stupid newbie purchase question

[vanbeast]

Yeah, still a stupid newbie. Apologies in advance to anyone who rolls their eyes at the simplicity of this question

I'm curious about person-to-person sales. I know that if I found someone in my state who wanted to sell me a gun, I could just give them the cash and they could give me the gun and we would be in firmly legal territory. (right?)

So, what about if I go to another state and buy a gun?

I live in Oregon, and could easily drive up to Washington. If I were to purchase a gun from a private party in Washington and bring it back down to Oregon, am I in the clear?

I ask because I see a lot of people selling in Seattle, where I visit on a regular basis, so if I found a deal, it would be super easy to go pick it up.

Thanks,
vb

 

[Darrin]

Try here first Look up your state and any state you plan to visit. Laws vary from state to state.

I'd also recommend visiting each states official website. For example, Tennessee's website is www.state.tn.us. Just replace the "tn" with whatever state you want to investigate.

note: Some states do not have weapons laws available on the website. In that case, I hope packing.org answers your questions.

Good luck!


edit: Don't apologize for anything. Welcome!

 

[vanbeast]

What I learned from packing.org...

Not a lot, actually... I'm not concerned about concealed carry, I'm wondering if person-to-person firearm transfers across state lines are legal. I know that if I were to have someone in washington ship me a gun, it would have to go via FFL.... but in Oregon I could just drive over and pick it up. Is it the same story if I'm willing to travel anywhere?

Thanks again,
vb

 

[spacemanspiff]

IIRC, many states prohibit private sales to residents of a different state, and they would have to be transferred to a ffl.
some have asked before if a private seller would mind the buyer driving down from a different state to make the purchase, and been turned down.
it should be legal to complete such transactions, but the gubmint likes to have some form of control of such things.

but say you have a friend in washington who moves to oregon and you buy guns from him. nothing wrong or illegal since your buddy is now a resident of your state.

on the flip side, suppose the gun you buy is stolen or has been used in a crime? its in your vehicle when you are stopped for a traffic infraction. LEO runs the s/n and you are found to be in possession of stolen property or whatnot. do you have a bill of sale showing you bought the firearm from someone else? any forms that show the firearm was transferred to your ownership?

 

[M2 Carbine]

Vanbeast, Welcome.
There are no stupid questions.
Sometimes stupid answers.

This might be your answer.
This isn't the law word for word so there may be more to it.
I think the "any other person" is the key.

Intrastate Restriction

The GCA also ensures that guns are legally transferred only between residents of the same state, with a few exceptions.b Keeping gun sales intrastate allows states to more closely regulate and monitor transactions and reduce interstate gun trafficking.

The result is a virtual ban on the interstate sale of handguns to private individuals. This prohibition on interstate handgun sales is the bedrock of firearms regulation in the United States, and the gun lobby has worked tirelessly to undermine it. Under current law, it is a felony for a federally licensed firearms dealer or for any other person to directly transfer a handgun to any person who resides in a different state than the transferor.c It is also a felony for an out-of-state private citizen to directly purchase a handgun in a state other than his state of residence and then bring it into his state of residence.d

 

[vanbeast]

Okay, then If I find one, FFL it is

Thanks a bunch, guys.

 

[Standing Wolf]

The only stupid question is the one you don't ask.

 

[blue86buick]

waaiit....so if i'm traveling (vacation, business, etc) and find a gun for a hell of a deal, i can't buy it and bring it home with me or mail it to myself? i'd have to have the dealer send it to an FFL in my state, (both ends charging me a fee) then buy it from my local FFL? gawd that sucks

 

[Preacherman]

Some state laws forbid it, or impose additional restrictions (e.g. the Illinois FOID), but in many states, only Federal law applies. You can purchase a long gun and transport it back to your home state, AFAIK, but not a handgun.

 

[blades67]

If you were to become a legal resident of Washington you could buy guns in Seattle all day long.

 

[Sunray]

Your NRA has a link on their site to State gun laws.

 

[Zundfolge]

If you were to become a legal resident of Washington you could buy guns in Seattle all day long.

Is it possible to establish legal residency in more then one state at one time?

I've known people who established residency in another state in order to avoid out of state tuition at a university, yet the still retained residency of their home state (not sure this was legal though)

 

[Ian]

You can legally have dual residency - I do for school, for example (although University in-state tuition residency rules are much stricter than legal residency rules). El Tejon can probably give a specific legal definition, but your state(s) of residency is basically any state you live in on a permanent or semi-permanent basis. I have one state for being home over the summer and one for being at school.

 

[roscoe]

It is my understanding that a out of state private party transfer need only go through a FFL on the receiving end. That should save you some money, since you only have to pay one FFL.