Do I have to be in my home State to take possession of a handgun?

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BSA1

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I live in Kansas and while attending a Gunshow in Oklahoma I buy a handgun from a Oklahoma firearms dealer. There is a firearms dealer from Kansas also at the show so we do the FFL to FFL transfer and complete the background check (my conceal carry permit covers this). All is left for me to take actual possession of the handgun. Can I do this in OK or do we (dealer & I) have to be physically standing in KS?


What about buying from a Kansas dealer that happens to be at the show.

Also per Federal law can I purchase and take possession of a long gun in any other state, for example Texas? (Notice I said Federal law not sllly State restrictions).
 
BSA1 I live in Kansas and while attending a Gunshow in Oklahoma I buy a handgun from a Oklahoma firearms dealer. There is a firearms dealer from Kansas also at the show so we do the FFL to FFL transfer and complete the background check (my conceal carry permit covers this). All is left for me to take actual possession of the handgun. Can I do this in OK or do we (dealer & I) have to be physically standing in KS?
First, the Kansas dealer cannot sell or transfer any firearm other than a curio or relic when outside his state. He most certainly cannot have you complete a 4473 and run a NICS at an out of state gun show. ATF regs are darn clear on this. ATF even has this nice little brochure for gun show dealers: http://www.atf.gov/files/publications/firearms/ATF_I_5300%2023A.pdf

The OK dealer can transfer the firearm to a KS dealer, but the KS dealer must wait until he returns to KS to complete the transfer to you.

You (the transferee/buyer) can only acquire handguns (and other firearms such as frames and receivers) when you are in Kansas.


What about buying from a Kansas dealer that happens to be at the show.
He can take orders but cannot sell or transfer firearms at an out of state gun show.

Also per Federal law can I purchase and take possession of a long gun in any other state, for example Texas? (Notice I said Federal law not sllly State restrictions).
Federal law allows you to take possession out of state as long as the purchase does not violate state law in your state of residence or the state of purchase.
 
A dealer at a gun show can SELL a handgun to a buyer from another state (a state other than the one the gun show is in) but the buyer cannot take immediate possession of it. The money is handed over and a receipt given, but the selling dealer has to send the gun to a dealer in the buyer's state. In an area where four states are within a half hour's drive, such transactions are common, and I carry my dealer's card with me so the seller can contact my dealer and arrange for the gun to be shipped.

Jim
 
Frank Ettin said:
Handgun -- no. Long gun -- maybe. I'll cite the law when I get home later tonight.
The relevant law is 18 USC 922(a)(3) and 18 USC 922(b)(3), in pertinent part, emphasis added:
18 U.S.C. 922. Unlawful acts

(a) It shall be unlawful—
...

(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;​
....

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...

(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph

(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), ...​

...
 
I'm sure the dealer will want to ship it by USPS or UPS since you will be paying shipping costs. I once bought a handgun from an individual who lived in a neighboring state. Since he only lived 30 minutes away, we just met at a gun store in my state and did the transfer. Unlikely a dealer would want to take the time to do that.
 
What is the legal method of delivery?
Can FFL-A drive it to FFL-B's state to transfer it, or must it be done by a courier service?
any way it gets there is fine. I've delivered guns to out of state FFL's before when I happened to be traveling in that direction.
 
I bought a pistol in ND. They hired a taxi to drive it to MN FFL where I picked it up. Taxi driver asked if I had any ammo to send with it in case any drivers cut him off.
 
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