Out of State Purchase

[KX592]

Have a friend who was looking to pick something up with no papers, long arm obviously. Lives in NJ and goes to shows in PA for his hunt all the time and finally came across something for the price. Now he bought a rifle legal in the state he resides, proved his residence with drivers license, and bought the rifle cash with no papers from a private seller. The seller only took down his drivers license for some reason. This is illegal since its an out of state purchase correct? What if the seller was a NJ resident as well just selling at a show out of state? Would it make a difference?

Now if it is illegal due to out of state private sale, how would a LEO ever know it was illegally obtained during a traffic stop for what ever reason. Couldn't he simply say it was bought in the state and no registered "voluntary reg. in NJ"?

 

[tyeo098]

Ive been corrected, see below.

 

[kingpin008]

You can buy long arms out of state if the state permits it.

Not face-to-face you can't. Face-to-face sales of firearms, long guns and handguns, must take place between residents of the same state only. Otherwise they must go through an FFL.

 

[NavyLCDR]

You can buy long arms out of state if the state permits it.

Really? Even if the seller was a New Jersey resident, selling a rifle at a gun show in PA, the transaction would be illegal if the rifle was not transferred via an FFL. If the NJ resident sold the rifle at a PA gun show to a person other than a NJ resident the seller would violate 18 USC 922 (a)(5).

If the NJ resident sold a rifle to another NJ resident at a PA gunshow, the buyer would still violate 18 USC 922 (a)(3) when they brought that gun home, without transfer through an FFL.

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html

(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;

The (b)(3) exception spoke of IS transferring the long gun through an FFL.

Can you please provide us with a citation supporting your statement, tyeo098?

 

[tyeo098]

I do stand corrected!
I thought that only applied to handguns, my bad.

 

[CoRoMo]

Now if it is illegal due to out of state private sale, how would a LEO ever know it was illegally obtained during a traffic stop...

There'd be almost no way to know, but that's not what's important. LEO won't know how much you might have cheated on your taxes either, but that doesn't make the crime any less criminal and it doesn't mean there's no way to get caught. Don't get me wrong, the law(s) restricting/prohibiting this are flat out unconstitutional and plain stupid, but they ARE on the books right now. As long as Bloomberg is going to perform stings wherever and however he pleases, there's always that chance that one party in a firearms transaction might be the last person you'd want to be dealing with.

What's it, that Sam1911 usually says... 'It's not the odds, it's the stakes'?

 

[Shadow 7D]

Remember....
the part that Navy LT didn't include that goes like this
'SHALL NOT EXCEED 10 YEARS IMPRISONMENT AND/OR $250,000 IN FINES'