Buy rifle in another state w/NICS check, need FFL to take home?

Buy rifle in another state w/NICS check, need FFL to take home?

This is a discussion on Buy rifle in another state w/NICS check, need FFL to take home? within the Defensive Rifles & Shotgun Discussion forums, part of the Related Topics category; I know for a handgun, if you were to purchase it in, say Washington, and you live in Oregon, it'd have to be shipped to ...

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  1. #1
    Member Array Ananael's Avatar
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    Buy rifle in another state w/NICS check, need FFL to take home?

    I know for a handgun, if you were to purchase it in, say Washington, and you live in Oregon, it'd have to be shipped to an Oregon FFL, but does the same hold true for a rifle, or could you simply transport it home after the NICS check in Washington?

    All knowledge & time appreciated!


  2. #2
    Ex Member Array Ram Rod's Avatar
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    You can purchase a firearm anywhere in the US. Thing is carrying it out the door. The ATF+E (explosives) make the rules for out of state purchases. Depends on where you are and where you're going pretty much. Your risk with walking out with something and going across state lines is governed.........just like everything else these days. Consult your resident FFL and the laws pertaining to your specific deal. You may or may not have men in black following you. This is where they might get you when the laws are made to be unclear.

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    Distinguished Member Array AutoFan's Avatar
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    As I remember, it has to be a legal purchase in both states, and has to go by the laws of both states (some states require an FFL on both ends, for example) and the states have to be contiguous (i.e. Michigan and Indiana).

    But it is late here, my brain may be fuzzy, go ask the BATFE (or look on their website).

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    but does the same hold true for a rifle, or could you simply transport it home after the NICS check in Washington?
    Yes, if its legal to do so in your state. Lots of people here go to the Tulsa gunshow and bring back all sorts of goodies...except for handguns, which have to be shipped to an FFL, but you already knew that.
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    Distinguished Member Array tangoseal's Avatar
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    FFL means

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    That is the true meaning behind this liberal idea.
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    VIP Member Array automatic slim's Avatar
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    Under FOPA '86, long guns can be purchased in any state and transported to your home state provided both states have no laws prohibiting it.
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    Quote Originally Posted by automatic slim View Post
    Under FOPA '86, long guns can be purchased in any state and transported to your home state provided both states have no laws prohibiting it.
    This is my understanding as well. I live in TN but visit PA often and buy long guns from a dealer with no problem. They put my TN DL into the check system and the report comes back good to go.
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    Back in '79, while I was a GA resident stationed in Spokane, WA, my wife (also a GA res.) tried to buy a muzzleloader kit for me for Xmas. She couldn't buy it, I could. WA didn't allow non-residents to purchase firearms, but military members could.

    I don't know what WA laws say today, but I'm sure any WA (or OR) GS can advise you on that.
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    Distinguished Member Array AKsrule's Avatar
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    Quote Originally Posted by Ram Rod View Post
    You can purchase a firearm anywhere in the US. Thing is carrying it out the door. The ATF+E (explosives) make the rules for out of state purchases. Depends on where you are and where you're going pretty much. Your risk with walking out with something and going across state lines is governed.........just like everything else these days. Consult your resident FFL and the laws pertaining to your specific deal. You may or may not have men in black following you. This is where they might get you when the laws are made to be unclear.
    ****************************
    ATF Firearms FAQ

    Q: From whom may an unlicensed person acquire a firearm under the GCA? A person may only acquire a firearm within the personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licenseeís 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.
    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


    Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaserís own State? A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaserís State of residence for the purchaser to obtain the firearm from the dealer.
    *******************************
    -------
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    Quote Originally Posted by Ananael View Post
    I know for a handgun, if you were to purchase it in, say Washington, and you live in Oregon, it'd have to be shipped to an Oregon FFL, but does the same hold true for a rifle, or could you simply transport it home after the NICS check in Washington?

    All knowledge & time appreciated!
    If you a resident of Oregon, the answer is Yes, you may purchase a rifle or shotgun from a contiguous state with or without an FFL and drive it home yourself.

    Under federal law, an FFL may sell a rifle or shotgun to a person who is not a resident of the state where the licensee's business premises is located in an over-the-counter transaction provided the transaction complies with State law where the licensee is located and the State where the purchaser resides. [18 U.S.C. 922(b)(3)]

    Oregon State Statute: 166.490: Purchase of Firearms in Certain Other States:
    (2) A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state and receive in this state or transport into this state such rifle or shotgun, unless the purchase or transfer violates the law of this state, the state in which the purchase or transfer is made or the United States.
    (3) This section does not apply to the purchase, receipt or transportation of rifles and shotguns by federally licensed firearms manufacturers, importers, dealers or collectors.

    (a) "Contiguous State" meaning: California, Idaho, Nevada or Washington.
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  11. #11
    Member Array Ananael's Avatar
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    Thank you all! :)

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    Member Array chiefneon's Avatar
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    Quote Originally Posted by AKsrule View Post
    ****************************
    ATF Firearms FAQ

    Q: 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.
    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


    Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
    *******************************
    Howdy!

    I recently stopped into Cabela's located in Billings, MT. While shopping I observed a rifle that I was interested in purchasing. I advised them I was from Texas and wanted to purchase the rifle. They advised me I could not purchase it that they only sold firearms to state residence. I would think after reading the above that a place as big a Cabela's would know this information regarding firearms sales, or I guess it could be a store policy.

    "Happy Trails"
    chiefneon

  13. #13
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    Quote Originally Posted by chiefneon View Post
    Howdy!

    I recently stopped into Cabela's located in Billings, MT. While shopping I observed a rifle that I was interested in purchasing. I advised them I was from Texas and wanted to purchase the rifle. They advised me I could not purchase it that they only sold firearms to state residence. I would think after reading the above that a place as big a Cabela's would know this information regarding firearms sales, or I guess it could be a store policy.

    "Happy Trails"
    chiefneon
    You are reading some commonly asked ATF questions about the Federal Gun Control Act. Read the bold text. "provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides." Both Montana and Texas have similar provisions in their respective Firearms Codes that allows for the sale of a rifle or shotgun to a resident of a contiguous state. MT 45-8-342 & TX 46.07.
    Your state is not contiguous to Montana however this would not preclude a FFL dealer in Montana, or any other state, from transferring a rifle, shotgun or handgun to an FFL in the state you reside in, TX.
    You purchase the rifle out of state from an FFL, the FFL sends it to an FFL of your choice in your state, and you fill out the necessary paperwork and the NICS background check at your local FFL.

    Cabela's may tell you that you can 1. order the same gun on-line, 2. visit their store in TX that has the same rifle or 3. as you mentioned, have some other store policy regarding how they sell out of state.

    Do you remember the make and model number of the rifle?
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  14. #14
    Member Array chiefneon's Avatar
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    Thanks, I'm sure I will be able to locate one in Texas in time.

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    Alabama lets me buy a long gun with a GA license. As long as I pass BG check.

    GA lets my father buy longgun with AL license. As long as he passes BG check.

    I am sure many other states do the same. But these are the only 2 states i get my boomsticks from.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

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