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Can I buy it and bring it home legally?

Discussion in 'Legal' started by NoAlibi, Feb 9, 2011.

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  1. NoAlibi

    NoAlibi Member

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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?
     
    Last edited: Feb 9, 2011
  2. RNB65

    RNB65 Member

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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.
     
  3. TexasRifleman

    TexasRifleman Moderator Emeritus

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    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.
     
  4. GRIZ22

    GRIZ22 Member

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    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.
     
  5. MEHavey

    MEHavey Member

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    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.
     
  6. hirundo82

    hirundo82 Member

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    18 USC §922(a)
     
  7. yeti

    yeti Member

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  8. MEHavey

    MEHavey Member

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    Rats.
     
  9. deadin

    deadin Member

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    And then only if you buy it from a licensee at his place of business and follow the laws of both States. (His and yours.)
     
  10. Jim K

    Jim K Member

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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
     
  11. hirundo82

    hirundo82 Member

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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.
     
  12. NoAlibi

    NoAlibi Member

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    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.
     
  13. nalioth

    nalioth Member

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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.
     
  14. bushmaster1313

    bushmaster1313 Member

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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.
     
  15. kingpin008

    kingpin008 Member

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    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.
     
  16. nalioth

    nalioth Member

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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.
     
  17. hirundo82

    hirundo82 Member

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    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.
     
  18. dogtown tom

    dogtown tom Member

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    Place of business or a gun show.
     
  19. kingpin008

    kingpin008 Member

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    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.
     
  20. henschman

    henschman Member

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    It would be extremely difficult to get caught for this crime.
     
  21. kingpin008

    kingpin008 Member

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    Regardless of the probability of being caught, we follow the law on THR.
     
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