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Can I buy a gun in another state?

Discussion in 'Legal' started by mwd, Sep 7, 2008.

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  1. mwd

    mwd Member

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    Sep 5, 2008
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    I live in a small town in NM near the Texas border. We have a few gun shops within 20 miles but their selection is thin and expensive. I'm having a hard time finding the models I want.

    My step son lives in Texas 2 hours away and wants me to come over and go to the gun shops with him.

    If I was to go to a gun shop or gun show in Texas would I be able to buy a gun being a NM resident?
     
  2. bcp

    bcp Member

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    Nov 23, 2006
    Messages:
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    Location:
    SW WA
    Rifle, shotgun: Yes, from an FFL only, and you can take possession then, if no state waiting requirements. No face-to-face non-FFL sales.

    Handgun: Yes, from an FFL only, but you have to have it shipped to a NM FFL to take possession. No face-to-face non-FFL sales.
     
  3. wyocarp

    wyocarp Member

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    Location:
    Laramie, Wyoming
    I have the same problem with living in Wyoming. A lot more guns would get bought if I could walk out of a store in Colorado with a gun. It seems like this is one law that we need to work on. It makes absolutely no sense whatsoever. If we pass the check, we should get the gun!
     
  4. Duke Junior

    Duke Junior member

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    Location:
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    bcp is correct.ATF Rules:

    http://www.atf.gov/firearms/faq/faq2.htm#b1

    B. UNLICENSED PERSONS

    (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

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

    (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]

    (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]

    Shipping Methods:

    B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

    A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

    [18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

    (B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]

    A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

    [18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

    (B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]

    Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
     
  5. Duke Junior

    Duke Junior member

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    Location:
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    Correct.The Gun Control Act of 1968 is now 40 years old and very much overdue for history's dustbin.
     
  6. mwd

    mwd Member

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    Thanks much for the info. I'm getting a sinking feeling I'm going to have to settle for alternate choices and pay more for them to boot.
     
  7. Zundfolge

    Zundfolge Member

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    Location:
    Colorado Springs
    Now you see why they made it illegal to do so.
     
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