Can you purchase a gun in vermont with an out of state licence

[molokai]

Is it legal to go to vermont and buy a gun ?with a licence from out of state

 

[Sebastian the Ibis]

Call the FFL in Vermont you wish to purchase from, explain the specifics and see what he has to say. I'm sure he knows all the laws that would apply.

 

[Sam1911]

According to federal law, it is legal for any non-prohibited person to purchase a shotgun or rifle from a dealer in any state -- as long as all the laws of the dealer's state and the purchaser's state are followed.

This means that, if you are from someplace fairly restrictive (like NJ, MA, CA, MD, NY, IL, etc.) and want to purchase a rifle in VT, the VT dealer will have to look up and abide by all the laws that would apply if you were buying that gun in your home state -- including any waiting periods, FOID cards, permits, background checks AND not selling you a gun that is not legal for you to own there.

All FFL dealers are given a huge book of all the state gun control laws and CAN look up what they have to do to sell to a person from any other state. They do not HAVE to sell to you if they don't feel like dealing with those hassles, or the risks of screwing up your state's law they might misunderstand.

All handguns must be transferred IN YOUR HOME STATE, period. You can travel to VT and buy a handgun, but it will have to be shipped to a dealer in your state and you will have to do the from 4473 and NICS check at that dealer's shop.

 

[Frank Ettin]

Short answer:

Any transfer of a gun in one state to a resident of another state must, under federal law, go through an FFL. In the case of a handgun, it must be an FFL in the transferee's state of residence. In the case of a long gun, it may be any FFL as long as: (1) the long gun is legal in the transferee's state of residence; and (2) the transfer complies with the laws of both the transferee's state of residence and the state in which the transfer takes place. (Some FFLs will not, for business reasons, transfer a long gun to a resident of another state.)

I've purchased several guns in my various travels outside California. I've always made arrangements with the seller for him to have the gun shipped to a California FFL for transfer. There are several local FFLs I do considerable business with and who are happy to accommodate me when I need this service.

The legal details:

ATF FAQs --

Q: To whom may an unlicensed person transfer firearms under the GCA?

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]

Q: From whom may an unlicensed person acquire a firearm under the GCA?
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]

Supporting statutes --

18 U.S.C. 922. Unlawful acts

(a) It shall be unlawful—
...

(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;

 

[belercous]

Quote: "All handguns must be transferred IN YOUR HOME STATE, period."

Not completley true. Should be an asterisk, not a period. C&R guns must be legal in one's home state (e.g., 10 rd mag, not full auto, etc.)

C&R guns may be purchased in another state (with a valid C&R) without all the usual paperwork. This includes handguns. No waiting period for a C&R gun either. C&R handguns do not have to be transfered to an FFL in your home state. I've bought over 40such handguns over the past 4 yrs. and have never had to do any paperwork beyond sending a copy of my C&R and foid card. (I live in Ill.)
(And why a CZ-82 is considered a C&R gun is beyond me. I was told that the design was over 50 yrs. old it qualified. That sounds sketchy. I was also told that since the barrel has polygonal rifling that makes it a curio. That sounds sketchy too.)

 

[crossrhodes]

Vermont

Questions....Do you own property i.e a dwelling in Vermont and spend part of the year here.....Do you plan on leaving your Vermont purchased firearm in Vermont.

 

[LemmyCaution]

Assuming you are asking this question regarding Vermont state law, the answer is yes, you can purchase a long gun (or a handgun that meets the C&R requirements if you have a C&R license) with an out of state license in VT, so long as the gun would be legal for you to possess in your home state, as cited in federal law above. Vermont does not have any laws restricting the ownership of firearms, in accordance with our state constitution.

Assuming you are attending college in VT and would like to use VT as your state of residence while you are here, but you don't want to get a VT ID card or drivers license- federal law allows for this. It would be a good idea to back up your assertion that you're a resident by bringing some utility bills, your student ID, anything you have to help make your case to the FFL. The FFL has discretion to not sell to you, if he or she does not believe your story. Please also note that when school is out and you return to your home state, you will be considered a resident of that home state, so it would be a good idea for whatever you purchase to be legal for you to possess in your home state, or for you to have a safe place to leave your purchase in VT until you return.

 

[Sam1911]

Not completley true. Should be an asterisk, not a period. C&R guns ...

Ha ha! O.k. You got me. In my defense, I figured if he had an 003 FFL he'd have known the law! LOL!

 

[wishin]

............ I figured if he had an 003 FFL he'd have known the law! LOL!

Good comeback Sam!