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Posted: 5/19/2009 8:28:20 PM EDT
[#1]
Both the seller's state's laws, and the buyer's state's laws must permit the transaction. In practice, this means you can sell long guns to a resident of any state, except California (Cali requires guns to go to a Cali resident through a Cali FFL), and handguns only to residents of Nevada.
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Posted: 5/21/2009 5:47:06 PM EDT
[#2]
Thanks for the info.
Where, if at all, does the neighboring state issue come up? |
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Posted: 5/22/2009 4:28:56 PM EDT
[#3]
The "neighboring states" provision of federal law existed from GCA 1968 until FOPA 1986. It's still encoded in some state laws, but usually as an exception, so once the federal law changed, the state law became more permissive automatically. It's always a good idea to check your own state's laws directly, or consult the "Published Firearms Ordnances" and FAQs from the ATF, but I believe the general case is that it's legal to sell long guns to a resident of any state, except California. California changed their laws in 1999, concurrent the with expansion of their state-level "assault weapons" ban, and up until then, licensees in other states were permitted to sell long guns to Cali residents, too.
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Posted: 5/23/2009 3:37:52 AM EDT
[#4]
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Posted: 5/23/2009 8:20:55 AM EDT
[#5]
You can sell to a Texas Resident.
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Posted: 5/23/2009 8:23:04 AM EDT
[#6]
Quoted: ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. |
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Posted: 5/23/2009 9:36:42 AM EDT
[#7]
Quoted:
Quoted:
ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. Wrong. NJ residents can buy long guns from a dealer in any state. |
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Posted: 5/23/2009 1:38:40 PM EDT
[#8]
The Nevada Revised Statutes specify that an FFL dealer in Nevada can ONLY sell long guns to a resident of a bordering State. The sale must also comply with both State's laws, so Kommie-fornia is out. Thus a Nevada dealer can sell long guns only to Arizona, Utah, Idaho, Oregon and Nevada residents. Handguns, of course, are sold to Nevada residents only.
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Posted: 5/23/2009 5:31:55 PM EDT
[#9]
Quoted: Quoted: Quoted: ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. Wrong. NJ residents can buy long guns from a dealer in any state. Of course not. First, there are some states that have purchasing requirements that preclude selling to out-of-state residents. So the "any state" thing is not going to happen. Second, NJ requires some forms (such as Certificate of Eiligibility - SP634) that out-of-state FFLs would not have. From the NJSP Web Site:
Third, NJ is a POC for the NICS check, another requirement that a non-NJ FFL cannot meet. The ATF requires: B2) From whom may an unlicensed person acquire a firearm under the GCA? 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. Since the out-of-state FFL can comply with the State Laws of NJ, the sale cannot legally take place. I am sure many have though. |
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Posted: 5/23/2009 8:05:28 PM EDT
[#10]
Quoted:
Quoted:
Quoted:
Quoted:
ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. Wrong. NJ residents can buy long guns from a dealer in any state. Of course not. First, there are some states that have purchasing requirements that preclude selling to out-of-state residents. Name them with cited law. So the "any state" thing is not going to happen. Wrong Second, NJ requires some forms (such as Certificate of Eiligibility - SP634) that out-of-state FFLs would not have. It is a downloadable .pdf form that any dealer can get. NJ residents are advised to take a copy out of state in case the dealer doesn't have any or doesn't know. From the NJSP Web Site:
Third, NJ is a POC for the NICS check, another requirement that a non-NJ FFL cannot meet. As long as a NICS check is done, the requirement is met. The ATF requires: B2) From whom may an unlicensed person acquire a firearm under the GCA? 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.
Since the out-of-state FFL can comply with the State Laws of NJ, the sale cannot legally take place. Wrong, even though you said can, not can't. I am sure many have though. Yes they have. Legally also.
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Posted: 5/23/2009 9:43:53 PM EDT
[#11]
Quoted:
Quoted:
Quoted:
Quoted:
ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. Wrong. NJ residents can buy long guns from a dealer in any state. Of course not. First, there are some states that have purchasing requirements that preclude selling to out-of-state residents. So the "any state" thing is not going to happen. Second, NJ requires some forms (such as Certificate of Eiligibility - SP634) that out-of-state FFLs would not have. From the NJSP Web Site:
Third, NJ is a POC for the NICS check, another requirement that a non-NJ FFL cannot meet. The ATF requires: B2) From whom may an unlicensed person acquire a firearm under the GCA? 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.
Since the out-of-state FFL can comply with the State Laws of NJ, the sale cannot legally take place. I am sure many have though.
haha ignorance at its finest. Tell all this crap to the dozen dealers ive legally bought rifles from out of state. Same rules apply when buying out of state, all the (NJ) paperwork and background checks just like i would if i bought something in NJ. Not to mention they all know what is and is not legal to own in NJ. If it was illegal to do this, i would HIGHLY doubt that many dealers would not know about it and risk their business like that. PK90 is also a deal in NJ, you can argue all you want with him about this shit but what he says is true |
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Posted: 5/23/2009 10:47:34 PM EDT
[#12]
ive bought long guns in lets see.... PA, VA, NC, and of course my home state of new jersey. unless someone has already rewritten the map of the united states to ensure that all those states border NJ, and i was not informed, im confident that not only is the bordering state thing a mute point nowadays, but that NJ residents can, in fact, purchase a long gun from any state of their choosing, provided the sale of said rifle is legal in both states.
one more example .... how many people make the trek each and every year to the CMP north and south stores? it must be thousands. and most of them leave with nice new long gun purchases. and im sure a fair share of them have made the journey from NJ.. hell, when dealing with the CMP, NJ's FID credentials along with the other federal regulations not only let us buy guns there in person, but those same credentials enable us to pick up a phone, order an M1 GARAND, and have it delivered straight to our comfy New Jersey Homes. |
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Posted: 5/24/2009 2:10:43 AM EDT
[#13]
Quoted:
Quoted:
ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. What a tool you are. Keep spreading your bullshit long enough and maybe even you will believe it. 
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Posted: 5/24/2009 7:12:28 AM EDT
[#14]
Quoted: I wrote:Quoted: Quoted: Quoted: Quoted: ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. Wrong. NJ residents can buy long guns from a dealer in any state. Of course not. First, there are some states that have purchasing requirements that preclude selling to out-of-state residents. Name them with cited law. So the "any state" thing is not going to happen. Wrong "There are lots of states he cannot sell to" Iti s documented in this thread that number is 46. I hate to always be right..... Hey I know it sucks being a gun owner in NJ. Been there done that, I know it makes you angry and you really want to pretend it is not as bad as it is. But the fact is, it is worse than you think. And deep down you know that and you become agitated and argumentative about it. You feel inadequate. I understand. Again, been there, done that. You just do not have the same gun rights as those of us in the free states. So I am not going to make you feel worse with documented facts anymore, you keep believing you can buy a gun in any state (despite the fact at least two states have already been mentioned in this thread alone will not allow it and several more I will not mention for civility will not either) and be happy about it. Oh yeah, I live in the free state of Texas and I cannot buy in CA, NV and some other states either (including NJ!). Doesn't bother me in the least. Now I am going to go shoot my suppressed MP5 while lawfully carrying my concealed Glock 18C.  |
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Posted: 5/24/2009 7:17:07 AM EDT
[#15]
Quoted: Quoted: Quoted: ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. What a tool you are. Keep spreading your bullshit long enough and maybe even you will believe it. Go try and buy an LE6920 in CA or NV and report back. We will see who is full of bullshit. I am sorry you live in NJ, but that does not change the facts that you cannot enjoy the same freedom as the rest of us. I mean, you cannot even buy a 30 round PMAG.......  ammoman is in NJ and cannot ship to his own residents. You live in NJ under these laws. Who is the tool? |
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Posted: 5/24/2009 7:58:12 AM EDT
[#16]
Quoted: PK90 is also a deal in NJ, you can argue all you want with him about this shit but what he says is true A dealer in NJ? Wow, that obviously makes him an expert on who an FFL in NV or any other state can sell guns too. You NJ guys crack me up, obviously your lack of gun freedom is a serious self-esteem issue.... |
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Posted: 5/24/2009 8:06:47 AM EDT
[#17]
Quoted:
Quoted:
Quoted:
Quoted:
ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. What a tool you are. Keep spreading your bullshit long enough and maybe even you will believe it. Go try and buy an LE6920 in CA or NV and report back. We will see who is full of bullshit. I am sorry you live in NJ, but that does not change the facts that you cannot enjoy the same freedom as the rest of us. I mean, you cannot even buy a 30 round PMAG....... 
ammoman is in NJ and cannot ship to his own residents.
NJ - a cruel joke on gun owners. You Sir are mistaken. You are obviously not a Legal adviser, nor well versed in State or Federal Law. The two posters from NJ are licensed dealers that conduct hundreds of transactions every year, othen from dealers and individuals in other States. Certainly, New Jerseys firearms laws are "cruel and unusual punishment" against its residents, but what you fail to realize is these laws make it difficult for dealers operating within the State, not for its residents to make casual purchases in person or outside the state. (within the confines of Federal Law) Someone visiting another "free state" could purchase a 30 round P-Mag, but he knows that to legally keep that magazine when he gets back home, it's going to have to be permanently limited to 15 rounds. Free people hate the New England States and often associate the major City's as examples for the rest of the State; I for one live eight hours away from the shit-hole affectionately known as "The Big Apple" yet it's not uncommon to have to explain that where we live is exactly like the Vermont Dairy farms 100 miles East of here. |
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Posted: 5/24/2009 8:24:10 AM EDT
[#18]
Quoted: You Sir are mistaken. You are obviously not a Legal adviser, nor well versed in State or Federal Law. The two posters from NJ are licensed dealers that conduct hundreds of transactions every year, othen from dealers and individuals in other States. Being a NJ dealer does not mean you know the laws of all 50 states + DC + US possessions. That should be obvious to anyone. I doubt even the most well versed legal expert or ATF official knows all the laws of all 50 states + DC + possessions. The cross reference would be huge, hence the reason the OP asked. I can play the I am an FFL too game. I am an FFL/SOT in Texas and I do not even know the state laws for the states that are contiguous, nor do I care. I do know there are certain places I cannot purchase in, CA, MA, NV, IL, NJ, DC to name a few (as a non-FFL). It seems the two posters are carrying too much ego to admit they are wrong - that there are some places a NJ resident cannot buy a long gun in. |
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Posted: 5/24/2009 8:27:31 AM EDT
[#19]
Quoted:
Quoted:
Quoted:
Quoted:
ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. What a tool you are. Keep spreading your bullshit long enough and maybe even you will believe it. Go try and buy an LE6920 in CA or NV and report back. We will see who is full of bullshit. well i wish YOU luck buying that same le6920 in CA, considering all the evil features they have that make them subject to the CA AWB.... also, i would have no issues if i bought the same thing in NV, as long as i didnt bring it home with me. the NJ AWb cant reach out and touch me if im in another state at the time. I am sorry you live in NJ, but that does not change the facts that you cannot enjoy the same freedom as the rest of us. I mean, you cannot even buy a 30 round PMAG....... http://l.yimg.com/us.yimg.com/i/mesg/emoticons7/40.gif we can if we want to, but its very unwise for us to bring those mags home in that configuration... but still, nothing legally prohibits us from purchasing them in a state where they are legal. ammoman is in NJ and cannot ship to his own residents. http://l.yimg.com/us.yimg.com/i/mesg/emoticons7/40.gif it has nothing to do with the laws of shipping ammo to various states, since NJ has NO restrictions on shipping ammo of any kind. im pretty sure he does that so he doesnt have to charge sales tax and deal with the associated paperwork and IRS stuff. You live in NJ under these laws. Who is the tool? http://l.yimg.com/us.yimg.com/i/mesg/emoticons7/40.gif exactly, we live in NJ, we know our laws, you clearly dont. you are officially the winner of one internets, for your work in becoming the worlds greatest armchair attorney. |
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Posted: 5/24/2009 8:28:37 AM EDT
[#20]
doubletap
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Posted: 5/24/2009 8:41:02 AM EDT
[#21]
Quoted: Quoted: ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. If it is not specifically prohibited by NV law then it is legal for a NV FFL to transfer a long gun in person to a NY resident as long as the rifle/shotgun is legal to possess under NY state law. |
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Posted: 5/24/2009 8:55:02 AM EDT
[#22]
Quoted: The Nevada Revised Statutes specify that an FFL dealer in Nevada can ONLY sell long guns to a resident of a bordering State. The sale must also comply with both State's laws, so Kommie-fornia is out. Thus a Nevada dealer can sell long guns only to Arizona, Utah, Idaho, Oregon and Nevada residents. Handguns, of course, are sold to Nevada residents only. Do you know what the statute is. I can't find that in the weapons/firearms section. TIA http://www.leg.state.nv.us/NRS/NRS-202.html#NRS202Sec300 |
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Posted: 5/24/2009 8:57:04 AM EDT
[#23]
Quoted: Quoted: Quoted: ut I believe the general case is that it's legal to sell long guns to a resident of any state, except California. There are lots of states he cannot sell to, I know NJ is one, probably NY, MD, DC, too. Maybe even VA, NC., but it has been awhile since I lived in those states so laws may have changed. If it is not specifically prohibited by NV law then it is legal for a NV FFL to transfer a long gun in person to a NY resident as long as the rifle/shotgun is legal to possess under NY state law. It is specfically prohibited by Nevada Law. Most FFLs even state so. Here is a excerpt from Bargain Pawn In order to buy a rifle or shotgun, you may be from Nevada or any contiguous state (NO, NOT CALIFORNIA SO DON'T ASK!) such as Utah, Arizona or Idaho. The only form needing to be completed is the federal 4473 form and submitting to a brady check and TAX. EFFECTIVE NOVEMBER 30, 1998, YOU HAVE TO SUBMIT TO THE BRADY BACKROUND FORM, CHECK AND PAY THE BRADY TAX ON ALL GUNS, IN CLUDING RIFLES AND SHOTGUNS!!!!! You will need to be 18 or over and have the same clean criminal background. Rifles and shotguns may be taken with you at the time of the sale, unless delayed by the brady crap. |
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Posted: 5/24/2009 9:22:56 AM EDT
[#24]
Quoted:
Quoted:
PK90 is also a deal in NJ, you can argue all you want with him about this shit but what he says is true A dealer in NJ? Wow, that obviously makes him an expert on who an FFL in NV or any other state can sell guns too. You NJ guys crack me up, obviously your lack of gun freedom is a serious self-esteem issue.... But you sir, a nobody posting on an internet forum, are an expert? Id rather trust a dealer from ANY state than some random claiming he knows all. |
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Posted: 5/24/2009 9:25:03 AM EDT
[#25]
Quoted: It is specfically prohibited by Nevada Law. Most FFLs even state so. Here is a excerpt from Bargain Pawn In order to buy a rifleor shotgun, you may be from Nevada or any contiguous state (NO, NOTCALIFORNIA SO DON'T ASK!) such as Utah, Arizona or Idaho. The onlyform needing to be completed is the federal 4473 form and submittingto a brady check and TAX.EFFECTIVE NOVEMBER 30,1998, YOU HAVE TO SUBMIT TO THE BRADY BACKROUND FORM, CHECK AND PAYTHE BRADY TAX ON ALL GUNS, IN CLUDING RIFLES AND SHOTGUNS!!!!!You will need to be 18 or over and havethe same clean criminal background. Rifles and shotguns may be takenwith you at the time of the sale, unless delayed by the bradycrap. I read that when I was doing a search for the actual statute that prohibits such sales to non-contiguous states. It's not listed in the latest ATF State Laws and I can't seem to find it in the database of NV state laws. There are approx. 15 or so states that prohibit such sales so it's certainly possible that NV is one of them. http://www.atf.gov/firearms/statelaws/28thedition/nevada.pdf |
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Posted: 5/24/2009 12:08:20 PM EDT
[#26]
rkbar15,
It is my understanding that the GCA took care of the contiguous portions of all state laws. (see above ATF Newsletter) Just like traveling through the states that disallow possession of certain type firearms. |
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Posted: 5/24/2009 2:54:05 PM EDT
[#28]
Quoted: But you sir, a nobody posting on an internet forum, are an expert? Id rather trust a dealer from ANY state than some random claiming he knows all. I am not randomly claiming anything or claiming to be an expert. In fact, I clearly offered doubt about my being 100% correct when I wrote ,"but it has been awhile since I lived in those states so laws may have changed." So I do not seen how anyone can think I was claiming to be an expert, in fact, I was clearly expressing doubt I may be correct. I do know there are some states that do not allow out-of-state residents to buy long arms. Thus anyone claiming they can buy in any one of the 50 states is wrong. I am not alone in this belief: rkbar15 stated: There are approx. 15 or so states that prohibit such sales so it's certainly possible that NV is one of them. I only know of 5-6, so apparently there are more than I know of. |
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Posted: 5/26/2009 10:34:15 AM EDT
[#29]
So much for my handy dandy ATF State Laws giant book that I just received that week. The statute quoted to in a prior post about Nevada is not in the book!
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Posted: 5/26/2009 3:08:18 PM EDT
[#30]
Quoted: There are approx. 15 or so states that prohibit such sales so it's certainly possible that NV is one of them. I only know of 5-6, so apparently there are more than I know of. I think the number is less than 15 now that the ATF clarified the issue with the states like NV that passed a contiguous state law to comply with federal law that was previously required but is no longer needed. |
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Posted: 8/4/2009 8:22:15 AM EDT
[#31]
Quoted: So much for my handy dandy ATF State Laws giant book that I just received that week. The statute quoted to in a prior post about Nevada is not in the book! Did you ever call NV branch ATF on this and get a real answer? I flipped through the book several times and can't seem to put my finger on anything either. |
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Posted: 8/4/2009 9:52:49 AM EDT
[#32]
Yes, I called. I got an answer, but you know when you get answer and you get the real sense that the person giving you the answer isn't listening fully and wants to answer a much simpler question than the one being asked?
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Posted: 8/4/2009 10:10:56 AM EDT
[#33]
Quoted: Yes, I called. I got an answer, but you know when you get answer and you get the real sense that the person giving you the answer isn't listening fully and wants to answer a much simpler question than the one being asked? Yeah....or they give you an answer thats more of an opinion? So did they say bordering states only (besides CA) or all? I'm going to E-mail Amy Johnson for an answer, she's actually pretty good at getting back to me. |
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