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Buying a Handgun

Discussion in 'Legal' started by marineman, Jan 6, 2009.

  1. marineman

    marineman Member

    Joined:
    May 25, 2008
    Messages:
    266
    Here is the situation: I have a friend that is a resident of Illinois. He works in Maryland. He found a good deal on a handgun in PA and has a friend that lives in PA. What does he need to do to purchase the handgun from the store in PA? Does he personally have to drive to the store? Can he have it shipped to MD. Can his friend in PA buy the gun and then drive it down and have it transferred in MD? Any other options that would require minimal transit, confusion, and expense? He wants a Glock 21 with 13 round mags. Thanks.
     
  2. IdahoLT1

    IdahoLT1 Member

    Joined:
    May 22, 2008
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    Location:
    Boise, Idaho
    he can have it shipped from the gun dealer in PA to another FFL dealer in MD, unless state laws prohibit it. But if he lives/resides in Illinois, they might have other criteria or it might be unlawful for him to drive across certain state lines with that firearm. It is a felony for one person to buy a firearm for another, even if the other person is legal to own/purchase one. the best way to go about it is to contact firearm dealers/gun shops in all three states and state police or sheriffs in all three states and ask them. Its an ordeal to get the information but its better/safer than someones word over the internet.

    Some good information can be available here. Just click on the state.
    http://www.nraila.org/gunlaws/

    http://www.opencarry.org/maps.html
     
  3. Sam1911

    Sam1911 Moderator

    Joined:
    Oct 22, 2007
    Messages:
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    Location:
    Central PA
    No, it is not. As long as your state has no further prohibitions, you can buy a gun and give it or sell it to another person.

    However, this deal COULD become a "straw man" purchase if they try to skirt the rules. If your friend's friend buys the gun legally but then gives it to your friend -- who cannot legally buy it himself in that state -- then it's a straw man purchase and is illegal.

    Your friend needs to find an FFL in his home state who will transfer the gun from the dealer in PA. Just leave the Maryland aspect out of the picture. He can't have it transferred to a dealer in MD and buy it because he's not a resident.

    Unless this Glock is going to be practically free, the effort and expense is probably not going to be worth it.

    -Sam

    P.S. -- Where does this come from?
    Because of the "Safe Passage" passage in GCA '86, you may travel across any state line (even D.C.) on your journey from a state where you can own a gun, to a state where you may own that gun, without breaking the law. Now, IL will require an FIOD card to own that gun, but the dealer who handles the transfer can fill you in on that.
     
  4. IdahoLT1

    IdahoLT1 Member

    Joined:
    May 22, 2008
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    825
    Location:
    Boise, Idaho
    sam im no law professor. maybe i was just taught wrong or misunderstood, but ive heard of a number of people charged with driving weapons across state lines. It could also have to do with how its transported(i.e. some state wont allow it in the open, others want it disassembled and in the trunk, other want it in the glove box, etc.).

    And i was under the impression a firearm can be gifted to a family member but cannot be purchased for another person. Its one of the first lines on the form we all fill out when purchasing a firearm. It asks something to the effect of "are you purchaser of the firearm.... its a felony to purchase the firearm for someone else...yada yada"
     
  5. Bozo

    Bozo Member

    Joined:
    May 23, 2007
    Messages:
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    If you are buying the firearm for the express purpose of selling it to another because for whatever reason he can not buy it, then yes, it could be a straw purchase.

    He lives in Il, so that is where the transfer would have to take place.
     

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