Firearms purchasing in different state

B

bcrash15

New member
I was wondering if anyone has knows of the legal ramifications, if any, involved with purchasing a gun in another state than where you claim residency. I am currently on assignment for work in another state, living in a temp apartment for a few months and would like to buy a new gun. This is more along the lines of gun shop or pawn shop rather than at a gun show. Is this feasible or am I just asking to get in a huge tangle of red tape?

If it helps
Home state: Kentucky
Currently in: Alabama

Thanks in advance!
 
Just offhand I believe it has to be done through an FFL, just like a firearm purchased via the internet. My knowledge is very limited though, I'd like to know as well.
 
Seems like I saw somewhere recently where Alabama is

working on changing some state law where you can. Don't know what that is about.... but... it is a good question.

According to how I read the ATF web site rules, you can. If you are living in a state (no specification of a time) then according to them, you are a resident of that state and can legally buy a gun (long or short), the problem as I see it is doing the paper work at an FFL.... they (FFL's) want or at least seem to want an in state ID... and you can't buy from one state and then transport the gun back to another... ?

Now you could buy from an FFL in Alabama, they ship it to an FFL in Ky and then you go home, fill out the paperwork there, pay somemore money and then of course take it back and forth... but that is a real hassel if nothing else...... so,

My suggestion, and I really don't think this is illegal in Alabama, is since you are 'federally' a resident then buy the gun from a reputable private citizen. As long as you meet the state and federal requirements for gun ownership, and are living in Alabama, I don't think this is illegal. When you move back home, take the gun with you per federal law.
 
and are living in Alabama,
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Unfortunately, I don't think that "living in" and "resident of" are the same thing when it comes to Federal firearms law. And it doesn't really make any difference, legally, if you buy from a private party or a dealer. A private party sale just makes it more difficult to detect.
 
I recently bought a long-gun at a shop in Kentucky, and I didn't think about it when filling out the paperwork and gave them my local address (which was not my "home" address, just another temporary work thing). They didn't seem to have a problem with it, but I was thinking it might work differently if my driver's license doesn't even match up with the state.

So it seems probably the most probable scenario would be to buy the gun licensed in Al or get it from a private sale, then when I move back to Ky get it licensed there as well?
 
Under federal law you can only buy a long gun directly from an FFL in another state IF (and only if) the sale complies with the law of BOTH states. You cannot buy a handgun from an FFL outside of your state. You cannot buy any gun directly from an individual in another state; has to go through an FFL in your state.
 
Under federal law you can only buy a long gun directly from an FFL in another state IF (and only if) the sale complies with the law of BOTH states. You cannot buy a handgun from an FFL outside of your state. You cannot buy any gun directly from an individual in another state; has to go through an FFL in your state.
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Well, that seems to be pretty straightforward. I was hoping to get a revolver for range and HD (my apartment is in a fairly bad part of town), but it's better to know now than when I found one I like and am trying to buy it. I might settle for a rimfire just to plink with at the range, I really should have brought one of my other guns with me to give me something to do. Thanks everyone for the information!
 
New Alabama Law Signed Friday

THE NRA-ILA website had this posted today:


Alabama Governor Signs Pro-Gun Legislation into Law!

Friday, May 11, 2007

On Monday, May 7, Governor Bob Riley (R) signed Senate Bill 62, sponsored by State Senator W.H. Pat Lindsey (D-22), into law.

SB 62 will permit a resident to purchase or receive a firearm or ammunition in non-contiguous states and would also allow a non-resident to make a purchase within Alabama, provided it is legal under federal and state law.


Now, I'm not a lawyer, but it seems pretty straightforward. I interpret it to say, if you can pass a background check, you can buy here.

Check with your local jurisdiction, to be sure.

Just my .02
JS
 
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Now, I'm not a lawyer, but it seems pretty straightforward. I interpret it to say, if you can pass a background check, you can buy here.
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Unless Alabama had some sort of state law prohibition on residents purchasing long guns or ammo from FFLs in other states, or on non-residents purchasing long guns or ammo from Alabama FFLs, it sounds like pretty meaningless legislation to me. The more restrictive federal law trumps state law to the contrary, and the federal law remains as I stated it above.
 
I realize their might be a problem with the paperwork via

a FFL in AL. But I still claim that there is nothing illegal with the person asking the question buying a handgun from an individual in Alabama because he or she is at present a resident of Alabama.

Actually, if there is a way, and you own handguns back in Kentucy you know you can ship one to yourself? No FFL needed.
 
Sorry to bring this back from the dead. I figured I would answer the question with certainty just in case anyone finds this topic in the future. I actually ended up having to run home for a weekend, so I just picked up my revolver in my home state without any of the legal hassles. Just for my knowledge, I asked a FFL here about it and he said that (like stated above) handguns can only be purchased by residents of AL. Long guns, as the current law stands, can be purchased by AL residents OR residents of immediately surrounding states. So I am not able to purchase either, but it's not a big deal at this point. Thanks for all the replies!

edit: and by resident, I mean your home state (where your driver's license is from.)
 
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glad you got home and picked it up...

I still claim that you can legally buy a gun (long or short) from an individual in Al because you are currently a 'resident' (living there) of that state... that's how I read the Federal law. Somebody correct me if I'm wrong on this.

I think it is buried somewhere in here:

http://www.atf.gov/firearms/faq/faq2.htm#b9
 
He admits to only living there "temporarily", so it doesn't sound like he would meet the requirement of "intending to make his home in the State"
There is the provision for dual State residency, but it's not clear on exactly what is needed to qualify for this. Something about owning property in both States and living in both for a "certain amount" of time each year.
The usual proof of residency is a drivers license and, AFAIK, it's illegal to have more than one at a time.
 
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