buying long guns out of state. Wisconsin

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rozziboy18

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hey guys,
i got a question about buying long guns in a retail store on a out of state license ie: in Wisconsin/live in Tennessee. i ask because i have a friend that up there now working his butt off as a claims adjuster and cant seem to figure it out. i know if you in Tennessee you can legally buy a long gun if you are from some other states but not all. any light on this matter would be awesome.

scenario: in Wisconsin on business from Tennessee , see a gun you like in a gs. can you buy it with out a ffl transfer?


and yes i googled the heck out of it.

thanks guys,
brandon
 
From the ATF website FAQ section

Q: From whom may an unlicensed person acquire a firearm under the GCA?

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]

Hope that helps!

ETA: "Licensee" means a licensed firearms dealer (a gun store, Cabela's/Bass Pro, etc.)
 
Before anyone brings it up, the requirement for the states to border each other (contiguous) went away in a 1986 amendment to the Federal Gun Control Act. Many states, such as Texas, still have laws on the books that were required prior to 1986 to specifically allow contiguous state rifle/shotgun purchases and sales. So long as those laws do not specifically prohibit an act (the Texas statute, for example, prohibits nothing), those outdated statutes are now meaningless.
 
Federal law says that anyone who may lawfully possess firearms, who is a resident of a state may purchase a rifle or shotgun from a dealer in any other state -- PROVIDED that the laws of both states are followed.

So the question is then, does WI have a law prohibiting dealer sales of long guns to folks from other states, or does TN have a law prohibiting its residents from buying long guns out of state? I don't see either in a brief search, so this should not be a problem.

The most pragmatic answer might be to ask the dealer who happens to have a gun you like. A dealer does NOT HAVE TO sell to anyone (and some don't like dealing with looking up other states' laws), so may say 'no' even if the sale would be legal. As his word is final, it doesn't much matter what the law says he could do.

However, FFL dealers have a big book in which they can look up the laws in other states. A good dealer could easily double check for you and let you know if he can proceed with the sale.
 
Once upon a time... our local Walmart had a map posted of which states were OK--there were about 6 states that had laws such that tWalmart could not sell a long gun to residents of those state. The knowledge is out there--ask an ffl dealer in Wisconsin. If he doesn`t know, he can contact AFT.
 
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