Interstate rifle buying

[bennnn]

is it legal to drive to another state, buy a long gun from a dealer, and then just take it home? I live in NC where just about everything is legal, but I'm planning a trip to Florida and I may see something I like, there or along the way....

 

[atlctyslkr]

Apparently it is legal to do so under Federal Law if it is legal under the laws of both states.

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

 

[deadin]

And you find a FFL that is willing. (Many aren't)

Dean

 

[silicon wolverine]

Usually you have to be from an adjoining state to purchase long guns. i live in south dakota and my primary long gun dealer is in north dakota. No problems at all.

SW

 

[rkba_net]

The adjoining state language was removed from Federal Law in 1986... Federal Law know just says that the sale must be legal in both states...

 

[silicon wolverine]

Someone needs to tell wal mart that because they still have that stupid pink and purple poster up the last time i was there.

SW

 

[bennnn]

So, CAN I drive to Florida and buy a rifle?

 

[shield20]

From what I read, there are numerous states whos citizens are allowed to buy here in NY (like per the Walmart sign), but NYS Penal law says it must be a contiguous state for a NY citizen to be able to buy there and transport here.


S 265.40 Purchase of rifles and/or shotguns in contiguous states.
Definitions. As used in this act:
1. "Contiguous state" shall mean any state having any portion of its
border in common with a portion of the border of the state of New York;
2. All other terms herein shall be given the meaning prescribed in
Public Law 90-618 known as the "Gun Control Act of l968" (18 U.S.C.
921).
It shall be lawful for a person or persons residing in this state, to
purchase or otherwise obtain a rifle and/or shotgun in a contiguous
state, and to receive or transport such rifle and/or shotgun into this
state; provided, however, such person is otherwise eligible to possess a
rifle and/or shotgun under the laws of this state.

 

[EOD Guy]

From what I read, there are numerous states whos citizens are allowed to buy here in NY (like per the Walmart sign), but NYS Penal law says it must be a contiguous state for a NY citizen to be able to buy there and transport here.


S 265.40 Purchase of rifles and/or shotguns in contiguous states.
Definitions. As used in this act:
1. "Contiguous state" shall mean any state having any portion of its
border in common with a portion of the border of the state of New York;
2. All other terms herein shall be given the meaning prescribed in
Public Law 90-618 known as the "Gun Control Act of l968" (18 U.S.C.
921).
It shall be lawful for a person or persons residing in this state, to
purchase or otherwise obtain a rifle and/or shotgun in a contiguous
state, and to receive or transport such rifle and/or shotgun into this
state; provided, however, such person is otherwise eligible to possess a
rifle and/or shotgun under the laws of this state.

According to BATF, it is still legal for a NY resident to purchase in any state that allows the purchase. The BATF interpretation is that the NY statute allows purchases in any state in which the purchase is legal.

For an explanation, see page 2 of the August 2004 FFL Newsletter (see the link).

http://www.atf.treas.gov/firearms/newsletter/ffl_newsltr_aug04.pdf

 

[Kelly J]

I may be totally wrong here but as I understand it the law inthis situation only applies to concealable weapons, to the bet of my knowledge the purchase of long guns do not pose a problem to buy and transport them to your home state, let me underscore the words "Your Home State:.