Montana

[Hatufan]

Hey all I have browsed this site before and found great info, particularly on the smith and wesson m&p 340 that I hope to purchase soon.

That is what brings me to my question. I will be traveling through Montana and would like to purchase the previously mentioned firearm.

1) can I do so even though I am not a Montana resident?

2) any recommendations on where in Montana I should purchase the firearm?

Note: I will be traveling through Missoula, Bigfork, Kalispell, Whitefish, Butte, Dillon and all the towns between those,

Thanks for any help!

 

[colt1911fan]

Last I checked you couldn't purchase a firearm in a state unless you were a state resident. Maybe Im wrong.

PS welcome to the forum

 

[The Real Wyatt]

Typically you can purchase a long gun in a state that borders on your home state. Handguns are handled differently in MOST states and their purchase is generally restricted to the state in which you live.

Montana could be different, I dunno. Those folks are pretty strong and independent.

 

[Sam1911]

The answer is: No.

According to federal law, you may only purchase a HANDGUN in your own state of residence.

(Even if MT was so freedom-minded as to instruct their dealers to break federal law and sell handguns to non-residents, you'd break another federal law when you brought your new gun back home. Not only is it a felony to sell a handgun to a resident of another state, it is illegal to bring a handgun into your own state that has not been transferred to you via an FFL dealer.)

You may purchase a shotgun or rifle from a FFL dealer in any state -- so long as you follow the laws of both that state and your home state.

 

[Sam1911]

Typically you can purchase a long gun in a state that borders on your home state.

In 1986, the Firearm Owners' Protection Act ("FOPA") removed the contiguous states provision of the GCA'68. You may purchase a long-gun from a dealer in any state. However, some states still do have contiguous state provisions in their own laws. (LA is one.)

You have to follow all the laws of your state, and the state you want to purchase in.

 

[CoRoMo]

Yes, you can certainly "purchase" the Montana handgun. Most of the handguns that I have, I purchased from dealers in other states. But you won't be able to take possession of it from that dealer. He'd have to ship it to your state so that an FFL there could legally transfer it to you. The Montana dealer might or might not be willing to even go through the transaction though.

A bit of a headache IMHO, unless it is priced low enough that the shipping and transfer don't put it out of the market price in your state. That was the case in all the guns I've bought from out of state dealers; the price, shipping, and my transfer were still altogether cheaper than buying it locally.

 

[Sam1911]

Ach. Yes. "Purchase" and "Take Possession Of" are not exactly the same thing.

If the OP was asking about stopping by a shop and picking up a new gun, then NO.

If he was asking about taking advantage of a good deal he finds and buying a handgun for that dealer to ship back to a dealer in his home state where he can pick it up later -- then yes.

 

[CoRoMo]

 

[Sam1911]

Freshman mistake!

 

[Frank Ettin]

[1] 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.

[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may "buy" a handgun in a State other than your State of residence, BUT it must be shipped by the seller to an FFL in your State of residence to transfer the handgun to you.

[3] 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 is in compliance with the laws of the State in which it takes place; and (3) the transfer complied with the law of the transferee's State of residence.

[4] 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.

[5] 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.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).