The Firing Line Forums

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

Reply
 
Thread Tools
Old September 15, 2012, 12:52 PM   #1
Gunther45
Junior Member
 
Join Date: September 15, 2012
Posts: 2
CCW to purchase out of state?

I was wondering if WV CCW is allowed to purchase a handgun in any other state without transferring it.

My mother moved to WV and didn't even want a gun , then she got a 870 for Home protection which I tactical-ed out with light,laser,and fore grip and put a Knoxx on to reduce the recoil for her. She over 60 so as amusing as that is with a tactical shotgun the Knoxx is a must, IMHO.
Now she want's a handgun so I took her to the hardware store to look at their very limited selection. I also told her that if she gets a handgun ,she should get a CCW. My question is going to be for her second handgun (which I know after she starts shooting more she will get, I know my mom ). I tell her she needs to shoot a handgun before buying it. So I want a place where they have a range but a very large selection of handguns and that would most likely be out of WV. I gave her a list of what I recommend but it's not what I think it's what is best for her that she likes and is comfortable with.

Any info or even if someone knows of good WV places that would be appreciated.

Thank You
Gunther45 is offline  
Old September 15, 2012, 01:03 PM   #2
MLeake
Senior Member
 
Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
No.

Federal law requires purchase via residence state face to face, or via transfer through residence state FFL. CCW does not bypass this.

CCW may bypass waiting periods in some states.

States may impose additional restrictions.
MLeake is offline  
Old September 15, 2012, 07:48 PM   #3
hermannr
Senior Member
 
Join Date: March 24, 2011
Posts: 730
If she goes to VA and finds a handgun she likes, she will have to have the FFL in VA send the handgun to a FFL in WV, and then she can pick it up there.

Only one of the places that the GCA68 infringes on our 2A rights.

Last edited by hermannr; September 15, 2012 at 07:54 PM.
hermannr is offline  
Old September 16, 2012, 02:35 AM   #4
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,700
Quote:
Originally Posted by Gunther45
I was wondering if WV CCW is allowed to purchase a handgun in any other state without transferring it....
The short answer is "no."

For a the more complete answer, here's the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

[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. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).

[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] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

Here's what the statutes say:
Quote:
18 U.S.C. 922. Unlawful acts

(a) It shall be unlawful—
...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
....

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
...
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Frank Ettin is offline  
Old September 16, 2012, 07:09 PM   #5
Gunther45
Junior Member
 
Join Date: September 15, 2012
Posts: 2
Thanks,
I wasn't sure I thought I was at a VA gun show and for some reason thought NC or SC could because of some special reciprocity but I must be mistaken. The 1/2 hour thing didn't matter with the NIC .I just think it seems a little wrong to waste the time of a place that will allow you to try the guns if you can get it for $100 less online and transfer it to your local FFL.

Anyone know of a place with a good selection of Compact and Sub Compact 9mm's in WV?
Gunther45 is offline  
Old September 17, 2012, 05:41 AM   #6
thedudeabides
Senior Member
 
Join Date: August 22, 2012
Posts: 990
Some retailers won't even entertain the possibility of a FFL transfer because they don't want to bother with the paperwork and shipping.

Your hands are essentially tied to buy from online vendors in most situations when it comes to convenience.
thedudeabides is offline  
Old September 17, 2012, 06:34 PM   #7
Rj1972
Senior Member
 
Join Date: December 16, 2010
Posts: 129
Quote:
Originally by Gunther45:
I just think it seems a little wrong to waste the time of a place that will allow you to try the guns if you can get it for $100 less online and transfer it to your local FFL.
I understand that mentality, however the fact of the matter is your mother IS buying something if she's at their range shooting it. The place I frequent has a huge supply of guns (in Texas, sorry) but I've rented around 25 guns. Not because I planned on buying all of them, but because I wanted to try them. And I don't feel bad, because I'm spending $ on range fees and ammo. And I'm that guy who has to buy a candy bar if he stops at a convenience store to use the bathroom or I feel guilty.
Rj1972 is offline  
Old September 24, 2012, 09:25 PM   #8
jon_in_wv
Senior Member
 
Join Date: August 22, 2004
Posts: 664
It would help to know WHERE in WV. PM me if she is in the Harrison County area.
__________________
Why has INTEGRITY become such a rare commodity?
jon_in_wv is offline  
Old September 25, 2012, 06:31 AM   #9
Kreyzhorse
Senior Member
 
Join Date: April 12, 2006
Location: NKY
Posts: 11,482
Frank pretty much covered it and the answer is no.

You can buy it and have it shipped through an FFL though and that is pretty painless. Some dealers might even work together and do it at not cost.
__________________
"He who laughs last, laughs dead." Homer Simpson
Kreyzhorse 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 07:21 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 0.08637 seconds with 7 queries