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AR15.COM
6/30/2006 11:35:33 AM EDT
Ok i may just be retarded and ssumed a few to many things.  I am a NC resident but work out of state most of the time.  I always thought i could not buy ANY guns out of state unless i had them mailed to my state for an FFL transfer to me.  A local FFL told me this is wrong and he can sell me any long gun as long as it is legal and follows the rules of my state of residence.  When i think back i had started by buying handguns which are a no gun across state lines and i think i just assumed it applied to all guns.  Please advise me on the realities of buying guns out of your resident state.  ALso if this is the case, why can you only do FTF transfers from someone from your own state?
Im so excited cuss if this is true i'm going to be able to pick up some guns!!!!
6/30/2006 3:16:49 PM EDT
[#1]


This is something that has a lot of baggage tied to it- some of it is right and some of it is wrong.

To me the governing Federal law would be US Code, Title 18 Chapter 44 - Firearms.
In here in Section 922 are the Illegal Acts (Actions)

Section 922 (b)(3)(A) says:


(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),



This seems to give you the opportunity to do a FTF purchase from a licensed dealer
out of state.

Section 922 (a)(3)(B) says:


(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

(B) shall not apply to the transportation or receipt of a firearm obtained in
     conformity with subsection (b)(3) of this section,



This seems to give you permission to transport it home.

To address the last part of your question...

Section 922 (a)(5) says:



(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



This seems to prohibit INDIVIDUALS ( other than a licensed dealer ) from doing
FTF transactions when the transferor knows or has reasonable cause to
believe the purchaser does not live in the transferor's home state.

Please note this out of state purchasing has to from a licensed dealer and has to be
a rifle or shotgun only.  Handguns need not apply.

I am not a lawyer nor am I charging you for this advise so consider "what you get is worth
what you you paid for it" but I think you will find the copied sections of 18 USC Ch 44
to be correct.

6/30/2006 3:30:18 PM EDT
[#2]
wow thanks for that info.  It seems that aslong as i go a FTF transfer from a dealer in his state and the sale of the long gun conforms to both states laws then all is good.  Hell, i can even take it home (thank you BATF).  Odd that the sale does not work for private FTF transfers.  Thanks a ton.  Looks like i can go buy me some long guns..............
this just shocks me that i did not realise/ know this.  Guess i just assumed it was like handguns and never even attempted it.