Interstate sale of firearm, Federal regulations

gard

H-M Supporter - Silver Member
H-M Supporter - Silver Member
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Under what conditions can I legally go to another state and get possession of a modern pistol or rifle? I was under the impression that I needed to coordinate the sale between ATF licensed dealers in both states but a friend of a friend said he was able to go to another state, purchase a gun, fill out the forms, do the instant background check then travel home with the firearm. He thought the dealer filled out some form specific to his home state and knew what was legal there. He already had a carry permit in his home state.

A second question, my understanding was that I could inherit a gun from someone in another state and bring it home without going thru a dealer?

My understanding is it would be illegal to go to another state and purchase a firearm from a private seller and bring it home without ever having a dealer or instant background check involved?
 
I think it all depends on what state. Here in Illinois I can buy a rifle out of state and not have to have it transferred to my FFL. But a handgun I would have to have transferred. And with either way its a 3day wait minimum for the background check been two weeks to a month. They say it’s instant for some but Ive never waited less than 3days.
Going through a private sale yes I believe you have to go through FFL’s.
Inherited across state lines I would think FFL. Within state lines idk maybe??
 
Here in Georgia I can buy and sell from/to whomever. That of course means if both are legal to possess a firearm. No record needed but wise to do anyway. I just do a bill of sale.
 
I think it all depends on what state. Here in Illinois I can buy a rifle out of state and not have to have it transferred to my FFL. But a handgun I would have to have transferred. And with either way its a 3day wait minimum for the background check been two weeks to a month. They say it’s instant for some but Ive never waited less than 3days.
Going through a private sale yes I believe you have to go through FFL’s.
Inherited across state lines I would think FFL. Within state lines idk maybe??
Same here in the Republic of Massachusettstan, except there is no waiting period.
 
Once the firearm has been sold from a dealer, the authority kinda reverts to the states and that's where it gets a tad ambiguous.
Waits. Permits. Filings. or not....
I can drive to OK and buy a gun from dealer (with ID) or from a citizen (with no ID) and drive back to KS with it and no more or less paperwork is req'd. Done and done.
However, if i drive to MO, then it matters if it's a handgun (registration transfer) or long gun (no transfer).
The Feds get back involved again if I ship it on a common carrier (truck, UPS, USPS, etc.), but not if I'm in personal possession the whole time.
Check your state, their state, and all the states in between and you're good to go.
 
from ATF website commonly asked questions
ATF
"May an unlicensed person acquire a firearm under the GCA in any state?

Generally, a person may only acquire a firearm within the person’s own state. Exceptions include the acquisition pursuant to a lawful bequest, or an over-the-counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s state of residence and the licensee’s state of business. 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); 27 CFR 478.29]"

I have been doing a little reading on this website. I think if you are driving to another state and buying (or selling) a firearm without an FFL involved you and the seller are in violation of federal law.
If you go to a dealer in another state they will know if both states will allow it and what kind of firearm if any they can sell. In some cases they will be able to transfer the firearm to a FFL in your state. You can also find a list of FFLs in your area, it turns out there is one a couple miles up the road from me that will do the transfer a much more reasonable cost than the big gun shop.
 
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