

[Jim147]

I been in two stores that would not sell any firearms to nonresidents. It's been a few years and I've never been back to see if they changed their policy. It's the stores right to set this policy and it's my right to not spend any money with them.

If your going a distance to look at something, it wouldn't be a bad idea to talk to them first to see how they handle things.

jim

[Scout26]

Yeah, you need to check both states (yours and the one you are planning on purchasing in) to see if it's allowed.  I have seen maps in some gun shops here that show which states Illinois residents can purchase long-guns.  And vice-versa. 

[Tallpine]

Long guns can be purchased from an FFL in any state as long as it's a face-to-face transaction. Handguns must go from FFL to FFL. Out of state private transfers are a "no", and some state laws may not allow long gun transfers to or from out of state residents.

Isn't it great to be a "US citizen" ? 

[Monkeyleg]

In CA, in-state private transfers or (I believe) transfers from FFL to FFL to buyer must go through the DOJ, just the same as out of state transfers. By the time you factor in the state's fees and dealer fees, it's usually about $75. No private transfers without paperwork.

[Angel Eyes]

In CA, in-state private transfers or (I believe) transfers from FFL to FFL to buyer must go through the DOJ, just the same as out of state transfers. By the time you factor in the state's fees and dealer fees, it's usually about $75. No private transfers without paperwork.

Bit of a threadjack: in CA, long guns over 50 years old can be transferred privately (no FFL, no paperwork required) between CA residents.  The usual caveats apply: no selling to somone younger than 18, no selling to someone prohibited from owning firearms.  Also, antiques (made before 1/1/1899) and black powder guns can be transferred privately.

[Bob F.]

So who's got cheap M64's???

[Balog]

JG Sales in Prescott. Tons of bobbed hammer ones for $269-279 I believe.