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Buying a firearm while in another state.

Discussion in 'Legal' started by bullpup-addict, May 17, 2021.

  1. bullpup-addict
    • Contributing Member

    bullpup-addict Contributing Member

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    Location:
    Michigan's Thumb
    I will be traveling to WV from MI this summer and I am wondering if I could purchase a firearm from a gun shop in WV and is my MI CPL valid identification for the purchase? Or do I have to have my purchase sent to a FFL dealer in MI?

    Thanks CM...
     
  2. Jim Watson

    Jim Watson Member

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    You could buy a rifle or shotgun out of state, I think the Contiguous State requirement was dropped.
    A nervous clerk might not deal with you, though.

    Pistol, no. If you are actively shopping for a handgun, maybe your local would let you carry a copy of his FFL for the purpose.
     
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  3. dcloco

    dcloco Member

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    Varies state to state. If the state you are making the purchase in, has a waiting period, you still have to wait. ...and follow any other state laws they made up.
     
  4. CapnMac

    CapnMac Member

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    Location:
    DFW (formerly Brazos County), Texas
    Federal law permits this, but puts the burden on the LGS to make sure the sale is legal in both states. And many shops may not want the grief.
    State Law further complicates this.
    So, it's really down to the rules the local shop follows.
     
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  5. Quiet

    Quiet Member

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    bouncing between the 909 & the 702
    Federal laws prohibits the transfer of firearms between residents of different States without the use of a FFL. [18 USC 922(a)(3),(5)]
    Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

    Federal laws prohibits a FFL from transferring a firearm to a non-resident of their State, but provides an exemption to this if the firearm is a Title 1 Rifle or a Title 1 Shotgun and the transfer complies with the State laws of both the FFL and the non-resident. [18 USC 922(b)(3)]

    Therefore...

    As long as the transfer complies with WV and MI state laws, it would be legal to acquire a rifle or shotgun from a WV FFL dealer.

    Any handgun or other firearm needs to be transferred to you through a MI FFL dealer.
     
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  6. dogtown tom

    dogtown tom Member

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    The contiguous state restriction was eliminated in 1986.
     
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  7. MedWheeler

    MedWheeler Member

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    SouthEastern FL
    Jim Watson writes:

    To clarify for the OP, this would be so the selling dealer can be shown to whom the gun should be shipped. You pick it up when you get back home.
     
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  8. Neo-Luddite

    Neo-Luddite Member

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    For 35 bucks and about an hour of your time, you can get a C&R type 3 FFL in about 1-2 months. While not a perfect solution to your problem, you could also buy pistols over 50 years old while out of state at a gun store/gun show.in addition to the aforementioned rifles and shotguns most anyone can buy when lawful to do so. And when back home, those goodies over 50 years old can come right to your home.
     
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  9. Frank Ettin

    Frank Ettin Moderator Staff Member

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    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:

    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.
     
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