Hey guys, I'm curious if it is legal anywhere to buy a handgun if you are not a resident of that state. My wife and I are both Florida residents about to move to New Mexico. I have my cc license from Arkansas, while she is still waiting for hers to come in from Florida. We were going to purchase her cc weapon today, but the store misquoted us on the 3-day waiting period. If we bought today (Tuesday), then we could not pick it up until Saturday. We called a couple other LGSs and got mixed information about the 3-day waiting period. They were willing to let us buy a handgun and pick it up on Friday. Unfortunately the gun my wife wanted was only available at the one store who wouldn't let us pick it up until Saturday and we will be long gone by the time they open on Saturday. Frustrating! I know some states don't have the waiting period, will they ever sell to non-residents? Thanks!
Is it legal to buy handguns in states you are not a resident of?
- Thread starter cgjohnst
- Start date
- Status
cgjohnst said:
Librarian is correct. Buying a firearm across state lines is only legal if the firearm is transferred through a Federal Firearms License (FFL) dealer. You could go to any gun shop in America (brick and morter or electron and HTML), and they could legally take your money, ship the firearm to the FFL in yoru state of residency (provided they have a copy of the recieving FFL's license) and ship the gun there. You would then be required to pay the shipping for the firearm, in addition to a transfer fee of anywhere from $10-$50, depending on the FFL's policies.
This is no help to you for a few reasons:
1) You are paying an extra $50-$100 for the firearm.
2) You will have to wait for the firearm to arrive.
3) You may STILL have to wait the 3 days at your Florida FFL- the local FFL has to abide by all local, state, and Federal laws. I don't know how the waiting period works in Florida, but that 3 days may be in addition to the wait for the firearm.
Salmoneye, living half the year in another state doesn't make you a resident of that state. Most states have a legal definition of residency that requires something more than just living there for a certain time. The whole concept of "dual residency" is nebulous at best. Good luck trying to find a state that actually defines it and recognizes it.
Spats McGee
Administrator
Welcome to TFL!
Librarian has nailed the issue. You can pick out and pay for your handgun in a State of which you are not a resident*, but it has to go through an FFL in your own State of residency.
Librarian has nailed the issue. You can pick out and pay for your handgun in a State of which you are not a resident*, but it has to go through an FFL in your own State of residency.
*=Some States may have restrictions that, as a matter of practice, won't allow this. For example, I believe that I would be precluded from handling any guns in NY or IL, as I do not possess the requisite FOID. I do not know this for certain, but it's something to keep in mind.
Frank Ettin
Administrator
I guess I'm late.Librarian said:
Only if it is shipped by the seller to an FFL in your State of residence, where you can pick it up after complying with all the usual formalities (filling out a form 4473, etc.)cgjohnst said:
I've discussed the federal law in detail and quoted the actual statutes in other posts. I won't repeat it all here, but here's a link to a post in which I've laid it all out.
Federal law defines it for the purposes of the federal laws relating to the transfer of firearms (27 CFR 478.11):Doyle said:
Does no good for modern day firearms. I have purchased 50+ year old S&W revolvers and 99.9% of FFL dealers will NOT sell these old guns on the C&R FFl. They are not willing to take the chance of it not being legal according to the ATF. I'm not stating this to debate the 50 year old ruling just stating what I have come across personally. Plus the OP is looking to make this happen quickly and sounding like there isn't much time to spare.
The FFL-03 does no good at all for getting non C&R guns shipped to you from a FFL-01
States....
First, Id refer to these websites; www.gunlawguide.com www.handgunlaw.us www.mylicensesite.com www.floridafirearmslaw.com .
To my limited knowledge; you can not buy a handgun in Florida as a out-of-state resident. Even if you have a valid Florida non-resident license(W).
In PA, a gun shop employee explained to me that non-Pennsylvania residents can buy rifles/shotguns the same day but no handguns can be purchased.
If your wife were to obtain a valid Florida W(concealed) license she could buy firearms(including handguns) the same day.
The regular FBI/FDLE background fee is required too.
When I've purchased weapons in the past as a Florida resident, it was explained to me that SAT & SUN were not considered waiting days or part of the mandated holding period, only business days(federal holidays are not business days either).
If you have any specific questions, Id contact the Florida Div of Licensing. They can explain how state licenses apply to firearm purchases. The "error-net" or some guy in a gun shop parking lot isn't the best resource.
First, Id refer to these websites; www.gunlawguide.com www.handgunlaw.us www.mylicensesite.com www.floridafirearmslaw.com .
To my limited knowledge; you can not buy a handgun in Florida as a out-of-state resident. Even if you have a valid Florida non-resident license(W).
In PA, a gun shop employee explained to me that non-Pennsylvania residents can buy rifles/shotguns the same day but no handguns can be purchased.
If your wife were to obtain a valid Florida W(concealed) license she could buy firearms(including handguns) the same day.
The regular FBI/FDLE background fee is required too.
When I've purchased weapons in the past as a Florida resident, it was explained to me that SAT & SUN were not considered waiting days or part of the mandated holding period, only business days(federal holidays are not business days either).
If you have any specific questions, Id contact the Florida Div of Licensing. They can explain how state licenses apply to firearm purchases. The "error-net" or some guy in a gun shop parking lot isn't the best resource.
You actually don't have to own a home in the state of purchase - it is the intent to make a home in that state that matters.
Per ATF Rul. 2010-6: (Emphasis added)
You must, however, provide a valid address within the state of purchase, and it must match that in a government issued document. My reading is that this applies to those living in an apartment, or a temporary dwelling while looking for a permanent residence (intend to make a home in the state).
My understanding is that if you meet the requirements for State of Residence under 27 CFR 478.11 as quoted by Frank Ettin above, then you are a resident of that state for the purposes of purchasing a firearm, and subject to the regulations of that state only, not the regulations of any other state in which you also reside. If any lawyers on this site feel I have that wrong, please let me/us know.
There is further discussion and clarification in the ATF document:
http://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf
TomNJVA (a dual resident but not a lawyer)
Per ATF Rul. 2010-6: (Emphasis added)
You must, however, provide a valid address within the state of purchase, and it must match that in a government issued document. My reading is that this applies to those living in an apartment, or a temporary dwelling while looking for a permanent residence (intend to make a home in the state).
My understanding is that if you meet the requirements for State of Residence under 27 CFR 478.11 as quoted by Frank Ettin above, then you are a resident of that state for the purposes of purchasing a firearm, and subject to the regulations of that state only, not the regulations of any other state in which you also reside. If any lawyers on this site feel I have that wrong, please let me/us know.
There is further discussion and clarification in the ATF document:
http://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf
TomNJVA (a dual resident but not a lawyer)
Last edited:
Frank Ettin
Administrator
All the correct information the OP might need (as well as some misinformation which other posts corrected) is now out in this thread. I'm going to close this before we start getting more misinformation or generate confusion, as often happens when this topic comes up.
- Status