question about gun purchases from out of state

[v8r]

I will be going to my hometown in Georgia in a few weeks,and wonder if it is legal to buy a gun there even though I live in Texas? There are two gun shops that I used to frequent that usually have lots of handi rifles,and I am in the market for a used frame to buy to get fitted with a 45 colt barrel .

[quickdtoo]

As long as you buy long guns from an FFL and your home state doesn't have any laws prohibiting bringing them back, it's perfectly legal. You can check Georgia and Texas state laws at the NRA link below. There's also a guide to interstate transportation of firearms on the page. Handguns may be different too.

Tim

http://www.nraila.org/GunLaws/

[handirifle]

When I visit family in Ohio, all the gun shops post states they can to guns to residents of.  mine isn't one of them  .

[MSP Ret]

Also regarding FFL sales or transfers of guns/firearms this is how I understand it and how it has worked for me for many years, as well as how it currently works for me. For a properly licensed person to purchase from a licensed dealer handgun sales are limited to his home state and contiguous states, those whose borders touch. Any legal long gun (rifle or shotgun) can be sold by a licensed dealer (FFL) to any properly licensed individual in a state whose borders do or do not touch. I live in Mass and can legally purchase (through and FFL) handguns in MA, RI, CT, NH, VT, and NY, but not in Maine whose states border does not "touch" the state border of Mass. I can however purchase (through an FFL) any long gun, rifle or shotgun in Maine, as I have done, or any other state as well, PA for example, unless specific local regulation prohibit the sale. Someone please correct me if I am wrong but this is the correct interpretation of the current law as I understand it....<><....

[quickdtoo]

Aquisition in person(face to face) of a shotgun or rifle from another state at an FFL is dependent on the purchaser's home state laws and the laws in the state in which the purchase is made , the requirement to be a contiguous state, a state bordering your state, is a  state law, not a federal law.

Tim

B2) From whom may an unlicensed person acquire a firearm under the GCA?]/b] [Back]

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]

http://www.atf.gov/firearms/faq/faq2.htm#b2

FWIW, Alabama just approved legislation to allow firearms sales to residents of any other state, but it still needs the governor's approval.

http://www.al.com/newsflash/regional/index.ssf?/base/news-28/1178060969307140.xml&storylist=alabamanews

[handirifle]

Yea the list of states Ohio would sell to was way more than those they border.  Kalifornia, I think prohibits us from buying from ANY other states.

[tomzuki]

Yep, California has a ten day wait on all long guns, and prohibits non-FFL transfers, no insta-check here.  I checked a couple of years ago and the dealers here charge quite a bit to "Import" a long gun for you.  Hand guns are all prohibited from transfer, period.  We now have a State Dept of Handgun Safety, and all handguns sold here must pass a safety test.  A drop test, and a list of safety features must apply for a handgun manufacturer to offer for sale.  Thats why you see Rossi/Taurus and others with triple safeties, loaded chamber indicators and the like.  This, the largest consumer market for everything drives and legislates features and legal responsibilities for all manufacturers, think Cars also with emission equipment etc.  We all must pay for these features that these imbeciles come up with.  They don't know the difference from a shotgun or a rifle, but they will "protect" us from "consumer harm" .  GIVE ME A BREAK!!!!!!

[georgeld]

Perfect reasons NOT to live out there, the way I see it.

"THEY" screwed things up so bad back east they couldn't stand it anylonger.
So "THEY" moved to Kalifornia and did the same things there til "THEY" can't take it anylonger there either.
SO: now "THEY'RE moving to CO and doing the same things here too. Ten more years and we'll all have to move somewhere else, or give 'em up.

Heck of it is, last year a buddy in S/Diego was robbed as he drew a few bucks from a street side ATM.  Cops told him he shoulda had a gun.  Hey what??

George

[handirifle]

There is more than a few things to criticize Ca about, but there is a LOT of good in this state as well.  Guns are a PART of my life, I'm not consumed by what I can and can't buy.  Handguns are NOT forbidden from FFL transfers, it just has to be a model that has already been "tested" and approved.  Yea that's a hokey method of trying to control handgun sales here, and yes politicians EVERYWHERE think, or want everyone to think, they have our safety in mind, but we do know better.  We know what their agenda really is.

If one is so inclined to believe there is just a small group that "travels" around the country changing gun laws then it's time to crawl back under the rock.  EVERY state has people that feel like that, but when Los Angeles county, CA has a population greater than the COMBINED population of 5 western states, there is going to be a LOT of those voices.  So factor that when you consider the voice power of the whole state.

LA county is one of about 40 in this state.  I live in northern LA county, the high desert.  We are separated, geographically from the city of LA by 70 miles (yes the county is that big), and our population here is over half a million.  I think the LA basin area's pop. is around 12 mil.  So when there is that many people, there will be a lot of voices to be heard.

Living here in the desert, I can, and did Saturday, drive to the ocean and go ocean fishing.  I can drive an hour, in a different direction and go snow skiing.  I can drive 45 minutes and do water skiing.  My son drove 100 miles NE of here and went white water rafting.  A 4 hour drive north allows you to climb Mt Whitney.  A 4 hour drive south and you can, if you want, visit Mexico.  A 4 hour drive NE and you're in Las Vegas.

I can drive an hour to the coast, get on a boat for an hour and spend a weekend on Catalina Island, 40 miles off the coast.  IF I wanted to, I can drive to LA for all sorts of entertainment, good and bad.  I can drive 20 min from home and be in 6,000ft mountains to hunt deer, black bear, coyotes, bobcat, and if it were allowed, Mt. lions.

I can go into a restaurant and not have to ask for the non-smoking section, because it it ALL non-smoking.  You see, I LIKE that.  I do like the variety we have here, I do not like ALL the variety, but the world wasn't made just for me.

I DO like the fact that when we make appeals to our Governor that he listens.  Such was the case in getting the TC handguns REMOVED from the handguns testing requirements.  So bash us all you want, it's your freedom.  I can be upset over certain issues of our laws and can and DO make issues of it with  my elected officials.

Not all of our gun laws are good or smart, but neither is any other state.

There, the soap box is someone elses now!

[Stan in SC]

The law concerning "touching" or contiguous states is outdated.This used to be a regulation but not any more.I checked with my FFL01 concerning this today.

Stan

[quickdtoo]

Stan, that may be true in your state, but not all. Oregon still has the contiguous state rule, and I know other states still do too, Missouri for one, I think.

FWIW, Washington has no restrictions on where a resident buys a firearm in person, and a non-resident may buy a firearm here providing the other state doesn't prohibit the purchase in either case.

Tim

166.490 Purchase of firearms in certain other states. (1) As used in this section, unless the context requires otherwise:

      (a) “Contiguous state” means California, Idaho, Nevada or Washington.

      (b) “Resident” includes an individual or a corporation or other business entity that maintains a place of business in this state.

      (2) A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state and receive in this state or transport into this state such rifle or shotgun, unless the purchase or transfer violates the law of this state, the state in which the purchase or transfer is made or the United States.

      (3) This section does not apply to the purchase, receipt or transportation of rifles and shotguns by federally licensed firearms manufacturers, importers, dealers or collectors.

      (4) This section expires and stands repealed upon the date that section 922(b) (3) of the Gun Control Act of 1968 (18 U.S.C. 922(b) (3)) and regulations pursuant thereto are repealed or rescinded. [1969 c.289 §§1,2,3,4]

http://www.leg.state.or.us/ors/166.html

http://www.atf.gov/pub/fire-explo_pub/gca.htm

[Stan in SC]

I stand corrected.Thank you Tim. BUT it is not true in all states correct?

Stan

[quickdtoo]

Nope, I'm sure there are other states that have no laws that restrict to bordering states, and as I posted earlier, Alabama is working on changing their laws. I'd bet Texas is free too, as liberal as their gun laws are.  It takes a lot of digging to find the specific laws in each state, today was the second time I looked for Oregon, finally found it.

Tim

[v8r]

thanks everyone for the info .

[tomzuki]

Handirifle,

Check out California's AB2521, 2006.  Legal and Licensed F.F.L. holders from out of State must now get written permission from the CA. D.O.J. to import a firearm into California.  Of course if a handgun, it must also be approved by the State Safety Laboratory. 

The California State paperwork and hassles of doing business as a legal licensed dealer now extend beyond State borders.  What dealer in any other State would subject themselves to this restriction and regulation??  Dealers were charging for their time to comply, but now this seems excessive, and I don't think they will "Play".  The only loosers in this are the consumers that now have restricted access.

We must stay up on the proposed new regulations so we can object with our representatives.  Afterwords is too late.

[darat100]

Tim

I know kentucky has the bordering state law. 

My question is this.  What about buying a gun in say tennessee and living in indiana.  you would have to pass through another state with that weapon.  What jurisdiction would that fall under?  State or federal?

[quickdtoo]

Here's a guide to interstate transportation of firearms.

Tim

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59

[handirifle]

Handirifle,

Check out California's AB2521, 2006.  Legal and Licensed F.F.L. holders from out of State must now get written permission from the CA. D.O.J. to import a firearm into California.  Of course if a handgun, it must also be approved by the State Safety Laboratory. 

The California State paperwork and hassles of doing business as a legal licensed dealer now extend beyond State borders.  What dealer in any other State would subject themselves to this restriction and regulation??  Dealers were charging for their time to comply, but now this seems excessive, and I don't think they will "Play".  The only loosers in this are the consumers that now have restricted access.

We must stay up on the proposed new regulations so we can object with our representatives.  Afterwords is too late.

Agree 100%  Thanks for the update