Non-resident gun purchase

R

Roland Thunder

New member
I think I know the answer to this but, is it against the law to purchase a handgun (in person) in a state you are not a resident of without using an FFL or is it only shipping shipping it to/from a state you are not a resident that is illegal.

To be specific, I am a resident of GA and I may be working in TX. Can I purchase a hand gun in TX (in person) while I'm there without having to have an FFL in TX ship it to an FFL in my home state of GA and then pick it up when I get back to GA
 
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Can I purchase a hand gun in TX (in person) while I'm there without having to have an FFL in TX ship it to an FFL in my home state of GA and then pick it up when I get back to GA
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No.

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-acquire-firearm-under-gca said:
From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
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Unless it's an antique or a modern replica of one, plus a few other considerations - like whether or not there's modern ammo for it if it's a cartridge gun.
 
GregInAtl ....To be specific, I am a resident of GA and I may be working in TX. Can I purchase a hand gun in TX (in person) while I'm there without having to have an FFL in TX ship it to an FFL in my home state of GA and then pick it up when I get back to GA
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You can purchase, but cannot take possession of firearms other than rifles or shotguns when outside your state of residence.


zoomie
Quote:
Can I purchase a hand gun in TX (in person) while I'm there without having to have an FFL in TX ship it to an FFL in my home state of GA and then pick it up when I get back to GA
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No.
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Wrong....it's possible for a nonlicensee to ship the handgun to the OP's state. No Federal law requires an FFL to ship any firearm.

OP can PURCHASE a handgun in Texas, he just cannot take possession of it in Texas.
-If he purchases a firearm other than a rifle or shotgun from a licensed dealer in Texas, the dealer must ship to a dealer in the OP's state.
-If he purchases ANY firearm from a nonlicensee in Texas, he cannot take possession. The Texas seller must ship it to a licensed dealer in the OP's state of residence.
 
more

The whole handgun across state lines issue is being tested right now, with a test case, based upon residents from DC, attempting to purchase a handgun in TX and return to DC with same. There are a number of statutes and laws in play, but the U.S district Court, for North District of TX found in favor of the purchasers and ruled the across state line laws unconstitutional.

The law still stands as written and enforced nation wide, but the whole business is likely headed to the US Supreme Court for a ruling.

The above is a very limited description of the facts, the document I have (dated 11Feb15) is frought with law speak that is way beyond me ...but we have not heard the end of this issue.
 
bamaranger said:
The whole handgun across state lines issue is being tested right now, with a test case,...
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The case is Mance v. Lynch (No. 15-10311). It is now on appeal to the Fifth Circuit, and the government has filed its opening brief.

But Mance v. Lynch is irrelevant to the OP's question.

Current federal law, now applicable to the OP's question, on the transfer of a firearm from a resident of one State to a resident of another (not including the rules for those with Curio and Relic licenses and the subject of dual residency) can be outlined as follows:

  • 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.C] 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;​

    ...
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