Non-resident out of state gun purchase in person?

oldbill · Mar 11, 2013

I am familiar with the FFL to FFL transfer.

My question, and I will do it in first person for ease and clarity, is what happens when I go in to purchase a gun in another state. I am a resident in PA. I have a PA CCL.

What happens if I go into states like KS, NC or Texas and attempt to buy a firearm? (I will be spending time in these states during the next six months.)

Can they use my PA CCL to allow me to take it out the same day? Do they check a national data base, their data base, or the PA data base? Or, do they require me to wait three days while the system does its thing? Or, do they do something else?

I am aware of the TSA and airline regulations. In addition to the above, is there anything else I should know?

Thanks in advance!

pace40 · Mar 11, 2013

Handgun or long gun?

Zjnovak · Mar 11, 2013

Not sure about those states. I am in WI. I go to Bass Pro Shop in IL quite a bit. I was told by a local cop that I am able to buy from an IL FFL legally, and the WI rules will apply. Waiting periods ans regulations carry over from the state of residency usually. However, if I were in IL for more than two months, their rules would then take effect and I would have to play by their rules.

blujax01 · Mar 11, 2013

I believe they will ship it to your FFL of choice in Pennsylvania and you will complete the transfer after you return home.

Pop's2 · Mar 11, 2013

You can buy a handgun but you can't take posesion it must be shipped to a FFL in your home state, a Federal law, a long gun ( rifle or shotgun may be bought at a store or face-to-face with out a problem.

oldbill · Mar 11, 2013

Handgun

Handgun or long gun?
__________________
Pace

I am interested in the handgun scenario.

pace40 · Mar 11, 2013

oldbill said:
I am interested in the handgun scenario.

Handguns must ship to an FFL dealer in the state of residence and then transferred over the counter to the buyer. Only exception would be an antique firearm.

Doug M. · Mar 11, 2013

Pop's2 is right about the handgun - you can buy (pay for) it, but the physical transfer (and 4473, etc) has to be done at an FFL in your state of residence. Don't even try it. As for long guns, it USED to be that the out of state purchases could only be done in a state contiguous to your state of residence, but that may have changed.

oldbill · Mar 11, 2013

You can buy a handgun but you can't take posesion it must be shipped to a FFL in your home state, a Federal law, a long gun ( rifle or shotgun may be bought at a store or face-to-face with out a problem.

Okay, then I better cover that aspect with my LGS, and/or another FFL. (My LGS is great on purchases, but seems pricey for transfers.)

JcMack · Mar 11, 2013

Doug M. said:
Pop's2 is right about the handgun - you can buy (pay for) it, but the physical transfer (and 4473, etc) has to be done at an FFL in your state of residence. Don't even try it. As for long guns, it USED to be that the out of state purchases could only be done in a state contiguous to your state of residence, but that may have changed.

I'll add on long guns, if there's a wait period in your home state then it must be observed in the state you purchase it. Contiguous state still applies. Gun stores want you to buy from them, and discourage out of state purchases with high xfer fees.

oldbill · Mar 11, 2013

Thanks everyone for your info! Now I know what to expect.
Bill

2152hq · Mar 11, 2013

The 'contiguous states' rule (bordering states) was set aside in '86.
A non FFL can buy a long gun in a FTF transaction from an FFL in any state and take the gun with them,,,IF,,there are no laws in either state that would be violated by doing so.
..and the FFL is doing business in his home (licenses premises) state or a gunshow within that state.

The waiting period is one of those laws that can get in the way of that type of 'take it with you' transaction.
A few states still have state law in effect that only allows their residents to purchase longs guns in contiguous states.
Surprise!,,NYS is one.

A handgun must be shipped to an FFL in the purchasers home state for over the counter transfer 4473/NICS,ect.

iouri · Mar 11, 2013

I've witnessed to similar situation: a lady with Florida DL was asking LGS in VA how to purchase a handgun, he said something like you pay it here and we ship it to an FFL in Florida where you fill the forms and pick it up.

JcMack · Mar 11, 2013

2152hq said:
A few states still have state law in effect that only allows their residents to purchase longs guns in contiguous states.
Surprise!,,NYS is one.

This must be where I get my misinformation from. A GS owner friend of mine got an "owey" during an ATF visit for a Indiana to Pennsylvania or New York long gun sale about 8 years ago.

Rule3 · Mar 11, 2013

iouri said:
I've witnessed to similar situation: a lady with Florida DL was asking LGS in VA how to purchase a handgun, he said something like you pay it here and we ship it to an FFL in Florida where you fill the forms and pick it up.

That is correct, then she pays whatever the FFL in Florida charges her for the transfer.

Just to confuse the issue, a person who has dual residence can buy a gun in either State. It has to be a home not an empty lot or piece of land. I own a home in Florida, If I also own a summer home in GA or NC then I can buy a handgun up there also. It does not matter if I have a FL drivers license as long as I can prove residence like property tax, utility bills etc.in the other State.

jaykellogg · Mar 11, 2013

I have a friend who has a home here in NC, but has a home in FL also. His license tag and driver's license are issued in FL. On my advice he went to the NCDMV and got a state residence card. He had to prove he had a residence in NC. He has legally purchased a handgun here.

OP, if you are going to be spending a considerable amount of time in another state, this route may be open to you.

oldbill · Mar 11, 2013

Being a "newbie" on this forum, I am pleasantly surprised at the good, useful, and prompt replies!

Thanks again!

Trooperdan · Mar 11, 2013

I find this very interesting! And I fall into this catagory; I own homes in both FL and NC, am registered to vote in FL, have vehicles registered there and claim that as my legal residence. But I also spend nearly half of the year in NC and it would be very good to be able to purchase both handguns and long gun in either state. Does anyone know of a reference in ATF regs that I can refer the dealers to in order to state my case? Of course, the safest route for the dealer to take (in NC) would be to tell me to take a hike, not worth any question of a problem to them!

jaykellogg · Mar 11, 2013

Trooperdan, see my response in post #16. Just show a utility bill in NC and you can get a NC state ID card at the NCDMV. You still hve to go to the sheriff to get a purchase permit ($5 for each handgun purchased).

2152hq · Mar 11, 2013

State of residence is where you actually have a residence and are residing at that location @ the present time.
They call it 'present with the intention to make a home'.
How gray is that.
Anyway,,if you live at seasonal location in one state,,that can be your state of residence for that time you are living there.

Here's a couple of BATFE links that address it,,sort of.
The question & answer of a college students legal residence while away at school is very similar to a seasonal or second home in another state.

http://www.atf.gov/press/releases/2011/12/122211-atf-open-letter-state-of-residence.pdf

http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-80-21.pdf

Non-resident out of state gun purchase in person?

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