Purchasing a Handgun out of state

H

HHammer500

New member
I've done some searching for this, but haven't found a direct answer, please shut it down if I have violated the rules or posted in the wrong thread.

I'm currently in Gatlinburg, TN and am originally from Alabama, will I be able to purchase a handgun at the local Bass Pro Shop being out of state? All I have on me is my CCW permit and my drivers I.D.
 
You cannot purchase a handgun in a state other than your state of residence. Legally, that is. An FFL will shut you right down.

You can purchase a long gun (rifle, shotgun) anywhere in the USA, but not handguns. You can purchase a handgun if you have the handgun shipped directly to an FFL Dealer in your state of residence. That dealer will complete the NICS check with your 4473. The transfer to you must take place in your state of residence.

When I purchase a handgun via the Internet, for example, I have the handgun shipped to my local dealer. He then completes the transfer to me just as he does when he is selling me the gun.

Short answer: Can't do it.

Long answer: Can do it, but can't accept handgun in other state. The seller must ship it to a dealer in your state. Said dealer then makes the "intrastate" transfer to you.

Alles klaar ist?

Regards,

Walt
 
I think this is one law that needs changing before many others. It's a law that doesn't make any sense whatsoever since the same government agency is approving or denying the purchase no matter what state the purchase is in.
 
Yeah, it makes no sense whatsoever to me. The gun will be registered to me no matter where I am...I agree, this needs to be changed.
 
Yep, this is a PITA BATF reg basically designed to make handgun ownership more expensive and difficult, thus deterring them instead of effectively regulating them.

Now, since you say "currently in Gatlinburg" and "originally from AL" - where do you legally live? As in, do you rent a place in TN, and do you maintain a residence in AL? Sounds to me like you are a legal TN resident and just haven't changed your Driver's License? Just go do that and you are ready to go.

Alternatively, if you need to maintain you AL residency or DL, but are indeed a TN resident, go get a TN state ID Card. Show them your passport, proof of local residency (util bills, rental agreement, etc.). You then have legal TN ID. I am not sure of TN's specific deal, but all state's offer non-DL state ID cards that are legal proof just as a DL, but just not a DL.
 
Recently he in WV a pawn shop got arrested. An undercover AFT agent went in to buy a handgun and the owner sold it to him even though he was out of state.
 
Yeah, it makes no sense whatsoever to me. The gun will be registered to me no matter where I am...I agree, this needs to be changed.
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Filling out a 4473 and passing the NICS check doesn't constitute registration, regardless of what Joe Friday told you on television :cool: .

Regards,

Walt
 
The gun will be registered to me no matter where I am...I agree, this needs to be changed.
Click to expand...

Filling out a 4473 and passing the NICS check doesn't constitute registration, regardless of what Joe Friday told you on television
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Exactly, neither state in question requires registration.

I also think this is a stupid law in need of repeal.
 
buying in another state

I want to agree with a writer above. It REALLY makes no sense especially is the two states in question accept each other's CCW permits. I ran into this catch 22 recently in N.C. when I wanted to buy a handgun. The owner couldn't sell to me 'cause I was from Fla.
 
Too bad nobody's ever challenged the constitutionality of the "can't buy a handgun except in one's own state" silliness. Maybe the SCOTUS will give a favorable ruling in Heller and negate some of BATFE's intrusions into interstate commerce.

Can anybody think of any item that's legal in two states, but which item can't legally be bought by a resident of one of the states in the state that's not his state of residence? Handguns are THE ONLY such item.
 
negate some of BATFE's intrusions into interstate commerce
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It isn't a BATF intrusion. it's a Congressional intrusion; BATF is enforcing the law as written by Congress:
18 USC 922
Section 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;
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It isn't a BATF intrusion. it's a Congressional intrusion; BATF is enforcing the law as written by Congress:
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Understood: But BATFE does the intruding! I'd also bet a bunch that BATFE was behind the introduction of that legislation.
 
Actually I don't see that it is illegal to purchase a handgun out of state, only that it's illegal to receive it or transport it back into your state of residence. It is illegal for an FFL to sell a handgun to an out of state resident but it also doesn't appear that it would be illegal for a private party to sell a handgun to an out of state resident unless the seller knew or should have known the recipient was from out of state. Technicalities for sure but that's how I read it.
 
Read some more.
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If you know of something that shows me where I'm wrong in my interpretation, I would like to read it so that I don't post wrong information. Please tell me what it is I should read?
 
how does this statute affect the out-of-state purchase?

Sec. 926A. Interstate transportation of firearms


Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. EFFECTIVE DATE Section effective on date on which Firearms Owners' Protection Act, Pub. L. 99-308, became effective, see section 2 of Pub. L. 99-360, set out as an Effective Date of 1986 Amendments note under section 921 of this title.
 
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