Out of State Gun Shows

[Colt]

I tried searching the posts, but couldn't find an answer to the following question:

If you attend a gunshow in a state other than your own, which laws and regulations apply to your purchase?

I'm PA resident, and enjoy pretty friendly purchasing regulations. Would I still be able to buy handguns without a waiting period if attending a show in a state that has such regulations on its residents?

I am thinking of planning a trip to the AZ April show. I'm not sure how their laws work.

 

[phorvick]

In general, you can only legally purchase a handgun in the State you reside. If out of State (or buying via an auction site for example) the selling dealer/person (to be legal) must ship to an FFL in your home State, and you pick up the gun then from your local FFL (and likely pay a transfer fee).

Long guns are different and depend on the law of the State you are in when purchasing.

 

[Colt]

Thanks for the info. I appreciate it.

 

[rritter]

Another way of looking at the answer is that you'll have to comply with the rules of both states, as well as the Federal rules. Pretty much, the most restrictive combined set of rules will apply.

 

[Hypnogator]

In general, you can only legally purchase a handgun in the State you reside.

Perhaps this should be our next target: The provision in the '68 GCA that prohibits out-of-state sale of handguns. The entire rationale for the prohibition in the first place was to prevent felons and mental incompetents from purchasing firearms in a location where they weren't known to be such. Now, with the instant check background check, no one can (theoretically) purchase a firearm if they're a prohibited person. Why, then, should I be prevented from purchasing a handgun if I'm attending a gun show in some state other than my own? The instant background check will establish that I'm a legitimate buyer, regardless of where I buy.

Who's in tight with a good Congresscritter?

 

[Jim K]

The main reason for the regulation of interstate transfers was that some states (e.g., NY) have much stricter laws than others (e.g., GA). The law was intended to prevent NYC street gangs from buying guns by the ton in GA and taking them back to NYC.

Whether most of those state gun laws do any good is highly debatable, but I doubt very much that Congress is about to remove the restrictions on interstate sales.

Jim

 

[Langenator]

I thought that you could purchase any type of firearm, as long as you did it through an FFL, and as long as the purchase was allowed under the laws of your home state.

For example, assuming such a purchase is legal in my home state, I could purchase a pistol from an FFL at an out of state gunshow.

What I'm pretty sure you can't do at all is any sort of face to face transfer if you're not in your home state. The transaction must go through an FFL.

For those of us in the military, the rules are slightly different, as last I checked, if we have orders stationing us in a state, the ATF considers us to be a resident of that state, even though we may be legally a resident of a different state for purposes of taxes, voting, etc. Just be prepared to show a copy of your orders when making a purchase.

 

[LAR-15]

Perhaps this should be our next target: The provision in the '68 GCA that prohibits out-of-state sale of handguns. The entire rationale for the prohibition in the first place was to prevent felons and mental incompetents from purchasing firearms in a location where they weren't known to be such. Now, with the instant check background check, no one can (theoretically) purchase a firearm if they're a prohibited person. Why, then, should I be prevented from purchasing a handgun if I'm attending a gun show in some state other than my own? The instant background check will establish that I'm a legitimate buyer, regardless of where I buy.

Who's in tight with a good Congresscritter?

The bill is there already.

Commerce in Firearms Modernization Act of 2005.

Comply with laws of both states and buy a handgun out of state.

 

[22-rimfire]

You will have to have dealer sales go through an FFL at the AZ gunshow if you are a resident of PA. Rules slightly different for military stationed in that state who might be from PA and still claim residency there.

Easiest way to deal with the out of state situation in Arizona at a gun show is to take a copy or several signed copies of a PA FFL dealer with you so that you can complete the purchase. The handgun will still have to be shipped to the dealer in PA, but at least you can look at the firearm, negotiate, and complete the sale. The back ground check will be done in PA, not in AZ.

Individual sales to non-dealers are technically illegal with handguns when you are not a resident of that state. Technically, you still have to be qualified to complete the Federal form except for the age requirement 21 vs 18. Lots of folks ignore this rule, but if a BATF agent observed the transaction and questioned you about the state of residency, you'd be in trouble as would the person who sold the handgun to you.

The 68 gun control act effectively eliminated catalog sales of modern guns. Prior to the passage of that law, you could call up (say Herters in MN), whip out your credit card (or send a check/money order) and have the gun shipped directly to you. No FFL dealer involved during the tranfer.