(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee 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 licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
265.40 Purchase of rifles and/or shotguns in contiguous states
Definitions. As used in this act:
1. "Contiguous state" shall mean any state having any portion of its border in common with a portion of the border of the state of New York;
2. All other terms herein shall be given the meaning prescribed in Public Law 90-618 known as the "Gun Control Act of l968"(18 U.S.C. 921). It shall be lawful for a person or persons residing in this state, to purchase or otherwise obtain a rifle and/or shotgun in a contiguous state, and to receive or transport such rifle and/ or shotgun into this state; provided, however, such person is otherwise eligible to possess a rifle and/or shotgun under the laws of this state.
Contiguous State
The “contiguous state” provisions of the Gun Control Act (GCA) generally permit unlicensed purchasers to acquire long guns from Federal firearms licensees (FFLs) located in a State contiguous to the State in which the purchaser resides if (1) the purchaser’s State of residence permitted such sale and (2) the sale fully complied with the legal conditions of sale in both such contiguous states.
This provision of the GCA was amended in 1986 to allow FFLs to sell or dispose of long guns to residents of any other state (not just contiguous states) provided:
the transferee meets in person with the FFL to 1. accomplish the transfer; and the sale, delivery and receipt fully comply with the legal 2. conditions of sale in the buyer’s and seller’s States.
A number of States patterned their laws after the original provision of the GCA that allows nonresidents to purchase long guns from FFLs only in contiguous states. Many of those States have not revised their laws to reflect the 1986 amendments to the GCA that allow over-the-counter sales of long guns to residents of any State, as outlined above. This has caused confusion among FFLs, who often read such “contiguous state” State laws as prohibiting sales to residents of noncontiguous states.
ATF does not read State laws that refer to “contiguous states” as prohibiting sales of long guns to residents of noncontiguous states unless the language contained in that State’s law expressly prohibits residents from acquiring firearms outside that State. Thus, if the language in the State laws authorizes sales of long guns to residents of contiguous states, that State law also authorizes the sale of long guns to residents of all other states.
How do you become a license gun collector?
rajb123 said:If I understand this, I am prohibited by federal law from buying a long gun in Florida if I live in NY since it is not a contiguous state.
AUGH!!!If I understand this, I am prohibited by federal law from buying a long gun in Florida if I live in NY since it is not a contiguous state.
Do the FFLs in PA understand this or is it likely to be a hastle?
CWL said:I really reads like you are trying to buy and import guns without any sort of paper trail into NY.