The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old September 27, 2011, 08:17 PM   #1
NukemJim
Senior Member
 
Join Date: December 17, 2002
Posts: 279
Out of state handgun repair

If a person lives in one state ( Illinois ) who stores a gun at a family members house in another state ( Indiana ) is it a violation of federal or state law for the handgun owner to drop the handgun off at a gunsmith (based out of a FFL gunstore/range) to have it worked upon?

Rather odd question anyone who knows please jump in

Thank you

NukemJim
__________________
"Half of being smart is knowing what you are dumb at"

"Guns shoot bullets.
People shoot people."
NukemJim is offline  
Old September 27, 2011, 10:26 PM   #2
MLeake
Senior Member
 
Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
You can ship a handgun directly to an FFL (including refinishing and repair places that are licensed), and they can ship it directly back to you, so normally what you suggest wouldn't be a problem.

Your Illinois residence adds a separate problem, though. I'm also not sure about the legality of your storing the weapon in Indiana... You might want to check with a lawyer.
MLeake is offline  
Old September 28, 2011, 08:31 PM   #3
Goidel
Member
 
Join Date: May 26, 2009
Location: Crook Cty Illinois
Posts: 26
Are you aresident of Cook County?
Goidel is offline  
Old September 28, 2011, 10:41 PM   #4
Aguila Blanca
Senior Member
 
Join Date: September 25, 2008
Location: CONUS
Posts: 6,503
In which of the two states would this hypothetical gunsmith be located?
Aguila Blanca is offline  
Old September 29, 2011, 06:06 PM   #5
NukemJim
Senior Member
 
Join Date: December 17, 2002
Posts: 279
Quote:
You can ship a handgun directly to an FFL (including refinishing and repair places that are licensed), and they can ship it directly back to you,
I want to DROP it off at the smith not ship it please see OP " handgun owner to drop the handgun off at a gunsmith "

Quote:
Are you aresident of Cook County?
Not a resident of Cook County.

Quote:
In which of the two states would this hypothetical gunsmith be located?
Indiana

NukemJim
__________________
"Half of being smart is knowing what you are dumb at"

"Guns shoot bullets.
People shoot people."
NukemJim is offline  
Old September 29, 2011, 06:19 PM   #6
MLeake
Senior Member
 
Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
NukemJim, to simplify the point - if you can ship it to a maintenance facility, then you can certainly hand deliver it to a maintenance facility.
MLeake is offline  
Old September 29, 2011, 10:11 PM   #7
44 AMP
Staff
 
Join Date: March 11, 2006
Location: Upper US
Posts: 11,525
Quote:
to simplify the point - if you can ship it to a maintenance facility, then you can certainly hand deliver it to a maintenance facility.
Not necessarily. The devil is in the details, specifically where the repair facility is, and where you are, and the local laws for each.

For example, I could ship a handgun to a repair facility in New York State (and they could ship it back when finished), but I would be breaking NY law if I were to hand deliver it, because I'm not a NYS resident with a permit for that specific handgun. So I would be illegally in posession (of my own gun) from the time I crossed the NYS border until I tranferred it to the repair shop. And, of course, I could not pick it up in person, for the same reasons. But I could ship it, and recieve it back legally.

Other states have other laws, so what applies depends on the specific situation, and locations. The OP states he's in Illinois, the gun in Indiana, but doesn't say where the shop in question is, or if he is legal to have the gun where the shop is.
__________________
All else being equal (and it almost never is) bigger bullets tend to work better.
44 AMP is offline  
Old September 29, 2011, 10:45 PM   #8
Aguila Blanca
Senior Member
 
Join Date: September 25, 2008
Location: CONUS
Posts: 6,503
I asked which state the shop is in and he answered Indiana. So the gun and the shop are already in the same state ==> NO interstate commerce. Under the circumstances, I don't see how it makes any differences that Mr. Nukem lives in Illinois. As long as he complies with Indiana law regarding transport, he can drop the gun off at the shop without being subject to any federal laws based in interstate commerce. It's all within Indiana.
Aguila Blanca is offline  
Old September 29, 2011, 11:21 PM   #9
MLeake
Senior Member
 
Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
44 AMP, good point, if the shop were in NY, or Illinois. According to the OP, the gun repair shop is in Indiana; last I checked, Indiana is very permissive, and I'm assuming that transporting/possessing the gun in Indiana would be legal. (IIRC, for example, Indiana recognizes any CCW permit from any state, no official reciprocity required.)

I'm not sure that the OP is fully in the clear keeping a gun in Indiana, where he does not live, but that's a separate issue.
MLeake is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 01:09 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.07303 seconds with 9 queries