Buying Out Of State

damien2 · May 4, 2007, 12:57 PM

I posted this question over at THR and they said that there was more expertise here so please don't mind that I reposted this question

.

I live in Illinois and have a pretty good collection. For some time I have been itching to pick up something full auto to complement the collection. Obviously, this is frowned on in Illinois. I live near the border with Indiana. Additionally, I visit both Nevada and Texas twice a year.

So it dawns on me that NFA weapons are expensive and keep going up. Some day I am going to move out to Texas to escape the hellhole that is Illinois. Texas has the sort of high tech jobs in Dallas and Austin that I do and the political climate suits me better. But I can't make this move yet.

What I want to do is buy a Class-3 gun in another state and keep it there. I want to do everything legally. I own a subchapter-S Illinois corporation. It is an ongoing 7 year old corporation that I use for consulting work and is going to continue into the future. How can I set this up?

I know the GCA prohibits purchasing handguns in states other than your residence. There is no prohibition on long guns. If I could find a shop willing to store a gun for me (or a bank safe deposit box - some are 24" deep which is more than enough for an AR-15 lower), would it be possible, feasible, and legal to use the corporation to buy a long gun in a NFA state and simply store it there?

Once purchased, what does it take to move an NFA gun to a different NFA state?

Any ideas would be greatly appreciated. Thank you.

raymond- · May 4, 2007, 01:35 PM

your (S) Corp must be registered with Sec of State as a viable and active
entity within that state you wish to purchase from (and store) in regards
to Title 2 firearm. you can do this by filing and establishing that corp
as a foreign corp..

safety deposit box idea is just fine.

interstate travel is subject to form 5320.20 approval

James K · May 4, 2007, 02:21 PM

I think I would want to run that one by BATFE. The corporation would have to be registered in the other state, and might have to be independent, not just a branch office. I would think that some kind of premises would be needed for legal purposes, plus BATFE will not approve transfer to a P.O. Box address.

You would then apply for a transfer to the corporation, which would bypass the CLEO checkoff. I don't know whether BATFE has any restrictions on those transfers or not. At one time, they were talking about requiring a corporation to show that a machinegun was needed for their operations, not just a toy for corporate execs.

Once the corporation has possession of the gun, the method of storage would not be a problem, but it should be reasonably secure. A bank vault should be fine.

Jim

damien2 · May 4, 2007, 02:34 PM

Maybe I should make this easy on myself and just move up my relocation to Texas!

shaggy · May 4, 2007, 04:33 PM

If you don't want to set up a corp in the other state, what you can do is buy it, but not take possession. Find the gun you want and a well known, well respected FFL/SOT who you trust. Buy the NFA weapons you want and have them sent to the FFL/SOT for holding. It may also be a good idea to have a written agreement with the FFL/SOT and you may have to pay a little for storage and holding the guns. Keep copies of all your cancelled checks or proof of payment to the seller for the NFA weapons. The FFL/SOT will keep the NFA weapons on their books until such time as you move and want to do the F4's. The biggest drawback here is that you cannot shoot your guns untill you do the F4's, or unless you get the FFL/SOT to take you shooting while the weapons are on his books.

damien2 · May 4, 2007, 05:02 PM

shaggy,

That is a good idea. It would make the most sense to find a place that has a range on site (like The Gun Store in Vegas - I'm sure there are others) Under that circumstance it must be OK to shoot as they already rent MGs out anyway.

May 4, 2007, 12:57 PM	#1
damien2 Junior Member Join Date: May 4, 2007 Posts: 3	Buying Out Of State I posted this question over at THR and they said that there was more expertise here so please don't mind that I reposted this question . I live in Illinois and have a pretty good collection. For some time I have been itching to pick up something full auto to complement the collection. Obviously, this is frowned on in Illinois. I live near the border with Indiana. Additionally, I visit both Nevada and Texas twice a year. So it dawns on me that NFA weapons are expensive and keep going up. Some day I am going to move out to Texas to escape the hellhole that is Illinois. Texas has the sort of high tech jobs in Dallas and Austin that I do and the political climate suits me better. But I can't make this move yet. What I want to do is buy a Class-3 gun in another state and keep it there. I want to do everything legally. I own a subchapter-S Illinois corporation. It is an ongoing 7 year old corporation that I use for consulting work and is going to continue into the future. How can I set this up? I know the GCA prohibits purchasing handguns in states other than your residence. There is no prohibition on long guns. If I could find a shop willing to store a gun for me (or a bank safe deposit box - some are 24" deep which is more than enough for an AR-15 lower), would it be possible, feasible, and legal to use the corporation to buy a long gun in a NFA state and simply store it there? Once purchased, what does it take to move an NFA gun to a different NFA state? Any ideas would be greatly appreciated. Thank you.

May 4, 2007, 01:35 PM	#2
raymond- Senior Member Join Date: June 17, 2006 Location: Seattle, WA Posts: 179	your (S) Corp must be registered with Sec of State as a viable and active entity within that state you wish to purchase from (and store) in regards to Title 2 firearm. you can do this by filing and establishing that corp as a foreign corp.. safety deposit box idea is just fine. interstate travel is subject to form 5320.20 approval __________________ raymond- 47.5N 122.2W

May 4, 2007, 02:34 PM	#4
damien2 Junior Member Join Date: May 4, 2007 Posts: 3	Hmm Maybe I should make this easy on myself and just move up my relocation to Texas!

May 4, 2007, 05:02 PM	#6
damien2 Junior Member Join Date: May 4, 2007 Posts: 3	Thanks! shaggy, That is a good idea. It would make the most sense to find a place that has a range on site (like The Gun Store in Vegas - I'm sure there are others) Under that circumstance it must be OK to shoot as they already rent MGs out anyway.

May 4, 2007, 02:21 PM	#3
James K Member In Memoriam Join Date: March 17, 1999 Posts: 24,383	I think I would want to run that one by BATFE. The corporation would have to be registered in the other state, and might have to be independent, not just a branch office. I would think that some kind of premises would be needed for legal purposes, plus BATFE will not approve transfer to a P.O. Box address. You would then apply for a transfer to the corporation, which would bypass the CLEO checkoff. I don't know whether BATFE has any restrictions on those transfers or not. At one time, they were talking about requiring a corporation to show that a machinegun was needed for their operations, not just a toy for corporate execs. Once the corporation has possession of the gun, the method of storage would not be a problem, but it should be reasonably secure. A bank vault should be fine. Jim

May 4, 2007, 04:33 PM	#5
shaggy Senior Member Join Date: October 9, 2004 Posts: 1,519	If you don't want to set up a corp in the other state, what you can do is buy it, but not take possession. Find the gun you want and a well known, well respected FFL/SOT who you trust. Buy the NFA weapons you want and have them sent to the FFL/SOT for holding. It may also be a good idea to have a written agreement with the FFL/SOT and you may have to pay a little for storage and holding the guns. Keep copies of all your cancelled checks or proof of payment to the seller for the NFA weapons. The FFL/SOT will keep the NFA weapons on their books until such time as you move and want to do the F4's. The biggest drawback here is that you cannot shoot your guns untill you do the F4's, or unless you get the FFL/SOT to take you shooting while the weapons are on his books.