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Old October 4, 2017, 05:52 PM   #1
Prof Young
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Is this an accurate statement . . .

The only requirement, that applies to the legal purchase of a fire arm from a licensed fire arms dealer, in all 50 states, is passing the federally mandated background check. Other than the federal back ground check, the laws vary from state to state.

Right?


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Old October 4, 2017, 06:10 PM   #2
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Yes. For instance, CA has a 10 day waiting period and you must pass the CA background check as well.
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Old October 4, 2017, 06:50 PM   #3
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Well, accurately filling out the form and providing ID, too.
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Old October 4, 2017, 07:09 PM   #4
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And being of legal age....
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Old October 5, 2017, 12:45 AM   #5
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And a state resident for anything other than rifles or shotguns.
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Old October 5, 2017, 01:05 AM   #6
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Far as I know, yes. Why do you ask?
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Old October 5, 2017, 03:03 AM   #7
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Yup, On a federal level just a NICS check, Anything more is piled on by the state.
In some states your carry permit/license can be used in place of a NICS check.

The passed that in Ohio but my license is before the date it went into effect so I can't use my CHL for NICS till I get it renewed.

Oh and as someone said handguns can only be bought in your home state.
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Old October 5, 2017, 06:21 AM   #8
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With the addition of age, as 44 AMP mentioned, yes. Although . . . . You have to include your DOB on the 4473, but I don't know if NICS would actually deny someone based on age, or if it only screens for crimes & commitments.
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Old October 5, 2017, 06:55 AM   #9
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I would guess, although I don't know, that date of birth info is used and part of the identification as well as proving your age.

Further, one CAN purchase a firearm out of state and have it shipped to an FFL in his own state.
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Old October 5, 2017, 12:54 PM   #10
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I ask because . . .

Son of Scuba:
I ask because I am trying to help a lot of "non-gun" people understand the laws and how they work. Wanted to make sure I understand them myself. And when I write about passing the federally mandated check I mean to include DOB, age, state of residence etc. all the info one would need to pass that check.

Thanks to all for all the input.

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Old October 5, 2017, 06:05 PM   #11
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You're a good citizen for trying.
It's hard to put into simple phrase how many hurdles, tubes and ditches might need to be navigated for legal purchase.

My canned response to "it's easy to get a gun on the internet" is:
"You should try it, and when you get out of the pokey in 10 years let me know how easy it was." That's as close as I can get to a "simple phrase" anymore.
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Old October 5, 2017, 07:05 PM   #12
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The FFL system is actually one of the easier things to understand in the gun laws. (That's not saying much)

I remember the day after the Vegas shooting one of the white house reporters asked about gun control measures such as back ground checks, I thought.. didn't y'all win that debate decades ago?

Last I checked it's a minimum requirement in all states.
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Old October 5, 2017, 07:09 PM   #13
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Quote:
I remember the day after the Vegas shooting one of the white house reporters asked about gun control measures such as back ground checks, I thought.. didn't y'all win that debate decades ago?

Last I checked it's a minimum requirement in all states.
They undoubtedly meant for intrastate transactions amongst non federally licensed parties.
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Old October 5, 2017, 09:53 PM   #14
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They undoubtedly meant for intrastate transactions amongst non federally licensed parties.
In state sales though an FFL require the "instant" phone call check. Intrastate (from one state to another) requires FFL to FFL and no check is made between FFLs (the receiving FFL has a license, so no check). The receiving FFL will run the check when the gun is transferred to you.
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Old October 5, 2017, 10:28 PM   #15
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Good deal, Prof Young! I'm trying to do the same thing with this suppressor bill. There is so much mis-information floating around the web. We need to be willing to explain fact from fiction to our online friends.
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Old October 5, 2017, 11:11 PM   #16
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Quote:
Originally Posted by 44 AMP View Post
In state sales though an FFL require the "instant" phone call check. Intrastate (from one state to another) requires FFL to FFL and no check is made between FFLs (the receiving FFL has a license, so no check). The receiving FFL will run the check when the gun is transferred to you.


That's interstate.

Intrastate means within the same state. As the poster above stated, for non FFL holders (private parties, typically) no background check is required by federal law.

In some circles they call this the "Gun show loophole" and nowadays the "online sale loophole". I guess next year maybe they will call it the "Twitter" loophole, or if they address digital media entirely, it could be the "Bulletin board at the laundromat" loophole!
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Old October 6, 2017, 02:08 AM   #17
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The dealer can refuse to sell to someone, so I suppose approval from the dealer would count as a requirement.
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Old October 6, 2017, 05:30 PM   #18
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I've seen a few guys . . . .

DukeNukem: Well, I hate to be unkind, but I've seen a few guys in gun stores that I'm not sure I'd sale too if it was my store. I remember this one guy with a scraggy beard and wild hair, a white guy and very unkempt, who was very intently intense on getting an AK47 as soon as he could. Kinda scary . . .

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Old October 6, 2017, 08:25 PM   #19
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Besides passing the NICS and any state mandated checks, your answers to the ATF form 4473 may bar the sale to you. I am not sure if the 4473 is part of the background check, but believe that in many states it is retained by the selling dealer.
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Old October 8, 2017, 04:27 AM   #20
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And a state resident for anything other than rifles or shotguns.
Can someone elaborate on that a bit more . I always thought you must be a resident of the state you buy the gun in regardless of what type of firearm ?

I'm in CA and that Quote would seem to say I could legally buy a 10/22 or ACR in Oregon state through an FFL up there . Is that accurate ???

To be clear the question has nothing to do with if it would be legal to bring it back to CA . This is just a question about buying any rifle in a state in which I'm not a resident .
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Old October 8, 2017, 10:35 AM   #21
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Im not sure how it would work since you have tighter restrictions in CA.

But the statement is true, Under the law you can buy long guns outside of your state, handguns must be transferred only in your state.

You could buy a handgun out of state but they'd have to ship it back to a FFL in you your home state to make the transfer.

I would imagine they justify the rule for hunters.. like you go out of state and need a rifle/shotgun.. But I don't know..

I do know there are some dealers who will not sale to you if you're out of state even though Legally it's allowed.

EDIT: I Should point out this is when buying from a dealer (FFL).
Private sales between non licensed people must be home state.

Although if you found someone selling something you like it's quite likely you could both goto a dealer and use them as a middle man to complete the sale.

Seller -> FFL -> You
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Old October 9, 2017, 10:18 AM   #22
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Quote:
Originally Posted by zukiphile
They undoubtedly meant for intrastate transactions amongst non federally licensed parties.
Some states require a background check even for intrastate, personal transfers that don't involve an FFL.
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