Can a FL ccw holder, reciprocity in N.C., buy a handgun there?

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becket

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Visiting NC from FL and wondering if I can buy a handgun from an FFL here for transport back to FL via car? Or can I buy and ship FFL to ffl? My ccw shares reciprocity if that matters.
 
Right, handguns must be transferred in the transferee's state of residence. Your carry license has no bearing on this.
 
Visiting NC from FL and wondering if I can buy a handgun from an FFL here for transport back to FL via car?.....

And that gives me a good opportunity to remind everyone about federal law on interstate transfers of firearms.

  1. Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

  3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

  4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

  6. Here's what the statutes say:
    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;​

    ...

    (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;​

    ....

    (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), and

    (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​
    ...
  7. Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.

....My ccw shares reciprocity if that matters.

It doesn't.
 
You can buy a handgun anywhere. But cannot take possession of said handgun outside your state of residence. If you had residency documentation for NC that would be a different story. Websites like Gallery of Guns, Gunbroker, Sportsman's guide can give you a list of FFL holders and about how much they charge for a transfer fee. Call a receiving FFL in Florida before buying to double check price and if they will do the transfer. That can save you from some headaches when getting it legally transferred to your home state.
 
you can buy a handgun in NC but it would have to be shipped to an FFL in Florida, which is your state of residence.
Frank Ettin gave the long version. The short version is that the FFL you are buying from must ship it to an FFL in your home state. You cannot take possession in NC and ship it to an FFL in FL yourself.
 
Further, at some gun shows its questionable that you can transfer that gun from the local FFL to another FFL at the table next to him who is from your state, and then take the gun from him on the spot. I wouldn't even try.

On the other hand - a tool discounter in a Branson mall picked up their FFL. They got a LOT of questions about it, and of course, every time stated that the handgun had to be shipped to an FFL in the visitors home state. In contrast, the customer could buy a Mossberg Shockwave out of the same display case and take it with them. The customers were obviously befuddled how they couldn't take the handgun but could take a "sawed off Shotgun" they considered barely legal. Much confusion ensued trying to explain that firearms law didn't make sense, it is what it is.

The Shockwave then was less than $400 and I wish I had negotiated a deal with the spouse at the time. Oh well. Not in stock now anywhere.

This question is once again of interest to many as there are now 16 million new gun owners in the last two years. And most are not "shooters" nor well versed in much of this at all. We need to keep patient as this isn't going away, and we have many allies to help educate.
 
Tirod writes:

Further, at some gun shows its questionable that you can transfer that gun from the local FFL to another FFL at the table next to him who is from your state, and then take the gun from him on the spot.

It appears you could...

...but..

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...

So, yes, it does appear that the visiting FFL (in this scenario) could transfer a firearm to a recipient who resides in the same state from which the FFL is but, in the case of a handgun, there is no legal provision for the recipient to bring it back to his home state without the use of a FFL.
 
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