Buying Long Guns on vacation, how to comply with laws

[CNYCacher]

Let me preface this question by making it very clear that I am not looking for ways to get around any laws which would govern this specific situation. This question carries the distinct possibility of being misinterpreted as me looking for advice on being sneaky; that is not the case. I want to know how to do what I am going to ask the right way.


So I am infected with the milsurp bug, as many of you are. I love the cheap guns, the history, etc. I also love the cheap ammo, except no matter how cheap it is, it still burns me that I am going to pay 20-33% on top of the standard price just for shipping. Luckily, my favorite milsurp supplier, Aim Surplus is directly on a route I will be taking for a road trip in the future (fly out, drive back, NY-OK-NY). They offer on-site ordering and pickup, so when I go through on my trip I will like to stock-up on some ammo!

So the thought occurs to me that while I am there, maybe I can pickup that SKS I have been wanting, or maybe a K31, but then the uncertainty creeps in:

What are the legal ramifications of buying a long gun in person outside of your home state and then transporting it across state lines to your home (buying=OH, living=NY)?
Do FFLs need to be involved?
What if I have a C&R?
What if I don't?
What if it isn't a firearms dealer I am buying from, but a private party?


All relevant input is welcome, and please remember that I am not interested in "you probably won't get caught" advice.

PS. In case you were wondering: NY does NOT require registration of long guns like they do handguns, private party long gun sales are totally unregulated.

 

[Zak Smith]

http://www.atf.treas.gov/firearms/faq/faq2.htm#b2

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

In short, you may buy rifles and shotguns from FFLs in states other than your state of residence. Handguns must be transferred back through a local FFL in your state. You may not buy from a private person (non FFL) in any other state.

I am not a C&R expert, but I believe you can do C&R transfers in any state if you have the C&R FFL.

 

[deadin]

I might add that if you want to buy a long gun from a non-FFL out of State, you would need to use a FFL to do the transfer. Basically, it needs to go through his books.

And yes, If you have a C&R FFL, you can buy C&R elgible guns anywhere.

 

[Sleeping Dog]

Also, as quoted by Zak Smith, the long gun has to be legal in your state of residence. For example, CA buyers can't buy a "normal" AR-15 in NV from a NV FFL, even though they're legal in NV. They can only by a AR-15 clone that meets CA specs (no removable magazine, 10-rd limit, whatever else applies)

 

[Fly320s]

CNY,

Since AIM Surplus is a dealer, then you should be able to buy the rifles, and certainly the ammo, directly from them while you are there. You and AIM must comply with OK and NY regulations, but that shouldn't be a problem.

If you have a C&R FFL, then that is just icing on the cake; you'll be able to skip filling out the 4473 from, and AIM may give you a dealer discount.