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Crossing state lines.

Discussion in 'Legal' started by bkjeffrey, Oct 20, 2009.

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  1. bkjeffrey

    bkjeffrey Member

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    If I am living near the border of two states, and lets say I travel to the other state to go to a gun show and I buy a gun, can I bring it back home with me in my home state?

    Or, can I take a gun to the said gun show?
     
  2. NavyLCDR

    NavyLCDR member

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    1. It likely would not be a legal action. You may buy a rifle/shotgun out of state from an FFL only and the purchase must occur at their business location.

    2. Out of state handgun purchases from anyone and out of state rifle/shotgun purchases from private parties are a violation of Federal law.

    3. If you wish to make a purchase as in 2. above, you can buy the gun at the gunshow and then have the seller ship the gun to an FFL in your home state for transfer.

    4. You can take your gun to the gun show and sell it to a licensed dealer or if you sell it to a private party, a licensed dealer at the gun show would be required to transfer it to the buyer.

    These requirements are in 18 USC 922 (a)(3), (a)(5) and (b)(3).
    http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
     
  3. kingpin008

    kingpin008 Member

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    NavyLT pretty much covered it, but next time you might want to do a search first. This issue has been discussed many times in the past.
     
  4. bkjeffrey

    bkjeffrey Member

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    Check, thanks guys.
     
  5. gunlaw

    gunlaw Member

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    Not sure about Ms or the nieghboring states, however many states have the peaceable travelers exception. If this is something that you do frequently consult an attorney.
     
  6. NavyLCDR

    NavyLCDR member

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    What? :confused:

    I am pretty sure an attorney would tell him, it's against Federal law. Don't do it.
     
  7. gunlaw

    gunlaw Member

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    the peaceable travlers exception allows a person,in a state that has such a statute.to possess a weapon.while on a continous journey through out that state.
    not all states have this law but many do.
    i have used this exception to succesfully defend several cliens in missouri and illinois.
    please contact a local attorney regarding this if the transport of firearms if this is a concern to you.
     
  8. Frank Ettin

    Frank Ettin Moderator

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    But gunlaw, the question isn't about traveling across state lines with a gun. It's about the transfer of a gun in one state to a resident of another - a completely different issue.
     
  9. kingpin008

    kingpin008 Member

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    And if one's destination is within a particular state, they're hardly on a "continuous journey" through that state, are they?
     
  10. NavyLCDR

    NavyLCDR member

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    Come on, guys, give Gunlaw a break, he is apparantly a lawyer, after all! :scrutiny:
     
  11. EOD Guy

    EOD Guy Member

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    If a dealer's licensed premesis is in the same State as the gun show, the gun show is considered an extension of his business location.
     
    Last edited: Oct 21, 2009
  12. NavyLCDR

    NavyLCDR member

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    Thanks EOD Guy!

    I meant the private party transaction would not be legal. I appreciate the clarification on the gun show rule, that makes it clear and I didn't know that.
     
  13. bkjeffrey

    bkjeffrey Member

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    Ok guys, got the answers I needed, thanks.
     
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