bushmaster1313
Member
Can a CT resident subject to the 14 day wait on long guns go to a state like PA or NY and purchase a long gun and bring it back to CT with no wait at all?
Can CT resident skirt 14 day wait by buying out of state?
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bikemutt
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I read somewhere that if an out of state FFL sells you a long gun that they must comply with the laws of their own state as well as the buyer's state of residence. If that is the case then the FFL would be inviting trouble, to say the least.
bushmaster1313
Member
That is what I was thinking about, but does the wording apply to the 14 day wait?
Academic question as I reside in NJ.
Academic question as I reside in NJ.
bikemutt
Member
I imagine it would apply to the 14 day wait. If that is CT state law, and the FFL must comply with CT state law, ergo. From what I've learned, this is at the core of why some FFLs prefer to avoid selling long guns to non-resident buyer's; the onus is on them to become versed in another state's gun transfer laws, a risky proposition since each state's legislators are busy churning out new ones all the time.
NavyLCDR
member
18 USC 922 (b)(3):
http://www.law.cornell.edu/uscode/text/18/922
The 14 day wait is a legal condition of sale in CT by statute and must be complied with regardless of what state you purchase the rifle/shotgun in.
http://www.law.cornell.edu/uscode/text/18/922
The 14 day wait is a legal condition of sale in CT by statute and must be complied with regardless of what state you purchase the rifle/shotgun in.
bushmaster1313
Member
I was told by the store clerk that they could ship a gun to a NJ FFL and there I, as a NJ card holder, would be good to go without the wait
NavyLCDR
member
If the New Jersey 14 day wait does not apply to you in New Jersey, then it does not apply to you outside New Jersey. If it does apply to you in New Jersey than it applies outside New Jersey as well. It's that simple. It does not matter if the gun is transferred to you at an FFL in Iowa or shipped to an FFL in New Jersery. Merely shipping the gun from one state to another does not negate the 14 day wait, if it applies to you in New Jersey.
mgkdrgn
Member
Not if the FFL you buy from "follows the rules" ... which says he must follow the laws of your home state.
Trunk Monkey
member
bushmaster1313 said:
What state is the gunstore clerk admited to the bar in?
bushmaster1313
Member
I think the clerk was right with respect to sending it to a NJ FFL for transfer to a NJ resident.
The CT store can certainly send it to a NJ FFL.
The NJ FFL could then transfer it to the NJ resident.
Based on what NavyLCDR posted, it appears that a CT resident could not skirt the CT wait by buying a long gun out of state.
I suspect that many eastern PA and southern NY FFL's feel comfortable selling non-semiauto rifles and non-semiauto shotguns to NJ residents with the NJ firearms card and a NJ driver's license.
NJ semi-auto laws can be tricky, because you need to take into account the features and the named guns on no-no list, such as the M1 carbine.
The CT store can certainly send it to a NJ FFL.
The NJ FFL could then transfer it to the NJ resident.
Based on what NavyLCDR posted, it appears that a CT resident could not skirt the CT wait by buying a long gun out of state.
I suspect that many eastern PA and southern NY FFL's feel comfortable selling non-semiauto rifles and non-semiauto shotguns to NJ residents with the NJ firearms card and a NJ driver's license.
NJ semi-auto laws can be tricky, because you need to take into account the features and the named guns on no-no list, such as the M1 carbine.
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NavyLCDR
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Bushmaster1313 said:
And the laws are EXACTLY THE SAME! If the NJ FFL can legally transfer the rifle/shotgun with no waiting period, then so could an FFL in any other state. If the NJ FFL had to observe a 14 day waiting period, so would an FFL in any other state.
Wait a minute... what the hell are we talking about?!? What is your state of residence, Connecticut or New Jersey?!? The laws of your state of residence apply, PERIOD. As do the laws of the state the FFL is located in . PERIOD. If one state's laws require the waiting period, than the waiting period applies, regardless of if it is the laws of the state of residence or the state laws where the FFL is located in.
Now we are talking about a PA or NY FFL sending a gun to a NJ FFL for transfer to a CT resident!?
So, let's really muck up the situation.... pay close attention boys and girls (raps the chalkboard with pointer...) Buyer is a resident of State A. He sees a rifle/shotgun in State B. The seller in State B ships the rifle/shotgun to an FFL in State C for transfer to the resident of State A. Which laws apply to the transfer of the firearm now?
Answer: Both the laws of State A and State C will now apply. Once the seller in State B ships the rifle/shotgun to the FFL in State C, the laws of State B will no longer apply.
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bushmaster1313
Member
I think it goes like this:
If the NJ resident goes to CT, the CT FFL has to impose the CT wait period on the NJ resident, who has to come back in 14 days, thereby exacerbating global warming.
However, I believe the CT FFL could send the gun to NJ, where the NJ resident would not have to wait before taking transfer from the NJ FFL
The CT resident buying a gun in another state would, I believe, have to comply with the 14 day wait, as well as any other CT restrictions, before taking transfer in the other state.
If the NJ resident goes to CT, the CT FFL has to impose the CT wait period on the NJ resident, who has to come back in 14 days, thereby exacerbating global warming.
However, I believe the CT FFL could send the gun to NJ, where the NJ resident would not have to wait before taking transfer from the NJ FFL
The CT resident buying a gun in another state would, I believe, have to comply with the 14 day wait, as well as any other CT restrictions, before taking transfer in the other state.
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NavyLCDR
member
Bushmaster1313 said:
Yes, that is exactly correct.
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