Buying a LONG GUN out of state..

ShootemDown

Moderator
I know for sure handgun sales are limited to in state purchase otherwise FFL to FFL out of state.

how about long guns? Can I legally buy a long gun out of state and bring it home by myself ?
 
Depends on your state laws. I live in Tennesse and can purchase and bring home a long arm from any state that physically connects to Tennessee.
 
New York has the same law, you can buy from boarder states only. I had no idea why, so I grabbed my Mc/kinney's law book, and according to the practice commentary (Donnino) says that this was required by the federal GCA of 1968 (18 USC 922), and that if New York did not pass this law, our residents would not have been allowed to buy from contiguous states at all.

However, 12 USC 922(b) reads as follows (check out 3):
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;
(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; (4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; and
(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.
 
"Boarder" states

New York has the same law, you can buy from boarder [sic] states only. I had no idea why, so I grabbed my Mc/kinney's [sic] law book, and according to the practice commentary (Donnino) says that this was required by the federal GCA of 1968 (18 USC 922), and that if New York did not pass this law, our residents would not have been allowed to buy from contiguous states at all.

However, 12 USC 922(b) reads as follows (check out 3):
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;
(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; (4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; and
(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.


Where is the requirement that the buyer be in a contiguous state anywhere in this section of the USC?
 
A resident of NY State (yes and that means NYC residents also) may purchase a Rifle/Shotgun fin like 45 or so states. NJ, Hawaii, Mass and a few other socialist states prohibit non-residents of their state from buying any type of firearm there. NJ goes as far as saying that you need a NJ state permit to even buy a BB Rifle. If you buy a handgun outside of your home state, the gun will have to be shipped to a FFL in your homestate for the transfer.:barf:

The troubles with a NY resident buying a Rifle/Shotgun out of state-
1. the gun may have 'evil' banned features... it would be illegal for you to bring it back to NY. (threaded barrols, bayonet lug....) you guys know the routine.:eek:

2. If the gun is not 'banned', you can bring it back into the state.

3. NYC residents buying guns 'upstate NY' or outside of the state of NY... you either have to leave the guns at your house outside of NYC (granted you own one) or with a friend outside of NYC. Friends of mine that live in NYC, keep their guns at their houses in the Catskill mountains to avoid the procedures in the city. If you bring it back to NYC, you must 'register' the gun to your permit. If you do not have a permit, you must voucher it at your local police station and then apply for the NYC permit. Once the permit is issued, you may pick up your gun. Rifle/Shotgun permits are basically shall issue in NYC- a lot simpler than pistols permits.

4. If you live in NY and want an Ar-15 or Ak-47 or any other questionable rifle under NYS law.. just buy it from a store in NY (there are a few really good gun shops on Central Avenue outside of Albany). It may save you a lot of headaches later on.

Most of all, use common sense. If you see a gun and you think it's banned in NY... most likely, it probably is! The politicians here are morons.:mad:
 
Breaking this down a little...

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

(3)
(i) any firearm
(ii) to any person who
(iii) the licensee knows or has reasonable cause to believe
(iv) does not reside in ... the State in which the licensee’s place of business is located,
(vi) except that this paragraph (A) shall not apply to
....(1.0) the sale or delivery
....(1.1) of any rifle or shotgun
....(1.2) to a resident of a State other than a State in which the licensee’s place of business is located
....(1.3) if the transferee meets in person with the transferor to accomplish the transfer,
....(1.4) 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)

Someone correct me if I'm wrong here. I'll use California as an example.

If a CA resident goes to another state, he cannot purchase a long-gun that could not be sold in California.

Example, CA resident wants to buy an AR-15, a rifle banned in California, exclusively for his use outside of Califonia (let's presume he has a condo in NV near Tahoe). Because CA law does not permit the CA resident to buy, take delivery of or receive an AR-15, the deal cannot be consummated outside of California.
 
I live in Tennesse and can purchase and bring home a long arm from any state that physically connects to Tennessee.

I'm not sure (read; never checked) on my buying out of state and bringing one back, but I know CO dealers will sell to any resident of a bordering state as well.
 
Number 6 said:
Where is the requirement that the buyer be in a contiguous state anywhere in this section of the USC?

It was in the original Gun Control Act of 1968. However, the contiguous state provision was repealed by the Firearms Owners Protection Act. Now you can purchase a rifle or shotgun in any state as long as the laws of that state and your home state allow it.

Some states still have provisions in their laws allowing their residents to purchase longs arms ONLY in their home state or contiguous states.

See page 2 of the attached FFL Newsletter for information from BATF.

December 2002 BATF FFL Newsletter

Also see page 2 of this newsletter for further clarification.

August 2004 BATF FFL Newsletter
 
how about long guns? Can I legally buy a long gun out of state and bring it home by myself ?

To sum it up, only if:

1.) you're buying a long gun from an FFL (you cannot buy any gun from a non-FFL across state lines), and;

2.) the sale complies with the laws of both states
 
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