Out of state residents purchasing in florida

[115grfmj]

Hello,
What is the law regarding nj residents buying long guns in Fl. I'm going in about a week, and would like to buy a rifle thats legal to own in nj ( I do have the NJ Fid card), but just want to buy it while I'm down there. Both Gander Mountain in St. Augustine, and Bass Pro shops in Orlando say they can't sell to NJ residents but the local gun shop where I'm goings says no problem he can sell to me. I know it's just easier to buy in my home state, but their something very sentimenal about this trip for me, and I'd like to get it in florida. I'm going to bury my Uncle, a great man, who passed the love of shooting and hunting on to me when I was young. I like to buy the rifle he and I'd often talked about, so I can think about him when I take my kids out hunting.

 

[Sebastian the Ibis]

It is legal:

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-acquire

However, IME the transaction is too complicated for the big box retailers so they will not let you do it.

 

[F-111 John]

It also depends on what New Jersey law has to say about it.

For examply, my state of Michigan only allows its residents to purchase and bring long arms from neighboring states into Michigan.

http://www.legislature.mi.gov/(S(44...ileg.aspx?page=GetObject&objectname=mcl-3-111
PURCHASE OF RIFLES AND SHOTGUNS
Act 207 of 1969

3.111 Rifles and shotguns; purchases by residents.

Sec. 1. Residents of this state may purchase rifles and shotguns in any state contiguous thereto if they
conform to the federal gun control act of 1968 and the regulations issued thereunder, as administered by the
secretary of the treasury and the laws of the state where the purchase is made.

History: 1969, Act 207, Imd. Eff. Aug. 6, 1969.

 

[Sam1911]

As long as the laws of BOTH states are followed, a citizen of one state can buy (and take possession of) a rifle or shotgun FROM A DEALER in any other state.

Now that's kind of the catch. Sometimes the laws in one state or the other make the sale impossible, or not worth the hassle.

In this case, the FFL dealer in Florida is going to need to pull out his big book of state firearms laws and make sure that he's following all of NJ's laws in making the sale to you.

From NRA-ILA's page on NJ law:

It is unlawful to ... purchase ... a rifle or shotgun ... unless the purchaser ... possesses a valid Firearms Purchasers Identification Card (FID), and first exhibits the FID to the seller ..., and the purchaser ... signs a written certification form that identifies the purchaser, his or her address and FID ..., and states he or she presently is not disqualified from purchase. ...

So, you will have to present your FID and sign a written certification form. The dealer will have to feel comfortable that the documents you're producing meet the NJ state requirements to make the sale legal.

That's up to the dealer to decide. Some will hear you say "I'm from NJ" and will just say, "sorry, can't help you." That's their right, to refuse the sale if they aren't comfortable with it.

 

[NavyLCDR]

It also depends on what New Jersey law has to say about it.

For examply, my state of Michigan only allows its residents to purchase and bring long arms from neighboring states into Michigan.

However, your Michigan state law prohibits NOTHING.

Prior to a 1986 amendment to the Gun Control Act of 1968 it used to be illegal to buy a rifle or shotgun out of state, unless such sale was specifically allowed by state law AND was limited to contiguous states. The 1986 amendment did away with both the contiguous state restriction and the requirement for there to be a specific state law allowing the purchase. Therefore, since 1986, the Michigan state law you posted is 100% completely meaningless.

See the August 2004 BATFE Newsletter to FFLs for further proof:
http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

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.

Michigan state law expressly prohibits nothing.

 

[F-111 John]

However, your Michigan state law prohibits NOTHING.

Got this NRA-ILA alert in my email yesterday:

Michigan Bill to Repeal Restrictions on Rifle and Shotgun Purchases

Recently, state Senator Tom Casperson (R-38) introduced Senate Bill 984, legislation that would allow Michigan residents to purchase long-guns, from any other state as long as they comply with current federal firearms laws. It would also allow non-residents to purchase rifles and shotguns in Michigan. At the moment, SB 984 has been referred to the state Senate Committee on Outdoor Recreation and Tourism.

<snip>

So apparently at least Senator Casperson thinks there is at least some ambiguity in our current state law to prohibit long gun purchases outside of contiguous states by Michigan residents.

 

[bikemutt]

Not sure if this would work but you could buy the gun in FL and ask the FFL if, in lieu of having to research and complete NJ paperwork, he'd consider shipping it to your FFL in NJ at no charge. Of course if your desire is to take possession in FL, this wouldn't be satisfactory.

Great way to honor your Uncle, sounds like he was a real special man.

 

[AirForceShooter]

Ship to a NJ FFL at no charge? So not happening.
Follow the procedures laid out here and take possession of the gun.

AFS

 

[NavyLCDR]

So apparently at least Senator Casperson thinks there is at least some ambiguity in our current state law to prohibit long gun purchases outside of contiguous states by Michigan residents.

And it's good that the Senator is taking steps to remove the ambiguity. But, that does not change the fact that the ATF says that the Michigan law prohibts nothing and never did prohibit anything. It was Federal law that was prohibitive up until 1986 when the prohibition was removed.

 

[Safetychain]

I don't claim to know much about FL gun sales laws but being that I have been down in the Keys on vacation for the last 5 months with a SC CCW which FL recognizes, I just went to the only shooting range in the Keys who also sells guns. The owner explicitly turned down another nonresident who wanted to buy a used .22 rifle. He said FL law says no to any sales of any guns to a nonresident. He was really nice to the fellow in every way and claimed he could probably triple his gun sales if he could. Personally, I think he is wrong but I kept out of it.

 

[imsobored]

Flsenate.gov chapter 790.065 pertains to Fl sales

Sent from my Samsung Galaxy using tapatalk