Purchasing a firearm while on vacation


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wnycollector
February 2, 2011, 02:40 PM
While on vacation with my family, I visit pawn shops pretty regularly. On several trips I have been tempted to pick up a rifle or shotgun that are great deals. I have always passed because I was unsure of federal laws that pertain to this. Is it possible for me to purchase a long gun in another state from a pawn show, gun show or such and legally bring it to my home state?

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TexasRifleman
February 2, 2011, 02:46 PM
Is it possible for me to purchase a long gun in another state from a pawn show, gun show or such and legally bring it to my home state?

Long guns yes, handguns no. From the ATF FAQ:

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]

Sam1911
February 2, 2011, 04:23 PM
gun show or suchJust to clarify ... YES at a gun show, as long as you're buing from an FFL dealer. NO at a gun show if the seller is just some guy walking around with a rifle for sale -- unless you find a dealer there who will transfer it for you on the 4473.

oneounceload
February 2, 2011, 04:35 PM
I'll disagree with T - you CAN buy a handgun if legal in your state to own, you just can't take delivery at that moment - you would need your FFL's copy of his license to have it shipped to him for transfer when you got home

GRIZ22
February 2, 2011, 04:56 PM
at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale

NJ, for example, does not allow sales of any firearm to someone who is not a NJ resident. I don't know if there are others.

TexasRifleman
February 2, 2011, 05:18 PM
I'll disagree with T - you CAN buy a handgun if legal in your state to own, you just can't take delivery at that moment

ATF considers the "sale" to take place at the moment of transfer, not at the moment of cash changing hands.

Blackrock
February 2, 2011, 05:58 PM
Bought a rifle from a Cabela's store in Billings Montana last summer without a problem. Already had 4 rifles and 3 handguns on board but still found room for one more.

wnycollector
February 2, 2011, 06:52 PM
My focus is generally long guns but, if I found a handgun, I would have the selling dealer ship it to my local FFL dealer. That would be the only way I could get it on my pistol permit back in NY.

Sam1911
February 2, 2011, 07:57 PM
That would be the only way I could get it on my pistol permit back in NY. And the only way you could have it at all without you and the seller both committing federal felonies.

wnycollector
February 2, 2011, 08:17 PM
And the only way you could have it at all without you and the seller both committing federal felonies.

Yep and that also. Thanks again for the info guys!

Blackbeard
February 4, 2011, 10:27 AM
One more addenda -- if you have a C&R license, I believe you can buy C&R firearms in any state without restrictions. Just be sure to bring copies of your license when you leave home!

dogtown tom
February 4, 2011, 11:56 AM
Sam1911 Quote:
gun show or such
Just to clarify ... YES at a gun show, as long as you're buing from an FFL dealer. NO at a gun show if the seller is just some guy walking around with a rifle for sale -- unless you find a dealer there who will transfer it for you on the 4473.
Not just the guys walking around. Not everyone sitting at a table is a licensed dealer either. If you aren't asked to fill out a 4473 and pass a NICS they are not a licensed dealer.

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