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Old November 26, 2021, 08:11 AM   #1
reubenray
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Buying Ammo and Rifle in Another State?

Where I live in Arkansas the closest Walmart is in Missouri. Can I buy ammo or even a rifle at this Walmart?
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Old November 26, 2021, 08:23 AM   #2
Spats McGee
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Yes, but it must go through an FFL. The short story under federal law is that any transfer of a firearm must go through an FFL. A transfer of a long gun can go through an FFL in either the transferee's or transferor's state of residence, but a handgun transfer must go through an FFL in the transferee's state of residence. See 18 USC 922.
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Old November 26, 2021, 10:08 AM   #3
NoSecondBest
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No, a rifle doesn’t have to go through an FFL if you buy it in person. It only has to go through an FFL if you have it shipped to you in your own state.
Note: OP was asking about a rifle.
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Old November 26, 2021, 10:13 AM   #4
Rob228
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The states you are mentioning I don't think you'll have a problem. I was cursed with a NY state drivers license for a while and I would frequently run into the issue of "if it isn't legal in your state of residence we won't sell it to you here".
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Old November 26, 2021, 10:34 AM   #5
Aguila Blanca
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Quote:
Originally Posted by NoSecondBest
No, a rifle doesn’t have to go through an FFL if you buy it in person. It only has to go through an FFL if you have it shipped to you in your own state.
Note: OP was asking about a rifle.
He was asking about buying a rifle in a state other than his state of residence. That is an interstate transfer, which is subject to federal law. As Spats McGee posted, an interstate transfer of a long gun must go through an FFL, either the state where the transfer takes place OR the buyer's state of residence.

If this is incorrect, please post a link to the law that provides otherwise.
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Old November 26, 2021, 12:19 PM   #6
Frank Ettin
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Quote:
Originally Posted by NoSecondBest
...No, a rifle doesn’t have to go through an FFL if you buy it in person. It only has to go through an FFL if you have it shipped to you in your own state....
That is not correct.
  1. Under federal law, any transfer of a gun (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. And a handgun must be transferred through an FFL in the transferee's State of residence. 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.). 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.

  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. 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.

  4. 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.

  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).

  6. 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;
    ...
  7. Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.
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Old November 26, 2021, 01:59 PM   #7
NoSecondBest
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Long Guns
Federal law places somewhat looser restrictions on the sale or transfer of long guns like rifles and shotguns across state lines. Under federal law, individuals can lawfully obtain a long gun from a seller or transferor in another state, provided that:
Both parties meet in person to conduct the sale or transfer.
The sale or transfer is conducted by, or through, a licensed dealer, pursuant to a background check and other requirements.
The sale, delivery, and receipt of the long gun fully comply with state law in both parties’ states of residence.

From FFL123.com
“ Handguns vs Long Guns
Buying a long gun anywhere in the United States and taking possession of it immediately is perfectly legal to do as a private person, as long as you’re abiding by all applicable laws in both your home state and the state in which you’re purchasing the long gun. “

Last edited by NoSecondBest; November 26, 2021 at 02:07 PM.
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Old November 26, 2021, 02:52 PM   #8
dogtown tom
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Quote:
NoSecondBest Long Guns
Federal law places somewhat looser restrictions on the sale or transfer of long guns like rifles and shotguns across state lines. Under federal law, individuals can lawfully obtain a long gun from a seller or transferor in another state, provided that:
Both parties meet in person to conduct the sale or transfer.
The sale or transfer is conducted by, or through, a licensed dealer, pursuant to a background check and other requirements.
The sale, delivery, and receipt of the long gun fully comply with state law in both parties’ states of residence.

From FFL123.com
“ Handguns vs Long Guns
Buying a long gun anywhere in the United States and taking possession of it immediately is perfectly legal to do as a private person, as long as you’re abiding by all applicable laws in both your home state and the state in which you’re purchasing the long gun. “
Dude, stop. Really stop.
Frank posted the actual citations from federal law. You need to read them.
FFL123 is not a good source of information.

You wrote:
Quote:
Originally Posted by NoSecondBest
...No, a rifle doesn’t have to go through an FFL if you buy it in person. It only has to go through an FFL if you have it shipped to you in your own state....
That s CLEARLY INCORRECT. A nonlicensee CANNOT acquire a firearm from a nonlicensee in another state, nor dispose of a firearm to a nonlicensee when in another state.
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Old November 27, 2021, 11:10 AM   #9
langenc
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Long guns must go thru FFL when buyer is resident of state pother than that of seller.

I found this out the hard way a few yrs ago when I sold a 22 benchrest rifle to a resident of an adjoining state. I even asked the FFL dept of a gunstore that we chose to meet at for the transfer. I asked and they told me-FFL not required but that info was/is WRONG....Either I asked wrong question or they didnt listen.
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Old November 27, 2021, 12:33 PM   #10
Aguila Blanca
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The question has been answered. Frank Ettin has cited the relevant federal law -- see post #6.

Closed before anyone else comes along to add further confusion.
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