I'm trying to purchase a rifle from a non ffl in PA. I live in NYC I have a NYC rifle shotgun permit. I wanted to drive to PA and do a face to face transaction to save the shipping and ffl fees its about a 11/2 drive. The guy in PA said because I live out of state It would have to be shipped to an ffl in NY does anybody no if he is correct. I know I can purchase a rifle in the cabala's in PA. Thanks
Buying a rifle out of state
- Thread starter rich2774
- Start date
Aguila Blanca
Staff
http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer
Look at question #2 (emphasis added):
Look at question #2 (emphasis added):
Cabela's is a licensee (FFL). A face-to-face sale is not from a licensee at their premises.
dogtown tom
New member
Sure it is......its also legal to purchase a long gun in a noncontigious state
. The "contigious state" restriction on long gun purchases ended twenty five years ago (1986).
The contiguous state law went away in 1986 (though some state laws are a problem), but you MUST use an FFL.
For a long gun the FFL can be in either state, but if it is in the sellers state (and NOT the buyers) the laws of both states must be followed (and this can run into problems depending on the state laws).
If the FFL is in the buyers state only that state's laws apply to the sale.
Scenerio; Joe lives in Texas. Bill lives in Kansas. Joe drives to Kansas and meets Bill at a gun store in Kansas. Bill sells his rifle to the gun store owner for $500.00, who then sells the rifle to Joe for $525.00. Both Joe and Bill can legally purchase a firearm in their own respective states (no criminal history, ect. that would prohibit them from otherwise buying a gun). Would this be considered a legal transaction?
Frank Ettin
Administrator
Bill doesn't have to "sell" the gun to the gun store.LaCane said:
If the FFL is agreeable, the FFL received the gun from Bill for the purposes of transferring the gun to Joe. The FFL does whatever paperwork he needs to and then effects the transfer to Joe, observing all the usual formalities, e. g., having Joe fill out the 4473, doing the NICS check and anything else required. Of course, Bill and Joe have to agree on the price of the rifle, there needs to be an agreement with the FFL about his fee for going through all the rigmarole, and Bill and Joe have to agree which one will pay the FFL's fee.
Shipping the rifle to a NY FFL is one way to go and probably the easiest.
Having you and the seller do a private party transfer at a PA FFL is possible **IF** it's legal according to BOTH PA and NY/NYC law. Be sure to contact the PA FFL well in advance to confirm that the PA FFL is willing to do it.
I'd take a close look at the cost of gas for a three hour round trip + the cost of three hours of your time vs shipping.
Last edited:
TheNatureBoy
New member
Yes it is legal to purchase a rifle out of state. I just purchased one from a gun shop in Charlotte, Nc and I live in Virginia. Was attempting to purchase the same rifle from a shop in Arizona but couldn't get the FFL stuff together. Websites like Gunsamerica.com and others do this regularly.
Quote:
Originally Posted by LaCane
Scenerio; Joe lives in Texas. Bill lives in Kansas. Joe drives to Kansas and meets Bill at a gun store in Kansas. Bill sells his rifle to the gun store owner for $500.00, who then sells the rifle to Joe for $525.00. Both Joe and Bill can legally purchase a firearm in their own respective states (no criminal history, ect. that would prohibit them from otherwise buying a gun). Would this be considered a legal transaction?
Bill doesn't have to "sell" the gun to the gun store.
If the FFL is agreeable, the FFL received the gun from Bill for the purposes of transferring the gun to Joe. The FFL does whatever paperwork he needs to and then effects the transfer to Joe, observing all the usual formalities, e. g., having Joe fill out the 4473, doing the NICS check and anything else required. Of course, Bill and Joe have to agree on the price of the rifle, there needs to be an agreement with the FFL about his fee for going through all the rigmarole, and Bill and Joe have to agree which one will pay the FFL's fee
I was under the impression that in order for a non licensed individual to purchase a rifle in a state other than his own, he would have to "purchase" the rifle from an FFL dealer in that state. The simple "transfer" of the weapon between two non FFL holders could only take place in the purchasers own state and thru an FFL holder in that purchasers state. I may be wrong, but that is my understanding of the law.
Originally Posted by LaCane
Scenerio; Joe lives in Texas. Bill lives in Kansas. Joe drives to Kansas and meets Bill at a gun store in Kansas. Bill sells his rifle to the gun store owner for $500.00, who then sells the rifle to Joe for $525.00. Both Joe and Bill can legally purchase a firearm in their own respective states (no criminal history, ect. that would prohibit them from otherwise buying a gun). Would this be considered a legal transaction?
Bill doesn't have to "sell" the gun to the gun store.
If the FFL is agreeable, the FFL received the gun from Bill for the purposes of transferring the gun to Joe. The FFL does whatever paperwork he needs to and then effects the transfer to Joe, observing all the usual formalities, e. g., having Joe fill out the 4473, doing the NICS check and anything else required. Of course, Bill and Joe have to agree on the price of the rifle, there needs to be an agreement with the FFL about his fee for going through all the rigmarole, and Bill and Joe have to agree which one will pay the FFL's fee
I was under the impression that in order for a non licensed individual to purchase a rifle in a state other than his own, he would have to "purchase" the rifle from an FFL dealer in that state. The simple "transfer" of the weapon between two non FFL holders could only take place in the purchasers own state and thru an FFL holder in that purchasers state. I may be wrong, but that is my understanding of the law.
Frank Ettin
Administrator
Not quite right. See 18 USC 922(b)(3) (emphasis added):LaCane said:
I've done it, and it's no big deal. You and the seller agree to a purchase price, plus however you arrange to handle HIS FFL fees. His FFL ships the firearm to your FFL, who handles the Form 4473, the NICS, and any other paperwork required by your state, and you pay your FFL whatever fees you mutually agreed to. Simple stuff.
Aguila Blanca
Staff
Unfortunately, that's not legal.rich2774 said:
Yes, he is correct.rich2774 said: