I believe that most (maybe all) states require that you show proof of state residency when buying a gun or ammunition, but obviously I am basing that upon the few states that I have lived in and where I made such a purchase. This made me wonder about whether or not I could ever count on buying ammo while traveling far from home, let alone to take advantage of a good deal that I might spot in a gun shop while out of my home state. This summer I will be taking a long (7,000 miles or so) month long road trip and I will have at least a self defense handgun with me (my licenses both resident and non-resident cover me in virtually ever state that I will pass through) and I would prefer not to take along a stash of ammo for the whole trip. But I would hate to forego a chance to do some shooting just because I didn't have any ammo.
Does any state allow non-residents to buy guns and ammo?
- Thread starter vito
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2ndsojourn
New member
Don't come here to NJ and expect to buy ammo if you don't have a FID card. But across the river in PA or DE, no problemo.
Also in PA & DE non-residents can buy a long gun (from a FFL) as long as the gun is legal in your state of residence.
Also in PA & DE non-residents can buy a long gun (from a FFL) as long as the gun is legal in your state of residence.
AirForceShooter
New member
I've bought ammo in a number of states that I'm not a resident of.
Come to Florida around the end of April. Watch the northern snowbirds stock up just before going back.
I have bought rifles out of state from FFL's.
AFS
Come to Florida around the end of April. Watch the northern snowbirds stock up just before going back.
I have bought rifles out of state from FFL's.
AFS
carguychris
New member
Federal law requires proof of state residency to purchase a firearm, whether in-state or out-of-state.vito said:
OTOH federal law allows out-of-state ammunition purchases for anyone who isn't a prohibited person, who is age 18 or older for long gun (rifle or shotgun) ammo, and/or who is age 21 or older for handgun ammo; the limiting factor is state law in the location where the purchase is being made.
AFAIK most states do not regulate ammunition sales, apart from the "usual suspects" (i.e. CT, NY, etc.) Furthermore, federal law does not contain an explicit formal requirement to check the buyer's ID for ammo sales; stores that do so (notably Wally World) usually do it because of store policies rather than federal mandates.
AFAIK the federally-imposed contiguous-state limitation on long gun purchases from federal firearms licensees (FFLs) was phased out by the Firearms Owners Protection Act of 1986 (FOPA). Out-of-state FFL long-gun transactions are now allowed by default rather than being prohibited by default, including purchases in states that aren't contiguous to the buyer's home state, and states no longer need to pass enabling legislation to allow such transactions. Some states still have contiguous-state enabling laws on the books (AFAIK including TX), but most of these provisions no longer carry any legal weight, since federal law is now less stringent.rickyrick said:
Handgun transfers, on the other hand, are still limited to the buyer's state of residency, and out-of-state long-gun transfers may only be made in-person from a FFL at his/her licensed premises.
Regarding out-of-state long gun purchases, the limiting factor is the laws of YOUR home state regarding (a) whether you're allowed to purchase firearms from an out-of-state FFL and (b) whether the specific firearm is lawful to possess in your home state.
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Theohazard
New member
I think it's probably important to bring up the relevant federal laws regarding this question. Federal law prohibits you from buying a handgun outside your state of residence. However, it is legal according to federal law to buy a long gun from a dealer outside your state as long the gun is legal in both that state and your home state. Most states don't add any further restrictions to these federal standards.
With a few exceptions (involving wills and such), private sales or gifts of any type of firearm are illegal according to federal law unless the transaction occurs between two state residents inside the borders of that state. So an FFL must be involved if any private sale involves two residents of different states. With a long gun, the transaction can occur at an FFL in either state (so long as the gun is legal in both states), but with a handgun it must be shipped to an FFL in the purchaser's state.
There are no federal restrictions in buying ammo out of state.
EDIT: Frank's post reminded me of something I left out: With out-of-state purchases of long guns from (or through) an FFL, the gun not only has to be legal in the buyer's home state, but the entire transaction has to comply with the laws of that home state. So even though a specific rifle might be legal in CA, a CA resident couldn't purchase that rifle in a different state because -- as far as I know -- FFLs in other states don't have access to the CA DROS system and therefore can't comply with CA law. In other cases, the FFL might simply not want to deal with figuring out how to follow another state's laws, even if it was possible to do so.
With a few exceptions (involving wills and such), private sales or gifts of any type of firearm are illegal according to federal law unless the transaction occurs between two state residents inside the borders of that state. So an FFL must be involved if any private sale involves two residents of different states. With a long gun, the transaction can occur at an FFL in either state (so long as the gun is legal in both states), but with a handgun it must be shipped to an FFL in the purchaser's state.
There are no federal restrictions in buying ammo out of state.
EDIT: Frank's post reminded me of something I left out: With out-of-state purchases of long guns from (or through) an FFL, the gun not only has to be legal in the buyer's home state, but the entire transaction has to comply with the laws of that home state. So even though a specific rifle might be legal in CA, a CA resident couldn't purchase that rifle in a different state because -- as far as I know -- FFLs in other states don't have access to the CA DROS system and therefore can't comply with CA law. In other cases, the FFL might simply not want to deal with figuring out how to follow another state's laws, even if it was possible to do so.
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Frank Ettin
Administrator
In most States buying ammunition would be no problem. It would be a problem in a few, and in those States, like New York or New Jersey, having a handgun in your possession would also be a serious problem. Study Handgunlaw.us carefully.
In all States, federal law generally restricts your ability to buy guns. Here's the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):
In all States, federal law generally restricts your ability to buy guns. Here's the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):
- Under federal law, any transfer (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. 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.).
- 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.
- 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.
- 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.
- The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
- Here's what the statutes say:
Frank Ettin
Administrator
Hold your horses. Nothing has changed. This is a trial court ruling only and has no legal meaning beyond the particular case.
Don't overplay this.
carguychris
New member
FWIW CT requires ammo purchasers who don't hold some sort of firearms license or eligibility certificate to apply for an Ammunition Certificate and pay a $35 processing fee (i.e. tax).jmr40 said:
The NY (un)SAFE Act is supposed to eventually require ammo purchase background checks, but AFAIK the system for doing them is not up and running yet.
I believe that CA has some sort of similar program in the works, but I don't know the details, and I could be wrong.
Frank Ettin
Administrator
Let's have no more discussion of the court decision ruling certain interstate transfer provisions of the Gun Control Act of 1968 unconstitutional (Mance v. Holder, being discussed here).
That case is not final and will need to work its way through the process. Nothing changes yet. And this thread is about the current state of things.
That case is not final and will need to work its way through the process. Nothing changes yet. And this thread is about the current state of things.
Massachusetts requires an LTC to purchase, or even possess, ammunition - so a number of shops here in NH will ask for proof of residency and require Massachusetts buyers to produce their LTC, even though it's perfectly legal for them to make the sale/purchase in NH without one. Just a CYA move, I assume.
22-rimfire
New member
This assumes that you are buying over the counter and expect to carry the gun out the door the day of purchase versus having the hand gun shipped to a FFL dealer in your own state of residence. It also assumes you do not have a FFL yourself.
Long guns are often dealer choice in terms of selling to an out of state resident. Most are comfortable with it. There used to be a general "rule" that long guns could only be sold in states adjacent to your state of residence. This is not true.
In most states, it is perfectly legal to purchase ammunition regardless of your residency. I commonly purchased 22 ammo in multiple states during my wanderings based on price and availability. I believe there may be restrictions in places like NJ, MA, and DC in terms of ammunition, but I do not have factual knowledge of those requirements as I have never needed to know.
Theohazard
New member
Yes, I thought that went without saying, because then the transfer isn't happening out of state.22-rimfire said:
carguychris
New member
+1 Theo, and furthermore, I addressed this situation in my first response...22-rimfire said:
Additionally...carguychris said:
IMHO this assumption really went without saying, because one of the basic underlying reasons one gets a FFL is to enable one to accept any type* of home-state-legal firearms anywhere in the USA and/or by mail-order.22-rimfire said:
*EDIT TO ADD FOOTNOTE: With the understanding that NFA transactions may require additional certifications.
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Evan Thomas
Inactive
And with the additional understanding that one is engaged in the business of buying and selling firearms.carguychris said:
Tucker 1371
New member
Tennessee will allow long gun sales to nonresidents but I believe there is a federal law against out of state handgun sales. Someone correct me if I am mistaken.
Frank Ettin
Administrator
Federal law also regulates long gun sales. See post 7 to find out exactly how.Tucker 1371 said:
FrankenMauser
New member
Bottom line:
Stay out of the original northern colonies, and California.
Most other states will pose no problem for buying ammunition ...unless the retailer (such as Dick's) decides not to sell it to you.
Stay out of the original northern colonies, and California.
Most other states will pose no problem for buying ammunition ...unless the retailer (such as Dick's) decides not to sell it to you.
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