Can I buy it and bring it home legally?


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NoAlibi
February 9, 2011, 08:29 PM
I am visiting a friend in a neighboring state and he offered me a very good deal on a semi-auto pistol. Can I buy it and bring it home legally without going though a FFL dealer?

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RNB65
February 9, 2011, 08:33 PM
No. It only legal to buy a handgun in your state of residence. Buying a gun in another state and transporting it across state lines is a felony.

TexasRifleman
February 9, 2011, 08:36 PM
No. Take it to a local FFL and have him ship it to your favorite dealer back home, then do the transfer once you get back.

Long guns only across state lines.

That's assuming you have no weird state laws in play.

Oh, and to change the spelling in your title just click on "Advanced" while editing.

GRIZ22
February 9, 2011, 08:40 PM
If you can find a FFL in your home state that will accept a shipment from a non-FFL you can cut out the FFL fee at one end. FFLs can legally receive guns from non-FFLs but many prefer not to. You also need top see if there are any state laws that are applicable.

MEHavey
February 9, 2011, 08:43 PM
Are we saying that there is a federal law prohiting the sale between *private* individuals that takes place *within* a single state?

If so, please cite it.

hirundo82
February 9, 2011, 08:51 PM
Are we saying that there is a federal law prohiting the sale between *private* individuals that takes place *within* a single state?

If so, please cite it.



18 USC 922(a) (http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html)
(a) It shall be unlawful—
(1) for any person—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (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 firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

yeti
February 9, 2011, 08:53 PM
Are we saying that there is a federal law prohiting the sale between *private* individuals that takes place *within* a single state?

If so, please cite it.

Yes.

18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30] (http://codes.lp.findlaw.com/uscode/18/I/44/922)

MEHavey
February 9, 2011, 08:55 PM
Rats.

deadin
February 9, 2011, 08:59 PM
Long guns only across state lines.

And then only if you buy it from a licensee at his place of business and follow the laws of both States. (His and yours.)

Jim K
February 9, 2011, 09:08 PM
Do NOT ship the gun to your home state dealer without getting a copy of his FFL and make sure if you have an FFL send it to have him enclose a copy of his FFL.

If you ship direct to your home state FFL, be sure to enclose your name and address, and mark it to hold for you.

Jim

hirundo82
February 9, 2011, 09:19 PM
I am visiting a friend in a neighboring state and he offered me a very good deal on a semi-auto pistol. Can I buy it and bring it home legally without going though a FFL dealer? Nothing says the gun has to be shipped to the FFL, just that the transfer has to be done by an FFL in your state of residence. If you are close to the border, you and your friend can just drive across to your home state, go to an FFL, and do the transfer.

NoAlibi
February 10, 2011, 12:05 AM
hirundo82 - Thank you for posting the statutes. It appears to me that in my instance both the the buyer and seller would become criminals. I understand that the Feds are trying to stop the importation of firearms for illicit purposes, but it's sad to think that two friends could find themselves in the pokey for doing a little horse trading...well, gun trading.

I'm at my friend's place in Marietta, GA and I live in Boca Raton, FL so driving back to my place or even just over the state line would be impractical. We decided that when he and his wife come for a visit with us he'll bring the gun with him and we'll do the transfer then. Thanks for that suggestion too.....Doc

TexasRifleman - Thanks for the advice on long guns and the instruction on "Advanced" editing.

Jim Keenan, deadin, GRIZ22, RNB65 and yeti - thanks for providing all the detailed information.

nalioth
February 10, 2011, 12:18 AM
No. Take it to a local FFL and have him ship it to your favorite dealer back home, then do the transfer once you get back.I'd like to vote to stop perpetrating this myth.

You DO NOT have to ship from an FFL to an FFL. Yes, it can be cheaper. No, it is not legally required.

Depending on where the friend lives, he could very well drive across the state line and deliver it to the FFL himself.

bushmaster1313
February 10, 2011, 07:54 AM
Nothing says the gun has to be shipped to the FFL, just that the transfer has to be done by an FFL in your state of residence. If you are close to the border, you and your friend can just drive across to your home state, go to an FFL, and do the transfer.


Make sure your friend is allowed by your state laws to possess the gun in your state. I do not think FOPA applies.

As far as I am aware you could not drive into New Jersey to do this.

kingpin008
February 10, 2011, 08:28 AM
Bushmaster - if his friend is coming down specifically to visit him, then FOPA does apply, as it's his final destination. Nothing in FOPA says that he has to return with the gun he entered the state with - just that it be legal in his final destination.

nalioth
February 10, 2011, 08:49 AM
Bushmaster - if his friend is coming down specifically to visit him, then FOPA does apply, as it's his final destinationThat's exactly why jail awaits.

FOPA only protects you if the laws in your origin and destination state would not make you a criminal for possession of whatever firearm(s) you're carrying.

hirundo82
February 10, 2011, 11:21 AM
Nothing says the gun has to be shipped to the FFL, just that the transfer has to be done by an FFL in your state of residence. If you are close to the border, you and your friend can just drive across to your home state, go to an FFL, and do the transfer.

Make sure your friend is allowed by your state laws to possess the gun in your state. I do not think FOPA applies.

As far as I am aware you could not drive into New Jersey to do this.

Good point about state laws. I saw that the OP lives in Florida so I was ignoring the possibility of stupid gun laws there and in the surrounding states, but that is a concern for other areas of the country.

dogtown tom
February 10, 2011, 12:07 PM
deadin Quote:
Long guns only across state lines.
And then only if you buy it from a licensee at his place of business and follow the laws of both States. (His and yours.)
Place of business or a gun show.

kingpin008
February 10, 2011, 01:54 PM
That's exactly why jail awaits.

FOPA only protects you if the laws in your origin and destination state would not make you a criminal for possession of whatever firearm(s) you're carrying.

Yes, I understand that. Since the OP never mentioned anything about the gun being illegal to possess in either state, I'm assuming that it's not - therefore, FOPA covers.

henschman
February 10, 2011, 04:21 PM
It would be extremely difficult to get caught for this crime.

kingpin008
February 10, 2011, 07:25 PM
It would be extremely difficult to get caught for this crime.

Regardless of the probability of being caught, we follow the law on THR.

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