Non-resident out of state gun purchase in person?

[Exiled Cheesehead]

handgun transfer to family member; 2 different states involved

This has been a very interesting discussion so far. How about this scenario: I live in TN and am thinking about giving my brother in WI a handgun as a gift. What do I need to do?

 

[Trooperdan]

Cheesehead, that is a clear situation; you need to go through a dealer in your brother's state of residence.

 

[doublesharp]

Just when things were clear I'm going to muddy em up. I've kept a curio&relics license for a few years now and that permits me to buy and take immediate possession of 50 year old or older handguns while out of state. I use it mainly at gunshows and have never been refused the few times I've needed to use it.

 

[2152hq]

Having an 03 or 01 FFL gives you different set of rules from a non licensee (non-FFL holder) when taking possession of a firearm in an out of state situation.
There's still restrictions among C&R and modern class firearms, and state laws still have to be complied with,,but the fact that you have the FFL does make acquisition much easier in most cases.

 

[2152hq]

This has been a very interesting discussion so far. How about this scenario: I live in TN and am thinking about giving my brother in WI a handgun as a gift. What do I need to do?

Transfer the handgun to your brother thru an FFL in WI. The FFL in WI will do the over the counter 'sale', 4473 and NICS check (or state mandated equivalent).

The only way I'm aware of that it could legally go to him (being out of state) w/o going through an FFL is by bequeath. ,,and even then only if the state laws of each allow it.

 

[quneur]

Okay, now I'm confused. I read the OP's question as if he went to another state to purchase and USE the firearm in visiting state (assuming concealed carry reciprocity). I will also assume he has a FFL dealer he uses in his home state.

The question in this scenario would be, 'couldn't the buyer(OP) tell the FFL (visiting state) to transfer the firearm ownership to the FLL (resident state)?' I realize the OP would have to follow all laws (waiting period, taxes, etc.) for his resident state but the entire transaction would be like shipping it to his home FFL then shipping it back to sending FFL without any actual shipping being done.

 

[Rule3]

TrooperDan, and others, most questions are answered here For Dual residents it is #12

A non licensee means a non FFL (nothing to do with a Concealed permit)

This is Federal Law, if States have their own bizarre laws then you need to check the State Statutes, I can only speak for Florida.

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

 

[quneur]

"A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]"

This answered my question, thanks Rule.