Out of state handgun repair

NukemJim · September 27, 2011, 08:17 PM

If a person lives in one state ( Illinois ) who stores a gun at a family members house in another state ( Indiana ) is it a violation of federal or state law for the handgun owner to drop the handgun off at a gunsmith (based out of a FFL gunstore/range) to have it worked upon?

Rather odd question anyone who knows please jump in

Thank you

NukemJim

MLeake · September 27, 2011, 10:26 PM

You can ship a handgun directly to an FFL (including refinishing and repair places that are licensed), and they can ship it directly back to you, so normally what you suggest wouldn't be a problem.

Your Illinois residence adds a separate problem, though. I'm also not sure about the legality of your storing the weapon in Indiana... You might want to check with a lawyer.

Goidel · September 28, 2011, 08:31 PM

Are you aresident of Cook County?

**Aguila Blanca** · September 28, 2011, 10:41 PM

In which of the two states would this hypothetical gunsmith be located?

NukemJim · September 29, 2011, 06:06 PM

Quote:

You can ship a handgun directly to an FFL (including refinishing and repair places that are licensed), and they can ship it directly back to you,

I want to DROP it off at the smith not ship it please see OP " handgun owner to drop the handgun off at a gunsmith "

Quote:

Are you aresident of Cook County?

Not a resident of Cook County.

Quote:

In which of the two states would this hypothetical gunsmith be located?

Indiana

NukemJim

MLeake · September 29, 2011, 06:19 PM

NukemJim, to simplify the point - if you can ship it to a maintenance facility, then you can certainly hand deliver it to a maintenance facility.

**44 AMP** · September 29, 2011, 10:11 PM

Quote:

to simplify the point - if you can ship it to a maintenance facility, then you can certainly hand deliver it to a maintenance facility.

Not necessarily. The devil is in the details, specifically where the repair facility is, and where you are, and the local laws for each.

For example, I could ship a handgun to a repair facility in New York State (and they could ship it back when finished), but I would be breaking NY law if I were to hand deliver it, because I'm not a NYS resident with a permit for that specific handgun. So I would be illegally in posession (of my own gun) from the time I crossed the NYS border until I tranferred it to the repair shop. And, of course, I could not pick it up in person, for the same reasons. But I could ship it, and recieve it back legally.

Other states have other laws, so what applies depends on the specific situation, and locations. The OP states he's in Illinois, the gun in Indiana, but doesn't say where the shop in question is, or if he is legal to have the gun where the shop is.

**Aguila Blanca** · September 29, 2011, 10:45 PM

I asked which state the shop is in and he answered Indiana. So the gun and the shop are already in the same state ==> NO interstate commerce. Under the circumstances, I don't see how it makes any differences that Mr. Nukem lives in Illinois. As long as he complies with Indiana law regarding transport, he can drop the gun off at the shop without being subject to any federal laws based in interstate commerce. It's all within Indiana.

MLeake · September 29, 2011, 11:21 PM

44 AMP, good point, if the shop were in NY, or Illinois. According to the OP, the gun repair shop is in Indiana; last I checked, Indiana is very permissive, and I'm assuming that transporting/possessing the gun in Indiana would be legal. (IIRC, for example, Indiana recognizes any CCW permit from any state, no official reciprocity required.)

I'm not sure that the OP is fully in the clear keeping a gun in Indiana, where he does not live, but that's a separate issue.

September 27, 2011, 08:17 PM	#1
NukemJim Senior Member Join Date: December 17, 2002 Posts: 287	Out of state handgun repair If a person lives in one state ( Illinois ) who stores a gun at a family members house in another state ( Indiana ) is it a violation of federal or state law for the handgun owner to drop the handgun off at a gunsmith (based out of a FFL gunstore/range) to have it worked upon? Rather odd question anyone who knows please jump in Thank you NukemJim __________________ "Half of being smart is knowing what you are dumb at" "Guns shoot bullets. People shoot people."

September 27, 2011, 10:26 PM	#2
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	You can ship a handgun directly to an FFL (including refinishing and repair places that are licensed), and they can ship it directly back to you, so normally what you suggest wouldn't be a problem. Your Illinois residence adds a separate problem, though. I'm also not sure about the legality of your storing the weapon in Indiana... You might want to check with a lawyer.

September 28, 2011, 08:31 PM	#3
Goidel Member Join Date: May 26, 2009 Location: Crook Cty Illinois Posts: 26	Are you aresident of Cook County?

September 28, 2011, 10:41 PM	#4
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,468	In which of the two states would this hypothetical gunsmith be located?

September 29, 2011, 06:19 PM	#6
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	NukemJim, to simplify the point - if you can ship it to a maintenance facility, then you can certainly hand deliver it to a maintenance facility.

September 29, 2011, 10:45 PM	#8
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,468	I asked which state the shop is in and he answered Indiana. So the gun and the shop are already in the same state ==> NO interstate commerce. Under the circumstances, I don't see how it makes any differences that Mr. Nukem lives in Illinois. As long as he complies with Indiana law regarding transport, he can drop the gun off at the shop without being subject to any federal laws based in interstate commerce. It's all within Indiana.

September 29, 2011, 11:21 PM	#9
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	44 AMP, good point, if the shop were in NY, or Illinois. According to the OP, the gun repair shop is in Indiana; last I checked, Indiana is very permissive, and I'm assuming that transporting/possessing the gun in Indiana would be legal. (IIRC, for example, Indiana recognizes any CCW permit from any state, no official reciprocity required.) I'm not sure that the OP is fully in the clear keeping a gun in Indiana, where he does not live, but that's a separate issue.