User Panel
User Panel
User Panel
|
Posted: 11/8/2001 6:48:21 PM EDT
[#1]
Quoted: 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? 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? 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. Reason for "The Gun Control Act Of 1968, Public Law 90-618? |
|
|
|
Posted: 11/9/2001 6:26:43 AM EDT
[#2]
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.
|
|
|
|
Posted: 11/9/2001 7:33:08 AM EDT
[#3]
As EOD states the "neighboring state" provision for long guns was stricken from Federal law some time ago. The requirement that the transfer satisfy the laws of both states, however, can be the kicker.
Ohio, for example, modeled it's laws on the original Federal statute and Ohio law provides for transferring a long gun ONLY in Ohio or a neighboring state. I don't know if someone in Wisconsin, for example, will know that Ohio law prohibits me from buying a long gun there. Ohio is, I believe, one of the few states still retaining this provision. It's up to the transferring FFL to know the law and they get a digest of state firearms laws annually from ATF. No handgun can be transferred other than in your state of residence; has to go thru a local FFL if it's coming from out-of-state. -- Chuck |
|
|
|
Posted: 11/13/2001 2:24:55 PM EDT
[#4]
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.
|
|
|
|
Posted: 11/19/2001 8:06:53 AM EDT
[#5]
Quoted: Ohio, for example, modeled it's laws on the original Federal statute and Ohio law provides for transferring a long gun ONLY in Ohio or a neighboring state. I don't know if someone in Wisconsin, for example, will know that Ohio law prohibits me from buying a long gun there. Ohio is, I believe, one of the few states still retaining this provision. It's up to the transferring FFL to know the law and they get a digest of state firearms laws annually from ATF. |
|
|
|
Posted: 11/19/2001 9:15:57 AM EDT
[#6]
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. |
|
|
|
Posted: 11/19/2001 10:00:57 AM EDT
[#7]
Thanks again Circuits, I always use the same FFL to buy my weapons, always at his shop, through the NICS, so I should have no problem with the purchase. Thanks, that is a relief. I will have my attorney ask for my weapon back on Wednesday. We will see what BS they come up with next! I'll post in the GD forum after trial, to keep y'all informed on how things are proceeding.
|
|
|
|
Posted: 11/19/2001 10:45:32 AM EDT
[#8]
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? |
|
|
|
Posted: 11/19/2001 12:02:30 PM EDT
[#9]
Oneshot --
The selling FFL should ensure the sale meets the laws of both PA and NY, that's why ATF sends each FFL the book on state laws. As purchaser you have a responsibility to know what's legal in NY and what's not. -- Chuck |
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
.jpg)
