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Looking for clarification on transferring firearms across state lines

Posted on 8/9/14 at 4:13 pm
Posted by ClydeFrog
Kenya
Member since Jul 2012
3261 posts
Posted on 8/9/14 at 4:13 pm
I provided all relevant parts from the ATF website with the link included below.

quote:

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.


quote:

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.


quote:

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.


Here are some things I'm looking to clarify based on what I read:

1. The second quote seems to imply I can get a rifle (a modern sporting rifle is what I'm looking for) in person at a licensee's premises in any state. Does the "licensee's premises" part mean that I cannot get a rifle in person at a gun show outside my state of residency?

2. As for handguns, the first quote says a person can transfer a firearm to a licensee in any state. I assume a licensee is a dealer. How would I go about getting a handgun transferred across state lines from a family member to me? My brother and I live in different states but the planned transfer would happen in a third state. Does it have to be done in the presence of a licensed gun dealer? If so, does it matter which state this is done in?

ATF source
This post was edited on 8/9/14 at 4:17 pm
Posted by wickowick
Head of Island
Member since Dec 2006
45793 posts
Posted on 8/9/14 at 4:29 pm to
The biggest question, were are you starting and where are you stopping. For the most part you are ok besides Chicago and the north east...
Posted by ClydeFrog
Kenya
Member since Jul 2012
3261 posts
Posted on 8/9/14 at 4:34 pm to
I'm an Arkansas resident and any transfers would take place in Texas. I'll be in Texas for business all of November; so I'd like to pick up a modern sporting rifle while there, if possible. A gun show might be my best bet and I was wondering if I could buy one there or if my Dad (a Texas resident) could buy it for me and I could buy it off him.

I would also like to get a handgun transferred from my brother while I'm in Texas. He's a resident of Utah.

These three states are all gun friendly, so that helps my case.
Posted by wickowick
Head of Island
Member since Dec 2006
45793 posts
Posted on 8/9/14 at 4:38 pm to
When you said transfer, I thought you meant taking a trip. Handguns from out of state require the gun to be shipped to a FFL in your state to be legal.

Long guns depend on the state laws most allow transfer of guns to neighboring states of the buyer's home state.
Posted by bapple
Capital City
Member since Oct 2010
11875 posts
Posted on 8/9/14 at 5:05 pm to
God gun laws are retarded. These do absolutely 0 to deter crime in any way, shape, or form.

That is all.
Posted by mallardhank
Atlanta
Member since Feb 2006
1275 posts
Posted on 8/9/14 at 5:10 pm to
Depending on the state you are from you can buy any long gun and ammo in Texas.
I'm working in Illinois and have purchased an 870 and various ammo -all legal because I'm from Georgia and bought an out of state hunting license. Some states still require you to be a resident of an adjoining state which is no longer federal law. I believe you have to buy from a gun store and not an individual. All handguns have to go thru an ffl
Posted by ClydeFrog
Kenya
Member since Jul 2012
3261 posts
Posted on 8/9/14 at 5:22 pm to
quote:

Long guns depend on the state laws most allow transfer of guns to neighboring states of the buyer's home state.


Good, then I expect Texas to Arkansas will be fine. Fingers crossed I can get it myself at a Texas gun show.

Thanks all.
Posted by ZacAttack
The Land Mass
Member since Oct 2012
6416 posts
Posted on 8/9/14 at 5:36 pm to
You should be fine in texas if you are from Arkansas if the rifle you are buying in texas is legal to own in Arkansas. I bought a couple of rifles when I lived in Pennsylvania with my Mississippi id with no problems. It was just as easy as buying a gun in Mississippi. You can't buy handguns out of state, long guns you're going to be fine.
Posted by ChatRabbit77
Baton Rouge
Member since May 2013
5857 posts
Posted on 8/9/14 at 6:43 pm to
quote:

gun laws are retarted


Back when you could mail order machine guns to your front door, gun crime wasnt an issue.
Posted by Propagandalf
Baton Rouge
Member since May 2010
2528 posts
Posted on 8/10/14 at 1:58 am to
quote:

if my Dad (a Texas resident) could buy it for me and I could buy it off him.


This is a straw purchase and is illegal.

quote:

I'd like to pick up a modern sporting rifle while there, if possible


You should be able to if you can pass the 4473/NICS check.

quote:

I would also like to get a handgun transferred from my brother while I'm in Texas. He's a resident of Utah.


If the handgun is being transferred to you, your brother needs to send the handgun to an FFL in Arkansas who can then transfer it to you.

I personally wouldn't think about just taking possession of the gun from my bro. If you have to use it one day to defend yourself, the ATF can easily find out that you illegally acquired the handgun...which was then used in a shooting.
Posted by ClydeFrog
Kenya
Member since Jul 2012
3261 posts
Posted on 8/10/14 at 10:05 am to
quote:

This is a straw purchase and is illegal.


I think it's OK in that regard because I'm legally able to own a gun. I'm just trying to take advantage of a Houston gun show that is much better than anything in my area.

quote:

Q: Can I buy a gun for a friend/girlfriend/wife?

A: Not really. It is legal to buy a gun for another person as long as that person is legally allowed to own a firearm. However, it is a federal offense known as a "straw purchase" to buy a gun for another person who is not legally allowed to own a firearm.


LINK
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 8/10/14 at 3:07 pm to
quote:

Depending on the state you are from you can buy any long gun and ammo in Texas.
I'm working in Illinois and have purchased an 870 and various ammo -all legal because I'm from Georgia and bought an out of state hunting license.
huh? I don't understand. Can you connect the dots for me?

Where are you from, for one thing. Secondly, in what state did you buy the out of state lic and what does that have to do with transferring firearms?
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