basic gun show Q?


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BlkHawk73
April 11, 2003, 08:47 PM
ok, I am counting on you folks to answer a question/settle a discussion for me. Can a resident of one state attend a gun show in another state and purchse/take home a firearm? Would it matter if the buyer and dealer were from one state but making the sale/exchange in another?

thanx all!:p

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Lone_Gunman
April 11, 2003, 08:57 PM
All laws apply at gunshows.

Can you legally buy a gun in another state, if you are not a resident? That is the real question, but I dont know the answer.

I have heard a rumor you can buy long guns, but not handguns, but I have never seen that in writing.

Hillman
April 11, 2003, 09:51 PM
You'd have to check with the laws of the State you live in.

Here in Michigan, all handguns must be delivered thru a FFL Dealer. I can purchase out of state, but must have the seller ship to a FFL Dealer in the state. The dealer typically charges a fee ($20 approx) to accept, but that is the only legal route.

another okie
April 11, 2003, 09:59 PM
Federal law prohibits crossing state lines to buy a handgun. I don't have the citation handy, but I'm sure someone will provide it soon. You can arrange the purchase and have them ship it to your local FFL, who will actually carry out the transaction.

Hkmp5sd
April 11, 2003, 10:05 PM
I have heard a rumor you can buy long guns, but not handguns, but I have never seen that in writing.

§ 178.96 Out-of-State and mail order sales.

(c)(1) A licensed importer, licensed manufacturer, or licensed dealer may sell or deliver a rifle or shotgun, and a licensed collector may sell or deliver a rifle or shotgun that is a curio or relic to a nonlicensed resident of a State other than the State in which the licensee's place of business is located if -
(i)The purchaser meets with the licensee in person at the licensee's premises to accomplish the transfer, sale, and delivery of the rifle or shotgun;
(ii) The licensed importer, licensed manufacturer, or licensed dealer complies with the provisions of § 178.102;
(iii) The purchaser furnishes to the licensed importer, licensed manufacturer, or licensed dealer the firearms transaction record, Form 4473, required by § 178.124; and
(iv) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.


http://www.atf.treas.gov/pub/fire-explo_pub/part178.pdf

Lone_Gunman
April 11, 2003, 10:15 PM
OK, looks like I have now seen it in writing.

bigjim
April 11, 2003, 10:46 PM
What if the seller is not a licensee? What if I go to nevada from CA and buy a gun from some guy? Are any laws broken?

Telperion
April 11, 2003, 10:53 PM
What if the seller is not a licensee? What if I go to nevada from CA and buy a gun from some guy? Are any laws broken?

Private party transfers are only ok if both parties are residents of the same state. Plus, since it's CA, you can run afoul of all the jackass laws regarding which pistols and rifles you are state-sanctioned to own. :rolleyes:

Hkmp5sd
April 11, 2003, 11:08 PM
(except for a couple of minor exceptions) You may buy a firearm from a non-licensed person in another state, but the seller must ship the gun to a FFL in your state of residence. The FFL then transfers the gun to you.


What if the seller is not a licensee? What if I go to nevada from CA and buy a gun from some guy? Are any laws broken?

§ 178.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State : Provided, That the provisions of this section:
(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over -the-counter transaction at the licensee's premises obtained in conformity with the provisions of § 178.96(c) and (c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of § 178.30 and 178.97.

rick_reno
April 11, 2003, 11:55 PM
Quote "What if the seller is not a licensee? What if I go to nevada from CA and buy a gun from some guy? Are any laws broken?"

When I lived in Kalif - I remember attending a gunshow in Reno. There was a guy selling AR rifles in the parking lot from his trunk, he appeared to be "targeting" people who drove in with Kalif. license plates on their vehicles. He had a bunch of them in his trunk. It looked suspicious, I didn't think to ask him what law enforcement agency he was working for.
I'd be careful about buying something you suspect might be prohibited by Kalif. in another state and siince so much is prohibited by Kalif. it'd be easy to violate some law. Unless you use one of the less traveled roads coming back into Kalif. - you have to go thru the fruit inspection station. If you've got that "I've got a banana in my pants" look - they'll search your vehicle. I don't know what they do when they find a weapon, but I wouldn't want to find out either.
Best bet is to move back to the United States when you get the opportunity. You can then buy what you want without any hassles.

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