Interstate v. Intrastate

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atblis

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If two residents of the same state travel to a another state and transfer a firearm between them, is that considered an interstate transfer and thus necessitates an FFL, or is it an intrastate transfer?
 
The hang-up is this: Title 18 › Part I › Chapter 44 › § 922 › (a)(3)

(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 ... any firearm purchased or otherwise obtained by such person outside that State,
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It would be lawful to make the sale. However, the buyer would commit a crime when s/he brought the gun back into the home state.
 
So does this mean that since I purchased firearms in GA while I was stationed down here, I have to transfer them via FFL when I go back to Missouri?
 
No... sorry, I short-quoted.

(a)(3) goes on to say:

...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,...
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Section (b)(3) says:

(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;
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So...you can buy a long gun FROM A DEALER in another state and take it home with you.

The OP's question was about person-to-person sales between residents of one state who were temporarily in another state, which is quite different.
 
No, need to apologize, I appreciate any info. I read the stuff you quoted, but as I hard a hard time reading/understanding regs/legal documentation, I do have another question. So my long guns are fine, but when I take my pistols home, I am in violation of the law?
 
No.

All out-of-state dealer purchases must be of long-guns only. Handguns must be purchased in your home state.

HOWEVER, your situation is a little different. Any military person on orders to another state is treated as a resident of that state, so you taking your guns back to your real home is the same as though you were moving to that state. No concerns at all.
 
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