Illinois res. & airazona gun laws

[gmaster805]

Thinking of visiting Az in a couple of months and was wondering about buying weapon's or reloading components' while there.

thanks for any help.

 

[vamo]

Well you can't buy a handgun due to federal law (unless you have it shipped to an FFL in IL). Rifles that are legal where you live should be fine through AZ FFL's; I can't imagine anything in Arizona law would prohibit it.

 

[Frank Ettin]

...Rifles that are legal where you live should be fine through AZ FFL's;...

Except for that to be legal under federal law the transfer must also comply with Illinois law. In the case of many States it wouldn't be a problem, but I don't know about Illinois.

...I can't imagine anything in Arizona law would prohibit it.

But it would still be a potential issue under federal law.

Here (for the umpteenth time) is the whole federal law story on interstate firearms transfer (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

• Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
  
  
• In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
  
  
• In the case of long guns, 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 the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
  
  
• There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
  
  
• The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
  
  
• Here's what the statutes say:

  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;​

  
  ....
  
  (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;​

  
  ...

As for other types of weapons, in past visits to Arizona I seem to recall having seen various types of impact weapons, like collapsible batons, and edged weapons, like automatic knives, displayed for sale. While a visitor could probably buy such, possession in one's home State might be an issue. And I'm not sure about the laws with regard to interstate transportation of such thins, especially automatic knives.

I doubt, however, that reloading components would be an issue, unless there might be issues regarding possession back home.

 

[gmaster805]

Thank you for the quick replies. I have no problem with a ffl transfer that is what I had figured would likely be the situation. as for the components wouldn't get anything that would be illegal here.
thanks again

 

[Old Fuff]

Buying reloading equipment and supplies is unlikely to cause any problem.

However I don't know of any FFL retailer that will sell or otherwise transfer firearms to an out-of-state visitor unless the firearm is shipped to an FFL in the state where the visitor is a resident.

They might (just might) make an exception if the firearm was a long gun and the state was one that had a common border with Arizona, and both had a continuous agreement between them.

Arizona offers a number of highly exceptional benefits to non-residents who bring their own legally owned firearms when they come to visit. However they're limits.

 

[vamo]

However I don't know of any FFL retailer that will sell or otherwise transfer firearms to an out-of-state visitor unless the firearm is shipped to an FFL in the state where the visitor is a resident.

I have had zero problems buying long guns at out of state FFLs, some that required me to travel through mutiple states to get to. Now as Frank has pointed out the out of state FFL is required to follow the laws of the buyers state so being from a state that is not gun friendly does make it more difficult.

Bottom line: most FFL's have no problem selling long guns to out of state buyers so long as everything is legal.

 

[ilbob]

(430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky.

 

[vamo]

So there ya go sounds like IL law only allows for buying long guns in border states and federal law prohibits you from buying hand guns in state that is not your own.

 

[wildbilll]

(430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky.

Is this clause a limitation or restriction? It doesn't say they may ONLY purchase from a surrounding state. It says they may. "May" is a permissive term. It is certainly different than "may not" or "shall not".

 

[NavyLCDR]

(430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky.

So there ya go sounds like IL law only allows for buying long guns in border states and federal law prohibits you from buying hand guns in state that is not your own.

That Illinois statute does not prohibit anything. You have to understand the history behind such laws:

http://www.atf.gov/files/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

Historically, prior to the 1986 amendments to the
GCA, many States enacted provisions in their laws
that allowed their residents to acquire a long gun in
a contiguous State. For the most part, these State
law provisions were modeled after the contiguous
state provisions of the GCA. However, even
though the GCA was amended in 1986 to allow
the sale of long guns to residents of any State
pursuant to the conditions cited above, many States
have not yet amended their laws to reflect similar
language. ATF takes the position that if the laws
of a given State allow its residents to acquire a long
gun in a contiguous State, those laws also allow its
residents to acquire a long gun in any other State
where the laws of that State permit such
transactions, unless the language contained in that
State’s law expressly prohibits it residents from
acquiring a firearm outside that State.

 

[Neo-Luddite]

The Illinois law cited does not prohibit an IL resident from purchasing a long gun in other states. To be fully compliant, the FFL would need to retain the FOID info from the buyer for 10 years and require a 24 hr waiting period to comply with IL law.