Can I buy it and bring it home legally?

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NoAlibi

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I am visiting a friend in a neighboring state and he offered me a very good deal on a semi-auto pistol. Can I buy it and bring it home legally without going though a FFL dealer?
 
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No. It only legal to buy a handgun in your state of residence. Buying a gun in another state and transporting it across state lines is a felony.
 
No. Take it to a local FFL and have him ship it to your favorite dealer back home, then do the transfer once you get back.

Long guns only across state lines.

That's assuming you have no weird state laws in play.

Oh, and to change the spelling in your title just click on "Advanced" while editing.
 
If you can find a FFL in your home state that will accept a shipment from a non-FFL you can cut out the FFL fee at one end. FFLs can legally receive guns from non-FFLs but many prefer not to. You also need top see if there are any state laws that are applicable.
 
Are we saying that there is a federal law prohiting the sale between *private* individuals that takes place *within* a single state?

If so, please cite it.
 
MEHavey said:
Are we saying that there is a federal law prohiting the sale between *private* individuals that takes place *within* a single state?

If so, please cite it.
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18 USC §922(a)
(a) It shall be unlawful—
(1) for any person—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
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Do NOT ship the gun to your home state dealer without getting a copy of his FFL and make sure if you have an FFL send it to have him enclose a copy of his FFL.

If you ship direct to your home state FFL, be sure to enclose your name and address, and mark it to hold for you.

Jim
 
NoAlibi said:
I am visiting a friend in a neighboring state and he offered me a very good deal on a semi-auto pistol. Can I buy it and bring it home legally without going though a FFL dealer?
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Nothing says the gun has to be shipped to the FFL, just that the transfer has to be done by an FFL in your state of residence. If you are close to the border, you and your friend can just drive across to your home state, go to an FFL, and do the transfer.
 
hirundo82 - Thank you for posting the statutes. It appears to me that in my instance both the the buyer and seller would become criminals. I understand that the Feds are trying to stop the importation of firearms for illicit purposes, but it's sad to think that two friends could find themselves in the pokey for doing a little horse trading...well, gun trading.

I'm at my friend's place in Marietta, GA and I live in Boca Raton, FL so driving back to my place or even just over the state line would be impractical. We decided that when he and his wife come for a visit with us he'll bring the gun with him and we'll do the transfer then. Thanks for that suggestion too.....Doc

TexasRifleman - Thanks for the advice on long guns and the instruction on "Advanced" editing.

Jim Keenan, deadin, GRIZ22, RNB65 and yeti - thanks for providing all the detailed information.
 
TexasRifleman said:
No. Take it to a local FFL and have him ship it to your favorite dealer back home, then do the transfer once you get back.
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I'd like to vote to stop perpetrating this myth.

You DO NOT have to ship from an FFL to an FFL. Yes, it can be cheaper. No, it is not legally required.

Depending on where the friend lives, he could very well drive across the state line and deliver it to the FFL himself.
 
Nothing says the gun has to be shipped to the FFL, just that the transfer has to be done by an FFL in your state of residence. If you are close to the border, you and your friend can just drive across to your home state, go to an FFL, and do the transfer.
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Make sure your friend is allowed by your state laws to possess the gun in your state. I do not think FOPA applies.

As far as I am aware you could not drive into New Jersey to do this.
 
Bushmaster - if his friend is coming down specifically to visit him, then FOPA does apply, as it's his final destination. Nothing in FOPA says that he has to return with the gun he entered the state with - just that it be legal in his final destination.
 
Kingpin008 said:
Bushmaster - if his friend is coming down specifically to visit him, then FOPA does apply, as it's his final destination
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That's exactly why jail awaits.

FOPA only protects you if the laws in your origin and destination state would not make you a criminal for possession of whatever firearm(s) you're carrying.
 
bushmaster1313 said:
Nothing says the gun has to be shipped to the FFL, just that the transfer has to be done by an FFL in your state of residence. If you are close to the border, you and your friend can just drive across to your home state, go to an FFL, and do the transfer.
Click to expand...

Make sure your friend is allowed by your state laws to possess the gun in your state. I do not think FOPA applies.

As far as I am aware you could not drive into New Jersey to do this.
Click to expand...

Good point about state laws. I saw that the OP lives in Florida so I was ignoring the possibility of stupid gun laws there and in the surrounding states, but that is a concern for other areas of the country.
 
That's exactly why jail awaits.

FOPA only protects you if the laws in your origin and destination state would not make you a criminal for possession of whatever firearm(s) you're carrying.
Click to expand...

Yes, I understand that. Since the OP never mentioned anything about the gun being illegal to possess in either state, I'm assuming that it's not - therefore, FOPA covers.
 
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