Buying long guns in bordering state?


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Twmaster
February 8, 2012, 05:31 PM
I've spent some time surfing the web and am finding conflicting info on this.

I live in Texas presently. A buddy of mine owns a store in OKC. He tells me I can buy rifles from him as I live in a bordering state.

I'll be damned if I can find the regs on the ATF web site. (shocking huh? :D)

Can one of you folks point me to the relevant reading?

Thanks.

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docnyt
February 8, 2012, 05:34 PM
You can buy a long gun from an FFL in a neighboring state as long as you go through an FFL in that state, but you must have a handgun shipped to an FFL in your state.

BemidjiDweller
February 8, 2012, 05:41 PM
This may be wrong, but I thought you could buy a longgun in any state, as long as you comply with both that states laws as well as your own?

brickeyee
February 8, 2012, 05:55 PM
This may be wrong, but I thought you could buy a longgun in any state, as long as you comply with both that states laws as well as your own?

The 'adjacent state' laws went away with FOPA in '86.

Long gins in ANY state (though a few states have failed to adjust their laws).

Delivery (possession) of a handgun ONLY in your state of residence.

I used to have a signed copy of my FFL's license to give to out of state FFLs when I purchased a handgun.

I pay, leave the FFL copy, gun is shipped to my in state FFL, pick it up from him and pay $20.

I no longer am purchasing much so I do not bother having an FFL copy, but I still have his name, address, phone, and FFL number if I need it.

Twmaster
February 8, 2012, 06:52 PM
Thank you. There is part of my confusion then. I thought the bordering state rule went away in the 86 shake-up.

I was not aware I could buy a long gun (almost) anywhere.

I knew about handguns being an in-state thing only.

I guess I'll be dropping some dough in the dude's store next trip back to OKC!

:D

W.E.G.
February 8, 2012, 07:02 PM
http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html#out-of-state-resident

a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922(b)(3)]

The problem comes with so many dealers who don't want to be bothered to investigate whether the sale taking place in the dealer's state would also be legal in the buyer's state - so the dealer tells the out-of-state buyer to go away.

rromeo
February 9, 2012, 08:00 PM
My local WalMart has a map with colors shaded, showing which states' residents can buy guns there.

langenc
February 9, 2012, 11:33 PM
ditto

Driftwood Johnson
February 11, 2012, 01:20 PM
The problem comes with so many dealers who don't want to be bothered to investigate whether the sale taking place in the dealer's state would also be legal in the buyer's state - so the dealer tells the out-of-state buyer to go away.

That is correct. I have bought several long guns in neighboring states. The dealers are aware of the laws in my state, so they have no problem completing the deal with me.

I don't travel that much, so I have not attempted to purchase a long gun in a non-adjoining state.

But the bottom line is, a dealer can refuse to complete a sale for what ever reason he chooses. Unlike most other businesses, FFL holders are not required to sell to everybody who walks in the door.

matt 7mm
February 11, 2012, 01:36 PM
i live in new york near the pa line and have bought a few rifles from a shop just into pa.the shop owner told me he can sell long guns to new york residences over the counter but for handguns he has an arangement with an ffl in ny that he will deliver te gun to them where you can pick it up

bushmaster1313
February 11, 2012, 09:13 PM
The Dicks in Pennsylvania near the border with New Jersey (no pun intended) have a policy of not selling long guns to New Jersey Residents.

This sort of makes sense because there are long guns for sale in those stores that are not legal in New Jersey.

brickeyee
February 13, 2012, 05:06 PM
This sort of makes sense because there are long guns for sale in those stores that are not legal in New Jersey.

"Dicks said it was legal" is not going to work well in NJ, and would then open them up to a lot of attention from BATFE about WHY they sold a gun NOT in compliance with the purchaser's state of residence.

The FFL is required to comply with ALL the laws of both HIS state AND the purchaser's state.

Not wanting to deal with some states byzantine laws, rules, and regulations is likely a smart business move.

Attorneys are expensive (but invaluable when needed).

mgkdrgn
February 14, 2012, 12:12 PM
http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html#out-of-state-resident



The problem comes with so many dealers who don't want to be bothered to investigate whether the sale taking place in the dealer's state would also be legal in the buyer's state - so the dealer tells the out-of-state buyer to go away.
Not this one! :-)

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