Guns purchase out of state . . . ?

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Prof Young

New member
In IL I can purchase a long gun outside of the state and bring it back in so long as the seller has followed all the IL rules including the federal check and the waiting period, but if I buy a hand gun, out of state, the seller has to ship it to an IL FFL before I can take possession.

Are there states wherein one can buy a long gun or hand gun, out of state, and walk out with it that day? In other words if I lived in Texas could I buy a gun in Alaska and take it with me that day?

Life is good.
Prof Young
 
No on handguns; all of those go through the transfer process at your homestate FFL. Most states allow you to take the longgun with you.
 
Prof Young said:
....Are there states wherein one can buy a long gun or hand gun, out of state, and walk out with it that day? In other words if I lived in Texas could I buy a gun in Alaska and take it with me that day?
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No. The restriction is a matter of federal law and therefore applies in all States.

The federal law has been in effect for almost 50 years. It was enacted by the Gun Control Act of 1968. Nonetheless, a lot of people appear not to be aware of it.

  • Under federal law, any transfer of a gun (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. And a handgun must be transferred through an FFL in the transferee's State of residence. 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.). 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.

  • 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:
    18 U.S.C. 922. Unlawful acts

    (a) It shall be unlawful—
    ...

    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph

    (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

    (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and

    (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

    ...

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; except that this paragraph shall not apply to

    (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ....

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

    (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;​

    ...
    Click to expand...
 
Only exception is a C&R qualified handgun if you have a C&R license.

I did go through something interesting. I sold a friend a Glock 23 when we both lived in AZ. He moved to AL, I moved to SC. Couple of years ago i was visiting him, and he wanted to know if I was interested in buying it back (I wasn't, especially since he beat the hell out of it and even had rust on it). I still had my original purchase receipt for it.

Probably not legal in the spirit of the law, but I could have said he had it as a long term loan, and paid me a deposit for it. No court would probably convict me.. :D
 
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hagar said:
...Probably not legal in the spirit of the law, but I could have said he had it as a long term loan, and paid me a deposit for it. No court would probably convict me.
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Why would you believe and post that hogwash?

That would be a clear violation of federal law making both you and your buddy eligible for up to five years in federal prison and a lifetime loss of gun rights. As to your store, there's pretty much no chance that a federal prosecutor/grand jury/trial jury/judge is going to buy such an obviously contrived, self-serving pile of offal.
 
SonOfScubaDiver said:
You can with long guns, but not with hand guns.
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This restriction technically applies to firearms "other than a shotgun or rifle" and not just to handguns specifically. Hence, it also applies to anything classified as an "Other Firearm"—a stripped frame or receiver, a pistol-grip-only shotgun, or an NFA firearm (the definition of which includes a silencer).

FWIW a rifle and shotgun are each (partially) defined in 18 USC § 921 as "...a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder...," so a shoulder stock must be present for the weapon to qualify as such—hence the restriction on stripped frames and receivers.

(The OP's post only addresses long guns and handguns, but I find it helpful to explain this little caveat, as many folks seem unaware of it. :))
Prof Young said:
...if I lived in Texas could I buy a gun in Alaska and take it with me that day?
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Not if you're using private ground transportation through Canada, in which case you must apply well in advance for formal permission from the RCMP, but that's a topic for another thread entirely. ;)
 
That was NOT a personal insult, hagar. That was Frank telling you the reality of your speculation. Don't like people being being frank with you (pun intended, by the way)? Don't post idiocy.

That little crack about meds, does in fact cross the border on personal insults.
 
Originally Posted by Prof Young
...if I lived in Texas could I buy a gun in Alaska and take it with me that day?
Not if you're using private ground transportation through Canada, in which case you must apply well in advance for formal permission from the RCMP, but that's a topic for another thread entirely
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He could then mail it to himself, could he not?
 
^^^ That would not be using private ground transportation. :p

Also, only an FFL can lawfully mail handguns or Other Firearms.* Non-licensed individuals can only use the U.S. mail to send non-NFA long guns.

[*EDIT TO ADD: A narrowly defined list of Authorized Persons may also use the U.S. mail to send and receive such firearms, but—broadly speaking—this list only includes active-duty LE and military on official business; ordinary citizens need not apply. Refer to the "How to ship firearms" sticky for more precise info.]
 
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FITASC said:
...He could then mail it to himself, could he not?....
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And it also wouldn't work for a handgun because it would violate 18 USC 922(a)(3):
(a) It shall be unlawful—
...

(3) for any person, ... to transport into or receive in the State where he resides ....any firearm purchased or otherwise obtained by such person outside that State,...
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There is an express exception for a long gun obtained from an FFL as permitted under 18 USC 922(b)(3).
 
Of course, but he wuldn't have possession of a handgun from out of state. I thought we were talking about someone buying a gun out of state and taking it with him - that only happens with a longgun, so by that conclusion, I went with the fact that he had a longgun and to get it home from Alaska, he COULD mail that to himself - correct?
 
FITASC said:
Of course, but he wuldn't have possession of a handgun from out of state. I thought we were talking about someone buying a gun out of state and taking it with him - that only happens with a longgun....
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The original question asked about both a long gun and handgun.

When legal issues are involved it's important to be both precise and complete.
 
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