Deliver purchased gun?

B

bcrash15

New member
Here is an issue I am having. I live in one state and work for extended periods in another state (Alabama). Alabama only sells longs guns to non-residents of adjacent states, of which my state of residency is not one, and obviously abides by federal rules on handguns. So it would appear I cannot get a gun here. Is there any way to purchase a gun in your home state and have it delivered (via FFL or whoever) to you in another state? Does the law stipulate you have to pick up the gun in person? Does it matter if it is a curio & relic eligible gun (I don't have a C&R license)?

I think I know the answer to this question, but I want to make sure I am not missing anything.
 
you CAN buy a gun from another state... but.. you cannot pick it up there.. you have to get someone with an FFL in YOUR state to transfer the gun to you... and they have to fill out your paperwork... so yes you have to pick it up in person.


you must have it transferred to the state in which your drivers license is for tho... you cant have it transferred to a state that you are in now just because you work there... you would then need an id showing residence for that state.
 
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If you are buying it from a FFL dealer just have him send it to a FFL dealer in your state. Most charge $10-$25 for doing the transfer.


Doug
 
1. The adjacent state concept was done away with in 1986 by an amendment to the GCA of 1968. This is explained in the August, 2004 BATFE FFL Newsletter:

http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

2. During the time that you work in Alabama and sleep in Alabama, you are a resident of Alabama. This is explained in 27 CFR 478.11:

http://edocket.access.gpo.gov/cfr_2003/aprqtr/27cfr478.11.htm

And on page 39 of the Federal Firearms Regulations Reference Guide:

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

3. The problem is that you must have a government issued ID card that proves to the FFL that you are resident of Alabama in order to purchase a handgun from them (a long gun would be no problem because the adjacent state provision went away in 1986).

So, your options are:

You can purchase a handgun from another resident of Alabama in a private party transaction during the time that you work and sleep in Alabama (because ID requirements are not specified for private sales). But you would have to convince the seller that you were a temporary Alabama resident.

OR

The handgun has to go to an FFL in your home state that your driver's license or other ID is from, AND you must retrieve that handgun from that FFL in person.

OR

Some states will issue ID cards to temporary residents. It won't change your driver's license, it will be an ID card. I have a Washington ID Card and a Wyoming driver's license. The Washington ID card allows me to purchase handguns in Washington without any hassle.

It is against Federal law for an FFL from your home state to ship a handgun directly to you unless it is a firearm that is being returned to you after repair or replacement, and in that specific case it does not matter which state you are in.

BTW, in the August 2004 Newsletter to FFLs, contiguous means the same thing as adjacent.
 
The situation is that I have a rifle and a C&R pistol I would like to buy from a dealer back in my home state, but they are constantly running behind on inventory and can never guarantee me they will have one in stock at any given time (and they usually don't have any). Also, I cannot give them firm dates of when I will be by to pick it up (depends on work) and I understand their position of being hesitant to hold a gun "indefinitely until I stop by." If I could just stop buy and get it, trust me, I would, but I have been actively trying to get one for on the better part of a year with no luck.

you must have it transferred to the state in which your drivers license is for tho... you cant have it transferred to a state that you are in now just because you work there... you would then need an id showing residence for that state.
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That sounds about like what I was thinking it would be. In the absolute worst case I might consider buying the gun on backorder and having it shipped to the closest place I could legally buy it and do it that way. But all included that would roughly double the price :(

For a C&R pistol, is that still treated as a handgun and can only buy in place of residence or are there different rules? If I travel one state over, their state laws allow them to sell me long guns.
 
The rifle can be sent to an FFL in Alabama for transfer to you.

Since you do not have a C&R license, you must be a resident of the same state as the FFL who transfers the handgun to you, but residency is not the problem, because when you work and sleep in Alabama you ARE a resident of Alabama for the purposes of firearms transactions, you just can't provide the required identification to the FFL.

Neither Alabama nor Federal law contains any adjacent state provision for the sale of rifles by FFLs.

http://www.legislature.state.al.us/CodeofAlabama/1975/13A-11-58.htm

Sale of firearms or ammunition to residents of other states; purchase in other states.

(a) Any resident of Alabama authorized to sell and deliver rifles, shotguns, and ammunition may sell and deliver them to a resident of any state where the sale of the firearms and ammunition is legal. Any purchaser of the firearm or ammunition may take or send it out of the state or have it delivered to his or her place of residence.

(b) Any resident of Alabama who legally purchases rifles, shotguns, and ammunition in any state where the purchase is legal may take delivery of the weapons either in the state where they were purchased or in Alabama.
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Did you happen to even look at the references I gave you?
 
Thanks Navy, your first post was very helpful as well. I just didn't see it until after I had posted my last because I had to leave the computer mid-post and didn't refresh the thread upon return.

That sounds like good news on the redone laws. I was going off a version of §13A-11-58 which is not dated and probably obsolete. However, what is disconcerting is that I have been told by two different gun shops here within the last year that they could not sell me guns, "according to state law." I don't know how kindly they'll take to me suggesting they "re-educate" themselves, but I am sure as heck going to bring it up next time I'm in there. I think the logical next step in my case is the ID card route.
 
Just be aware, Alabama may not issue you an ID card, I don't know what the laws are in Alabama regarding ID cards.
 
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