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Posted: 11/8/2001 5:31:22 PM EDT
What is the reason behind the federal law that prohibits people from buying firearms in any state but their own without transferring them to a homestate FFL? I don't get it. Why can't I go to any state and buy a handgun, as long as state laws are followed? One would think from a federal perspective it wouldn't matter a bit where you make your purchase, because when the dealer goes out of business, ATF gets his books and your info no matter where you bought.
Link Posted: 11/8/2001 6:48:21 PM EDT
Originally Posted By Lazyshooter: What is the reason behind the federal law that prohibits people from buying firearms in any state but their own without transferring them to a homestate FFL?
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Been the law for a long time.
I don't get it. Why can't I go to any state and buy a handgun, as long as state laws are followed?
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Federal law does not allow the "cash and carry" of a handgun from a non-resident state. Federal law has allowed rifle/shotgun purchase in a neighboring state, but have heard it is allowable to purchase in any state and carry out. I find that hard to beleive, but I need to get the most recent 5300.4, last I have is dated 10/95. You can purchase a handgun across state line, BUT,, it has to go FFL to FFL in your home state for pick-up by you.
One would think from a federal perspective it wouldn't matter a bit where you make your purchase, because when the dealer goes out of business, ATF gets his books and your info no matter where you bought.
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Reason for "The Gun Control Act Of 1968, Public Law 90-618?
Link Posted: 11/9/2001 6:26:43 AM EDT
You can purchase a rifle or shotgun in any state. The catch is that the transaction must comply with the laws of both that state and you home state. This can be difficult if not impossible.
Link Posted: 11/9/2001 7:33:08 AM EDT
Link Posted: 11/13/2001 2:24:55 PM EDT
[Last Edit: 11/13/2001 2:19:06 PM EDT by stator]
The part about ATF requiring to go through each state's laws, I believe, is unconstitutional. I'm not referring to the 2nd amendment either. The issue is that the constitution gives interstate powers only to the federal level. The ATF ruling is basically abdicating federal responsibility by giving intrastate regulation to the states. Thus, is a no-no.
Link Posted: 11/19/2001 8:06:53 AM EDT
[Last Edit: 11/19/2001 8:07:05 AM EDT by oneshot1kill]
Link Posted: 11/19/2001 9:15:57 AM EDT
It is legal to buy a long gun from a DEALER out of state, in person at the dealer's premises or at an organized gunshow, provided the purchase complies with the laws of both the dealer's and buyer's states. If you purchased your AR from a private seller in PA, then the sale was in fact illegal. As for getting your property back, your lawyer should be able to file for a writ (the exact name of which escapes me) for the police to show cause why they are holding the rifle, and forcing them to return it unless they have a legal reason to hold it.
Link Posted: 11/19/2001 10:00:57 AM EDT
Link Posted: 11/19/2001 10:45:32 AM EDT
I've always wondered why the NRA didn't sue the federal government on the principle that this is a restriction of interstate commerce. Maybe this is just another federal law that supersedes the principle of unrestricted interstate commerce thus further impinging constitutional rights. A similar principle should apply to local laws that are used to further restrict the federal laws on firearms ownership, possession, trade, etc. The theory is that local laws cannot abrogate federal laws. Any comments from lawyers?
Link Posted: 11/19/2001 12:02:30 PM EDT
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