The Firing Line Forums

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

Reply
 
Thread Tools
Old January 18, 2010, 09:12 PM   #1
OptimusGrime
Junior Member
 
Join Date: March 15, 2009
Posts: 8
Living in Illinois and buying a Gun in Missouri

Would this be legal? I live in Collinsville, IL and there is a large Cabelas store in Missouri that I want to buy a Stoeger coach gun from...would it be legal for me to go pick it up one day? Would I have to wait the 24hrs required by IL law to pick it up? I have searched for it on the forum here and I could not find conclusive proof. Any experience with this would be great!

Thanks in advance guys!
OptimusGrime is offline  
Old January 18, 2010, 10:57 PM   #2
ADB
Senior Member
 
Join Date: February 28, 2009
Posts: 399
I could be wrong, but I believe you would have to have them ship it to an FFL in IL, then pick it up there.
ADB is offline  
Old January 19, 2010, 01:44 AM   #3
raimius
Senior Member
 
Join Date: January 27, 2008
Posts: 1,317
From the ATF's faq: (bold mine)
Quote:
: 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]
So, as long as you are buying a rifle or shotgun from an FFL in a face-to-face sale, and aren't breaking any state laws, you should be good.
raimius is offline  
Old January 19, 2010, 06:56 AM   #4
blume357
Senior Member
 
Join Date: August 2, 2005
Location: Greenville, SC
Posts: 3,943
Call the Cabelas store and ask for the manager of the gun dept.

Ask them... not sure where the store is exactly, how close to IL. but I bet they will know what you need to do. Sounds from the above quoted law Federally you can... now whether you can per Illinois law (with all the need for a Foid card and such) or even Missouri law is a whole nuther can of brass.
blume357 is offline  
Old January 19, 2010, 09:12 AM   #5
OptimusGrime
Junior Member
 
Join Date: March 15, 2009
Posts: 8
Thanks guys! Yeah I posted this a bit late last night and was planning on calling the store today, but I wanted to have some good background info at least. Seems as if it would be ok as long as the manager is willing to sell it to me.
OptimusGrime is offline  
Old January 19, 2010, 10:53 AM   #6
Technosavant
Senior Member
 
Join Date: May 29, 2007
Location: St. Louis, MO area
Posts: 3,879
According to MO law you should be good to go (going to Hazelwood Cabela's at the Mills, eh?). The thing is, firearm laws when crossing state borders get sticky because the more restrictive of the two sets applies.

Being an MO resident, I could leave my office right this minute, be at Cabela's inside 20 minutes, make the purchase, and be back in my office with that shotgun in about an hour (depending on how quick their process is). As an IL resident, you'll need to show your FOID and likely wait 24 hours (call the store to confirm, but that's how I understand the laws to apply). If I were to buy that same shotgun over in Belleville, I'd also have to make it a two trip deal because of IL law (but since there's no need for a non-IL resident to have or get a FOID according to IL law, I wouldn't need that).
Technosavant is offline  
Old January 19, 2010, 06:33 PM   #7
OptimusGrime
Junior Member
 
Join Date: March 15, 2009
Posts: 8
Hazelwood Cabela's is the place indeed. I saw it for a decent price there and was hoping to pick it up without making two trips...ah well seems as if I will have to make a two part trip...not such a bad deal when you are going to Cabelas though.
OptimusGrime is offline  
Old January 20, 2010, 12:20 AM   #8
sonick808
Senior Member
 
Join Date: November 19, 2009
Location: Chandler, AZ
Posts: 396
why would this even be an issue ?

He's in missouri, adhering to missouri law, where's the beef ?

As long as the weapon is legal to own and legally transported in Illinois, I don't see what the problem is ?

I'm not saying there COULDN'T be a problem, just that it wouldn't make a lick of sense. When in Missouri, abide by Missouri laws, right ? IL law doesn't follow you around to different states, that would violate state sovereignty i'm pretty sure
sonick808 is offline  
Old January 20, 2010, 01:36 AM   #9
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,657
Quote:
Originally Posted by sonick808
...He's in missouri, adhering to missouri law, where's the beef ?...
See post 3. -- The OP is a resident of Illinois. Therefore, he may buy a long gun from a dealer in Missouri, but the transfer would have to comply with both Missouri and Illinois law.
Frank Ettin is offline  
Old January 20, 2010, 11:50 AM   #10
Technosavant
Senior Member
 
Join Date: May 29, 2007
Location: St. Louis, MO area
Posts: 3,879
Quote:
I'm not saying there COULDN'T be a problem, just that it wouldn't make a lick of sense. When in Missouri, abide by Missouri laws, right ? IL law doesn't follow you around to different states, that would violate state sovereignty i'm pretty sure
As I pointed out, the federal law on selling firearms to residents of other states requires that the more stringent of the laws in the given states be followed. Missouri is rather permissive when it comes to firearm sales- pick it out, plunk down the cash, fill out the 4473 and endure the NICS check, you're done. Take it home. Takes all of five minutes. However, if you come from a more restrictive state, their rules will apply too.

Federal law is able to do this because technically this is an interstate sale- the firearm is crossing state lines, thereby coming under federal regulation. The seller is furthermore a Federal Firearms License holder, and there's regulations with that (private sales across state lines are verboten) as well.
Technosavant is offline  
Old January 20, 2010, 03:36 PM   #11
brickeyee
Senior Member
 
Join Date: December 29, 2004
Posts: 3,342
Quote:
As I pointed out, the federal law on selling firearms to residents of other states requires that the more stringent of the laws in the given states be followed.
The federal law requires that the laws of BOTH states be followed.

It makes no judgment as to "more stringent."
brickeyee is offline  
Old January 20, 2010, 04:10 PM   #12
Technosavant
Senior Member
 
Join Date: May 29, 2007
Location: St. Louis, MO area
Posts: 3,879
Quote:
The federal law requires that the laws of BOTH states be followed.

It makes no judgment as to "more stringent."
If you have two states' laws that are not equal, in order to follow both states' laws, you have to follow the more stringent of the two where they overlap. I'd have said that the laws are cumulative, but that also isn't strictly correct- if both states have a 24 hour waiting period (not true in this case, but for the sake of argument), the wait does not become 48 hours.

There's really no good way to put it in one sentence that's going to satisfy people who want to split hairs.

In short, you don't get to ignore a law from either state, either the one where the FFL is located or the state of residence of the recipient. If they are identical, so be it, but if one is more stringent than the other, that is the one that you will be expected to follow. In this case, it is the waiting period. MO has none. IL does. IL's takes precedence.
Technosavant is offline  
Old January 20, 2010, 04:16 PM   #13
brickeyee
Senior Member
 
Join Date: December 29, 2004
Posts: 3,342
Quote:
There's really no good way to put it in one sentence that's going to satisfy people who want to split hairs.
Then do it the same way the federal law does.

The rules of both states must be followed.

No there is no ambiguity.

HOW you meet both requirements is not the same as saying they both must be followed.
brickeyee is offline  
Old January 20, 2010, 04:26 PM   #14
foghorn leghorn
Senior Member
 
Join Date: January 18, 2010
Location: In a Van down by the River
Posts: 181
I think they offer a free ship between stores.
__________________
ΜΟΛΩΝ ΛΑΒΕ
Liberate America... Free the Republic
-NRA Life Member-
foghorn leghorn 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 05:53 PM.


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 0.09850 seconds with 9 queries