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Old October 22, 2011, 08:46 PM   #1
Red Dog
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Buying out of state

With the holidays approaching:
If I drove out of state and purchased a gun would this be legal?
Would my out of state id be good.
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Old October 22, 2011, 09:05 PM   #2
dogtown tom
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Quote:
Red Dog With the holidays approaching:
If I drove out of state and purchased a gun would this be legal?
Would my out of state id be good.
You can only acquire rifles and shotguns, handguns would require that they be transferred through a dealer in your state of residence.

From the ATF FAQ's:
Quote:
Q: 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]
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Old October 22, 2011, 10:37 PM   #3
medalguy
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Dogtown Tom is right, but to the point:

If I drove out of state and purchased a gun would this be legal? NO
Would my out of state id be good SURE BUT NOT FOR THE PURCHASE OF A FIREARM.
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Old October 23, 2011, 12:42 AM   #4
dogtown tom
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Quote:
medalguy Dogtown Tom is right, but to the point:

If I drove out of state and purchased a gun would this be legal? NO
Would my out of state id be good SURE BUT NOT FOR THE PURCHASE OF A FIREARM.
Ummmmm...............what?

It is COMPLETELY legal for the OP to purchase rifles and shotguns from a dealer when he is out of state. (see the citations to the CFR above)

As his drivers license is a government issued photo ID it is perfectly acceptable.

Please explain why he cannot purchase rifles or shotguns and why his drivers license could not be used to purchase a firearm.
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Old October 23, 2011, 09:34 AM   #5
Frank Ettin
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[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL.

[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
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Old October 23, 2011, 09:54 AM   #6
chris in va
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It's quite simple.

Drive to another state (that allows such transactions), find a handgun you like...pay for it and that FFL will send it to your FFL back in your state of residence. Usually they require two forms of ID containing your current address, CC permits are a good one.

If you're buying from an individual, they'll have their FFL ship it to yours. Some gun stores don't require it to come from one, just check and see.

Fiddletown broke it down for you nicely.
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Old October 23, 2011, 10:46 AM   #7
dogtown tom
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Quote:
chris in va:...Usually they require two forms of ID containing your current address...
Not true. All that is required is a valid, government issued photo ID.
Any dealer that require two forms of ID is inventing his own laws.
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Old October 23, 2011, 06:46 PM   #8
oneounceload
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Quote:
If I drove out of state and purchased a gun would this be legal?
Quote:
It is COMPLETELY legal for the OP to purchase rifles and shotguns from a dealer
Therein lies the difference
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Old October 23, 2011, 07:44 PM   #9
Red Dog
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I find it interesting that some states allow Texas CHL for CC, but wouldn't extend the same courtesy for purchasing. I guess there's some state vs federal law there.
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Old October 23, 2011, 07:55 PM   #10
Frank Ettin
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Quote:
Originally Posted by Red Dog
I find it interesting that some states allow Texas CHL for CC, but wouldn't extend the same courtesy for purchasing. I guess there's some state vs federal law there.
Federal law is key here. Federal laws controls with regard to interstate transfers of guns.
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Old October 23, 2011, 09:48 PM   #11
dogtown tom
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Quote:
oneounceload
Quote:
Quote:
If I drove out of state and purchased a gun would this be legal?
Quote:
Quote:
It is COMPLETELY legal for the OP to purchase rifles and shotguns from a dealer
Therein lies the difference
I know there is a difference.
I asked him why he said the OP could not go out of state to purchase a firearm.


Quote:
Red Dog I find it interesting that some states allow Texas CHL for CC, but wouldn't extend the same courtesy for purchasing. I guess there's some state vs federal law there.
Do not confuse "reciprocity" or state recognition of a concealed handgun licenses with what permits are acceptable as an exemption to the Brady Law.

Not all state firearm permits are recognised by ATF as acceptable exemptions due to the depth of the background check or the time period the permit is valid. Typically, "lifetime" permits do not pass muster.
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Old October 23, 2011, 11:52 PM   #12
medalguy
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My post was referring to Dogtown Tom's comment that:

You can only acquire rifles and shotguns, handguns would require that they be transferred through a dealer in your state of residence.

In other words, he could not legally consumate the purchase a handgun from someone out of state, and his ID would not be any good in purchasing a handgun since it would need to be sent to a FFL in his state. The selling dealer would need a copy of the receiving FFL's license, not the ultimate purchaser's ID.
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Old October 24, 2011, 08:14 AM   #13
oneounceload
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Quote:
I know there is a difference.
I know YOU do, it seems others here do not - that was my point
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Old October 24, 2011, 09:57 AM   #14
brickeyee
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Quote:
Any dealer that require two forms of ID is inventing his own laws.
Or is complying with a state law.

Quote:
A primary and secondary form of identification must be presented to the firearms dealer at the time of purchase of any firearm except an antique weapon, or replica of an antique weapon.
http://www.vsp.state.va.us/Firearms_VFTP.shtm

Virgina has had such a low for a while now.
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