Crossing state lines.


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bkjeffrey
October 20, 2009, 01:50 PM
If I am living near the border of two states, and lets say I travel to the other state to go to a gun show and I buy a gun, can I bring it back home with me in my home state?

Or, can I take a gun to the said gun show?

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NavyLCDR
October 20, 2009, 02:00 PM
1. It likely would not be a legal action. You may buy a rifle/shotgun out of state from an FFL only and the purchase must occur at their business location.

2. Out of state handgun purchases from anyone and out of state rifle/shotgun purchases from private parties are a violation of Federal law.

3. If you wish to make a purchase as in 2. above, you can buy the gun at the gunshow and then have the seller ship the gun to an FFL in your home state for transfer.

4. You can take your gun to the gun show and sell it to a licensed dealer or if you sell it to a private party, a licensed dealer at the gun show would be required to transfer it to the buyer.

These requirements are in 18 USC 922 (a)(3), (a)(5) and (b)(3).
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

kingpin008
October 20, 2009, 02:12 PM
NavyLT pretty much covered it, but next time you might want to do a search first. This issue has been discussed many times in the past.

bkjeffrey
October 20, 2009, 10:12 PM
Check, thanks guys.

gunlaw
October 20, 2009, 10:13 PM
Not sure about Ms or the nieghboring states, however many states have the peaceable travelers exception. If this is something that you do frequently consult an attorney.

NavyLCDR
October 20, 2009, 11:04 PM
Not sure about Ms or the nieghboring states, however many states have the peaceable travelers exception

What? :confused:

I am pretty sure an attorney would tell him, it's against Federal law. Don't do it.

gunlaw
October 21, 2009, 01:22 AM
the peaceable travlers exception allows a person,in a state that has such a statute.to possess a weapon.while on a continous journey through out that state.
not all states have this law but many do.
i have used this exception to succesfully defend several cliens in missouri and illinois.
please contact a local attorney regarding this if the transport of firearms if this is a concern to you.

Frank Ettin
October 21, 2009, 01:49 AM
But gunlaw, the question isn't about traveling across state lines with a gun. It's about the transfer of a gun in one state to a resident of another - a completely different issue.

kingpin008
October 21, 2009, 12:25 PM
And if one's destination is within a particular state, they're hardly on a "continuous journey" through that state, are they?

NavyLCDR
October 21, 2009, 12:29 PM
i have used this exception to succesfully defend several cliens in missouri and illinois.

Come on, guys, give Gunlaw a break, he is apparantly a lawyer, after all! :scrutiny:

EOD Guy
October 21, 2009, 01:22 PM
1. It likely would not be a legal action. You may buy a rifle/shotgun out of state from an FFL only and the purchase must occur at their business location.

If a dealer's licensed premesis is in the same State as the gun show, the gun show is considered an extension of his business location.
TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart F_Conduct of Business

Sec. 478.100 Conduct of business away from licensed premises.

(a)(1) A licensee may conduct business temporarily at a gun show or
event as defined in paragraph (b) if the gun show or event is located in
the same State specified on the license: Provided, That such business
shall not be conducted from any motorized or towed vehicle. The premises
of the gun show or event at which the licensee conducts business shall
be considered part of the licensed premises. Accordingly, no separate
fee or license is required for the gun show or event locations. However,
licensees shall comply with the provisions of Sec. 478.91 relating to
posting of licenses (or a copy thereof) while conducting business at the
gun show or event.

NavyLCDR
October 21, 2009, 01:44 PM
Thanks EOD Guy!

I meant the private party transaction would not be legal. I appreciate the clarification on the gun show rule, that makes it clear and I didn't know that.

bkjeffrey
October 21, 2009, 01:47 PM
Ok guys, got the answers I needed, thanks.

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