View Single Post
Old May 15, 2017, 06:02 PM   #9
dogtown tom
Senior Member
 
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,097
Good grief.
There's more than a few posts that show a horrible understanding of Federal gun laws. Some of you need to stop posting until you've spent thirty minutes at atf.gov reading up. Your advice, while well intentioned, is in some cases going to cause someone to commit a felony.


Quote:
Dr Big Bird PhD ....The specific questions I have are below:

If I make an online purchase or arrange a private transfer:
-Do I need a GA license to receive an FFL transfer, and does it matter if it comes from in-state or out of state?
All interstate transfers of firearms require that the transfer go through a licensed dealer. There are exceptions for the return of a repaired firearm and bequests.
Federal law says you need a government issued photo ID that shows your current residence address. If you do not have a GA drivers license, you can use a combination of government issued documents to meet the requirement. Be aware that some dealers don't bother reading the instructions on the Form 4473 where it explains this.

If you show up at a gun store outside of California its likely the dealer will refuse the sale......because California law prohibits the direct transfer of a firearm to a California resident while outside California. With a CA drivers license the dealer will assume you are actually a CA resident.



Quote:
-Do I need a GA license to make the private purchase of a used firearm in person?
Federal law doesn't address ID requirements for private party firearm transactions.



Quote:
Now, let's assume that I have a GA driver's license and wish to transfer to the firearm back to CA at the end of my project:
-If I am making the FFL transfer back to myself in CA, what states will I need their respective state license for, and how should I go about this?
Most states don't require or even have a "state license". Before attempting to return to California with a firearm, you need to verify that it is legal to possess in CA.



Quote:
-Since I will be moving back to CA, would it simply be better to sell the firearm at the end of my stay here?
If it is a prohibited firearm you may have no choice.



Quote:
NHSHOOTER I am sure there is a state agency you could contact for all the information you need..
I would bet that not a single state agency in the fifty states knows the firearm laws of the other 49 states....and why would they?


Quote:
g.willikers You can buy long guns in another state that's not your actual residency.
But it has to be from a genuine dealer, not an individual unless the sale goes through a dealer.
There's also additional legal considerations concerning the legality of the type of firearm in both your home state as well as the state of purchase.
For that reason alone, many dealers won't want to get involved, especially with a potential buyer from restrictive states like California.
Unfortunately handguns are verboten.
On the other hand you could go ahead and establish Georgia residency, get a Georgia drivers license and stay there, instead of going back to California.
1. OP is a resident of GA because that is where he is making his home.
2. For the purposes of acquiring firearms under Federal law, there is no "establishing residency".......if you live in a state with the intent to make it your home you are a resident of that state. See ATF Ruling 2010-6 State of Residency.
3. OP can buy any firearm of any type while he is living in GA because he is a GA resident. It matters not one bit where he votes, pays taxes or where his DL is from.
4. GA law (as in many states) requires a new resident to obtain a GA drivers license within 30 days.




Quote:
jmr40 Long guns purchased at a local gun shop aren't a problem. Handguns are a no-no.
You would be wrong. If the OP is a bonafide resident of GA he can buy the same firearms as any other resident of GA.




Quote:
62coltnavy IF you retain your California residency, then you may not legally purchase a handgun in Georgia. IF you become a Georgia resident, then you can buy anything you want.
Well, no.
For the purposes of acquiring a firearm, you are a resident of the state where you make your home. ATF's interpretation of "residency" is so broad and liberal we should thank them. You don't "retain" residency, you don't "become" a resident......by merely living in a state with the intent to make it your home YOU ARE a resident.



Quote:
If you legally acquire a firearm in Georgia (per the above) you may bring it to California when you move here with the following restrictions: 1. You cannot bring any 10+ mags. (So you should only buy a gun that has 10 round magazines available, or a gun with a lower capacity.) The handgun does NOT need to be on the roster, and you do not have to process a transfer through an FFL. 2. You are required to report the gun to California DOJ within 60 days of arrival. there is a form and a filing fee ( $19 if memory serves). They WILL do a background check on you at that time.
Are you sure? 'Cause you were flat wrong on residency.

ATF Ruling 2010-6 State of Residence
https://www.atf.gov/firearms/docs/ru...dence/download
__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers)

Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE
dogtown tom is offline  
 
Page generated in 0.02874 seconds with 8 queries