Knowlege gap - I cant buy a gun in every state

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Thread: Knowlege gap - I cant buy a gun in every state

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    VIP Member Array 9MMare's Avatar
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    Knowlege gap - I cant buy a gun in every state

    So....am I naïve to have believed that, if I followed that particular state's laws, like waiting period, that as an American I was able to buy a gun in any state?

    Well, silly me. I had no idea that I didn't have the right to buy a gun in any state as long as I followed the state laws. In FL, I finally found an M&P Shield and they couldn't sell it to me. All parties involved were disappointed!

    How aggravating! It was a week ago now but I am still annoyed that this *right* is curtailed in some states....my marriage, my driving privileges, etc etc would be recognized, but not my right to purchase a firearm?

    Arghhh!


    How many other states only allow residents to purchase guns? (My CC permit didn't matter). I need to be prepared.
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    Ex Member Array MJB_17's Avatar
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    In TX you can buy a rifle or shotgun but not a handgun with an out of state DL/ID. Truth be told though, no reputable FFL will sell to you. The main reason being that this is a border state and selling to non residents is just begging for even more ATF scrutiny, which isn't exactly known for being an enjoyable venture.

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    I have bought handguns out of state on several occasions. The thing is I carry the business cards of two of my LGS that do transfers. If I happen on a good deal on something I want I just have the seller contact my LGS then they set up a legal transfer FFL to FFL. When I get home my purchase is waiting at my LGS and I just go in and complete the paperwork and everything is done legally.
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    AFAIK, handguns can only be sold to residents of the state in which the sale takes place. You can buy from an out of state seller, but the actual face-to-face transaction in that case has to be handled via FFL. For long guns sales, the rules vary state by state.
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    VIP Member Array 9MMare's Avatar
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    Quote Originally Posted by msgt/ret View Post
    I have bought handguns out of state on several occasions. The thing is I carry the business cards of two of my LGS that do transfers. If I happen on a good deal on something I want I just have the seller contact my LGS then they set up a legal transfer FFL to FFL. When I get home my purchase is waiting at my LGS and I just go in and complete the paperwork and everything is done legally.
    I have someone here to do that. He's a legal FFL and would legally accept it. That wasn't the issue. The state of FL will not sell a non-resident a handgun.
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    VIP Member Array 9MMare's Avatar
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    Quote Originally Posted by gasmitty View Post
    AFAIK, handguns can only be sold to residents of the state in which the sale takes place. You can buy from an out of state seller, but the actual face-to-face transaction in that case has to be handled via FFL. For long guns sales, the rules vary state by state.
    So if I have my FFL contact them...the sale could take place thru them?
    Fortune favors the bold.

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    VIP Member Array NC Bullseye's Avatar
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    I've bought handguns from FFLs in FL here in NC with no issues, you just have to have that FFL send it to an FFL in your state of residence. You first need to make sure that the FFL in your state will accept a gun from an out of state FFL since they aren't making any real money on it except for the transfer fee they charge you.
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    Quote Originally Posted by 9MMare View Post
    So if I have my FFL contact them...the sale could take place thru them?
    Yep, that's how it works. Just like all those fearsome "internet sales" we keep hearing about.
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    VIP Member Array Phaedrus's Avatar
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    Quote Originally Posted by 9MMare View Post

    How aggravating! It was a week ago now but I am still annoyed that this *right* is curtailed in some states....my marriage, my driving privileges, etc etc would be recognized, but not my right to purchase a firearm?

    Arghhh!
    You'd probably be disappointed to learn that people married to someone of the same sex routinely find that their marriage isn't recognized in other states. I agree that it sucks to have your rights ignored.
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    VIP Member Array 9MMare's Avatar
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    Quote Originally Posted by Phaedrus View Post
    You'd probably be disappointed to learn that people married to someone of the same sex routinely find that their marriage isn't recognized in other states. I agree that it sucks to have your rights ignored.
    Yes, and it wouldn't be recognized by the feds either. But it was a generalization.
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    VIP Member Array 9MMare's Avatar
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    OK, so in an odd turn of affairs, my 'FFL' is here right now. He is a friend of my renters and is visiting. He said he could put it together for me, if they still have it. They had 2 so fingers crossed.

    I guess I had never questioned this aspect of the law before and was surprised and disappointed.
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by 9MMare View Post
    So if I have my FFL contact them...the sale could take place thru them?
    Some basics: The 1968 GCA legislation required FFL transactions for any purchase involving a dealer. It also disallowed handguns being bought outside the state of one's residence and transferred into that state without the government's knowledge (ie, they leveraged the commerce clause in the Constitution to wangle this one). That same legislation also allowed some leeway with respect to long guns.

    So, if you're traveling, you have limits on what you can purchase while in that other state. Or, rather, you can purchase it, but you must arrange for the transfer to occur with an FFL inside your own state. If you're in a state that borders another state where both states make it lawful to purchase long guns in that other state and bring it to your own state, you're good to go as well.

    Basically, in WA you can hop on the phone and place an order for a product you found with an individual or shop in any other state, provided you have that gun shipped to your FFL dealer to execute the transfer into your state to your possession. It's not really any more complicated than that. If you go through your FFL shop for the transfer, no matter who you're buying from in another state, you should be fine.

    Except for NFA (class III) items (machine guns, etc). Except for face-to-face purchases you make, which may or may not be controlled by your state with respect to background checks or FFL transfers. Or, even for some long guns purchases, which IIRC a handful of states disallow outside the state of your residence.

    Myself, I have purchased handguns, long guns and NFA items from sellers in other states. Worked fine every time. In each case, the seller supplied the gun to his own FFL shop (which shipped it to my FFL shop), and then I took possession at my FFL shop once it arrived. No issues, and all the "proper" paperwork was filed. (Which is one of the reasons I strive to find everything I need within my own state, which allows undocumented private sales without the BS, tracking, tracing, threat of surreptitious crap by the "authorities" and all the rest.)
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    VIP Member Array 9MMare's Avatar
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    When I asked the gun shop guy in FL if I could just have it shipped to my WA St. FFL, he said no. I couldn't buy it directly in FL and just have it shipped there. The FFL had to conduct the transaction.

    That, to me, is a major distinction and not something I had already 'set up.' By the time I had set it up (at least discussed it with him by email)....I had driven 6 hrs away to the Keys. I would never have thought to set it up because I had no idea that I couldn't walk into a gun store in another state and not legally buy a handgun. Have a background check? Sure. Comply with a waiting period? Sure. Not be allowed to? No.
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by 9MMare View Post
    When I asked the gun shop guy in FL if I could just have it shipped to my WA St. FFL, he said no. I couldn't buy it directly in FL and just have it shipped there. The FFL had to conduct the transaction.
    Stand out in the parking lot and conduct the transaction over the telephone, though, from your WA-area-code cell phone, and you're technically not present personally making that purchase.

    Anyway, they were correct. Legally speaking, if you yourself are present and wanting to purchase a handgun, they're required to confirm you're a resident of that state.

    Call 'em, next time, once you've decided on your purchase. I've seen ads on GunBroker and various forums, before, where I'd called the shop, given them my in-state FFL's contact info, had my FFL send them a copy of their FFL papers, and then made the purchase. Gets transferred to me no problem. Wouldn't have mattered if I made that phone call while in my state or in Antarctica. It's still a lawful purchase, lawfully transferred via FFL.
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    State laws aren't the problem. Federal regulations prevent the purchase in another state. What you could have done was have it shipped to your LGS back home to complete paperwork and pick up.
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