Buying out of State

[coloradokevin]

As I sit here and type this, our legislature here in Colorado is in the process of jamming some new gun control bills down our throats (winning by just a vote or two, from the looks of things). This issue has made me start thinking about future laws, and future purchases.

Ignoring laws of the home state for a moment, is a person who is otherwise legally able to buy a firearm still able to do so out of state from an FFL? Let me give you a "for instance", to illustrate my point:



In the next couple of years I'm thinking of buying land on which to build a cabin for vacation/retirement. I was originally planning to do this in Colorado, but may consider a purchase in Wyoming if we keep heading down this ridiculous liberal path. I'm stuck in Denver for career purposes, and I'm worried that we might soon have a state-level "assault weapons" ban in place.

If such a state-level ban came to pass that outlawed AR-15's, I'd still be a resident of Colorado because of my job. But, could I go to Wyoming and legally buy an AR-15 from an FFL, and then keep that gun at my cabin in that state?

In other words, what are the particulars of buying a gun from a gun shop in a state that you don't permanently reside in?

I've never looked into this issue before, so I'm not sure how it works.

 

[CoRoMo]

If you had dual residency, yes.

If you controlled a residence in Wyoming, you would be a resident of Wyoming while there.

 

[JohnM]

Probably depends on the state, but in Wyoming non residents can buy rifles and shotguns, but not handguns.

 

[CoRoMo]

True, being a Colorado resident, you can go buy a long gun today in Wyoming in no violation of any federal or state law.

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

(B11) What constitutes residency
in a State?
The State of residence is the State
in which an individual is present; the
individual also must have an intention
of making a home in that State. A
member of the Armed Forces on active
duty is a resident of the State in
which his or her permanent duty station
is located. If a member of the
Armed Forces maintains a home in
one State and the member’s permanent
duty station is in a nearby State
to which he or she commutes each
day, then the member has two States
of residence and may purchase a
firearm in either the State where the
duty station is located or the State
where the home is maintained. An
alien who is legally in the United
States is considered to be a resident
of a State only if the alien is residing
in that State and has resided in that
State continuously for a period of at
least 90 days prior to the date of sale
of the firearm. See also Item 5, “Sales
to Aliens in the United States”, in the
General Information section of this
publication.
[18 U.S.C. 921(b), 922(a) (3), and
922(b)(3), 27 CFR 478.11

 

[coloradokevin]

So, basically, long guns can be bought out of state, just not handguns?

 

[CoRoMo]

Yep.

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-acquire

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]

 

[MachIVshooter]

So, basically, long guns can be bought out of state, just not handguns?

From an FFL, yes.

Private party interstate transactions must be conducted through an FFL, regardless whether it's a hand gun or long gun.

 

[CoRoMo]

Frank's best...

http://www.thehighroad.org/showpost.php?p=8632067&postcount=3

[1] Under federal law, any transfer (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. 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.).

[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.

[4] 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.

[5] 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.

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

 

[Sam1911]

Two questions here:

1) Can you, as a resident of ONE state, buy a long gun from a dealer in another state?
A: YES. Provided the state laws of both states are followed. So, if your state says you cannot purchase an AR-15, a dealer from another state cannot sell you one, either. If your state requires a waiting period, or an FOID card, etc -- a dealer in another state must follow that law as well. FFLs have books covering all current state laws so they can check that sort of thing.

2) If you establish a second home in another state where you live for part of the year, you have residency in that state as far as the BATFE and gun purchases go. So, if your primary home state prohibits AR-15s, but your secondary home state does not, you may buy an AR-15 in that second state and keep it there.

 

[22-rimfire]

The purchase has to be legal in your state of residency. That's why retailers are simply not selling to anyone in a particular state in some cases rather than trying to figure out what the local laws are.