Out of State purchase

[KUBA-Chokwe]

Yup, I did the search, didn't find my answer.

I live in Minnesota, and am going to travel to Florida for a few months. I plan to take several of our pistols with us to practice with and/or use at the range.
On our way to Florida I would like to visit a few of the gun shops that are on our way to the place we will be staying at Florida. I would like to look and purchase Smith and Wesson M & P 9C which would be memorabilia of the trip. We used to do that a lot with the Harley stuff I have always wanted. What I understand is that there is a law that requires me, if I purchase a pistol to have it shipped to a dealer in my home state. With that as the situation it will be rather hard for me to use it at the ranges that I will be visiting. Are there any other legal alternatives to having it shipped to a dealer in my permanent home area? Does anyone know what the rational of that law and alternatives to it?

 

[scooter123]

Unfortunately none that I am aware of. While I sort of understand the appeal of stopping at a shop such as Bud's to get a bargain on the trip it's just not possible under the current laws. If you want a bargain from some specific shop I would suggest that you order in advance of your trip or choose something like ammunition or a holster which you are allowed to transport anywhere.

 

[Arik]

Yes you essentially have to ship it back home, or become a Florida resident. I had a similar situation years ago. I'm from Pa and live on the border with NJ. One time while doing work errands I stopped at a NJ gun store and saw I rifle I wanted and at a good price. Unfortunately, even though my state was 12 miles away I would have to have it shipped to my FFL which killed the savings and the desire

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[Alpo]

>Does anyone know what the rational of that law and alternatives to it?<

I certainly do.

Congress, in 1968, was made up of fools, idiots and morons. They wrote an extremely bad law called the Gun Control Act of 1968, and that is part of it.

Amazingly, Congress has STILL been made up of fools, idiots and morons, for the last 45 years, which is why they have not REPEALED that extremely bad law.

 

[H Richard]

Just one of the reasons I enjoy older revolvers, and carry a C&R License. Just bought a pretty nice S&W .455 2nd mod converted to a semi target in 38 S&W Special. Really neat N Frame. I'm form IL and I bought it in CO. Without the C&R I would have had to call my FFL and have him fax a copy of his FFL to the dealer and then pay the shipping bsack to IL, then pay the IL FFL a transfer fee.

 

[sophie]

Yep, that gun law was passed in 1968. You can't buy a handgun out of state and take it with you period.

 

[LVSteve]

Yes you essentially have to ship it back home, or become a Florida resident. I had a similar situation years ago. I'm from Pa and live on the border with NJ. One time while doing work errands I stopped at a NJ gun store and saw I rifle I wanted and at a good price. Unfortunately, even though my state was 12 miles away I would have to have it shipped to my FFL which killed the savings and the desire

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That's a New Jersey thing. I can purchase a long gun in all my adjoining states apart from (I believe) California.

 

[Arik]

That's a New Jersey thing. I can purchase a long gun in all my adjoining states apart from (I believe) California.

I'd say it's more than just a NJ thing. Can't do it in Pa, which is very gun friendly and other states I know of

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[Rastoff]

That's a New Jersey thing. I can purchase a long gun in all my adjoining states apart from (I believe) California.

More inuendo from someone who knows little about CA.

It's legal to buy long guns outside of your state of residence. It is illegal to buy handguns outside of your state of residence. You can buy a handgun, but it has to be shipped to an FFL in your home state. In essence this makes it an in state purchase. It has nothing to do with CA.

Unfortunately, there are a lot of ignorant gun dealers as well. Many gun stores have a policy of selling only to residents of adjoining states. They do this to ensure they only sell guns that are legal in the recipients state. It is the buyer's responsibility to ensure what they are buying is legal in their state.

 

[LVSteve]

More inuendo from someone who knows little about CA.

It's legal to buy long guns outside of your state of residence. It is illegal to buy handguns outside of your state of residence. You can buy a handgun, but it has to be shipped to an FFL in your home state. In essence this makes it an in state purchase. It has nothing to do with CA.

Unfortunately, there are a lot of ignorant gun dealers as well. Many gun stores have a policy of selling only to residents of adjoining states. They do this to ensure they only sell guns that are legal in the recipients state. It is the buyer's responsibility to ensure what they are buying is legal in their state.

Really?! So if I take a run to Barstow you think a gun shop there will let me buy a rifle, walk out with it and drive back to NV without the CA wait etc.? While I know that is true under Federal law is it so under CA law?

 

[Arik]

That's a New Jersey thing. I can purchase a long gun in all my adjoining states apart from (I believe) California.

The more I think about it the more I think you are right, it is a NJ thing. I never paid much attention to it cause it doesn't effect me but when NJ'ians com to Pa to but rifles or shotguns they can take it to go

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[Rastoff]

Really?! So if I take a run to Barstow you think a gun shop there will let me buy a rifle, walk out with it and drive back to NV without the CA wait etc.? While I know that is true under Federal law is it so under CA law?

No, just because you buy it as a non resident doesn't mean you don't have to follow state laws. You could buy it and have it shipped back to NV the same day and dodge the waiting period that way.

But, like I said, ignorance abounds when it comes to interstate gun sales. FFLs tend to operate at the lowest level. I'll bet that an FFL in CA wouldn't sell a gun to anyone from out of state regardless of the federal law. Heck, even if you were willing to wait the 10 days I bet they wouldn't sell it to you.

I have a friend who was in a gun shop in NV. Once they learned he was from CA, they wouldn't even let him touch a gun. Ignorance is everywhere and FFLs are paranoid.

 

[KKECK5]

I suppose if you have a relative who lives in Florida they can buy the gun, then after a certain period of time....Like when your leaving, they can sell/transfer it to you.....Here, in Massachusetts, it must be on the approved list to bring it back. Actually if that person gifts it to you, it's not a straw purchase, and fine as long as your legally(licensed) ok to possess it.

 

[LVSteve]

No, just because you buy it as a non resident doesn't mean you don't have to follow state laws. You could buy it and have it shipped back to NV the same day and dodge the waiting period that way.
.......

I have a friend who was in a gun shop in NV. Once they learned he was from CA, they wouldn't even let him touch a gun. Ignorance is everywhere and FFLs are paranoid.

Would they ship it to my home or another FFL? Don't worry, I think we both know the answer. That totally negates the "you can buy a long gun in another state" provision. State and Federal law at odds again.

As for the NV stores, there is too much CYA about. I have seen similar events in The Gunstore regarding normal capacity magazines. The FFL said that although he could legally sell the CA resident all the mags he wanted he would be the guy getting the bad publicity when the guy was caught in CA with them where they are illegal.

 

[Doug M.]

If a relative buys it in Florida, there are constraints on the transfer to you. In some situations, they might not be considered the "actual purchaser" under Federal Law - one of the questions on the 4473. To lawfully transfer it to you after they buy it, the gun has to be shipped to an FFL in your state of residence, from which you pick it up. Your relative cannot (lawfully) physically transfer it to you buy just handing it over in FL.

I've done the state to state thing a couple times - it's a modest nuisance, but better than getting made a political example by the feds.

 

[Stu1205]

Be careful if you are traveling to Florida.

Florida does NOT reciprocate with Minnesota CCW.

Florida DOES reciprocate with 34 other states, but only if you are a resident of that state.

For example, if you hold a license from Utah, or another state

that does reciprocate with Florida, and are not a resident of that state,

that license will not be good in Florida.

Something to be aware of.

Hope you have a great time down here.

Stu

 

[peterthefish]

I suppose if you have a relative who lives in Florida they can buy the gun, then after a certain period of time....Like when your leaving, they can sell/transfer it to you.....Here, in Massachusetts, it must be on the approved list to bring it back. Actually if that person gifts it to you, it's not a straw purchase, and fine as long as your legally(licensed) ok to possess it.

If a relative bought it with the intent of giving it to you as a gift it would indeed be a straw purchase. There is a fairly well known case about a very similar fact pattern.

 

[BigBill]

I been saying this for eons why don't we have a nationwide ccw permit?
Then we could ccw and buy in any state. Right now each state has different gun laws like we're in another different country in each state. I think we need nation wide equal gun laws. I wish the federal government would step in and in force it with each state. Right now each state beats to a different drum. Are we in the same country or not?

 

[Stu1205]

I been saying this for eons why don't we have a nationwide ccw permit?
Then we could ccw and buy in any state. Right now each state has different gun laws like we're in another different country in each state. I think we need nation wide equal gun laws. I wish the federal government would step in and in force it with each state. Right now each state beats to a different drum. Are we in the same country or not?

They started working on that.
H.R. 822, the National Right to Carry Reciprocity Act,
passed the house 272 - 154, , but Harry Reid won't bring it up for a vote in the Senate.

Stu

 

[b_san]

Yup, I did the search, didn't find my answer.

I live in Minnesota, and am going to travel to Florida for a few months. I plan to take several of our pistols with us to practice with and/or use at the range.
On our way to Florida I would like to visit a few of the gun shops that are on our way to the place we will be staying at Florida. I would like to look and purchase Smith and Wesson M & P 9C which would be memorabilia of the trip. We used to do that a lot with the Harley stuff I have always wanted. What I understand is that there is a law that requires me, if I purchase a pistol to have it shipped to a dealer in my home state. With that as the situation it will be rather hard for me to use it at the ranges that I will be visiting. Are there any other legal alternatives to having it shipped to a dealer in my permanent home area? Does anyone know what the rational of that law and alternatives to it?

Officially (ATF rules) you are allowed to buy handguns in any state in which you maintain a residence and are present in at the time of purchase (such as an owned or permanently rented vacation home but not a hotel or temporary rental in FL as a MN resident). You would have to provide a secondary ID (such as a utility bill) along with your out of state DL for the state in which you don't have a resident ID though. In any other state along the way though you would have to arrange an interstate transfer on a handgun at a gun shop who would send it to a FFL in one of the states in which you reside, rifles and shotguns can be purchased in any state as long as that state doesn't prohibit out of state purchases. State residency requirements ave nothing to do with federal firearms residency requirements. See below.

Firearms - Frequently Asked Questions - Unlicensed Persons | ATF

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.


27 CFR 478.11