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Purchasing a gun out of state
Posted on 9/10/20 at 5:21 pm
Posted on 9/10/20 at 5:21 pm
I am a resident of a liberal state with Incredibly strict gun laws. Is it possible to purchase a gun out of state and somehow get around my state’s ridiculous restrictions? Or will whoever would sell me a gun in another state have to follow my state’s laws?
Also, is it possible for a private citizen (for example- friends and family in Texas and Louisiana) to legally sell me one of their guns?
Any tips or advice would be greatly appreciated. Thanks.
Also, is it possible for a private citizen (for example- friends and family in Texas and Louisiana) to legally sell me one of their guns?
Any tips or advice would be greatly appreciated. Thanks.
6
Posted on 9/10/20 at 5:28 pm to DosManos
Looking for an uzi?
Posted on 9/10/20 at 5:41 pm to DosManos
If you come to Louisiana you could legally buy a gun from an individual without having to do anything. I don’t know about everyone, but when I sell to an individual, I like a bill of sale for my records Incase the law comes knocking about said gun. Now when you get it back to your state and they require your guns to be registered or some liberal crap, I would assume by not doing that, you’re breaking your states law.
You can most definitely buy from your friends and family but they can’t legally buy a gun on your behalf. That’s a straw purchase. BUT they CAN buy a gun and give it to you as a GIFT. Like for your birthday. That’s legal.
You can most definitely buy from your friends and family but they can’t legally buy a gun on your behalf. That’s a straw purchase. BUT they CAN buy a gun and give it to you as a GIFT. Like for your birthday. That’s legal.
Posted on 9/10/20 at 6:55 pm to DosManos
It is subject to a background check when out of state. Your states laws will determine what you can do with once you buy it though, legally speaking that is.
Posted on 9/10/20 at 7:37 pm to DosManos
Long gun typically yes unless it's illegal in your state, pistol nope.
Posted on 9/10/20 at 7:47 pm to DosManos
Buying a pistol out of state is a federal no no.
Posted on 9/10/20 at 8:19 pm to A_bear
quote:
If you come to Louisiana you could legally buy a gun from an individual without having to do anything.
If you’re selling a pistol you could not possibly be more wrong.
This post was edited on 9/10/20 at 8:20 pm
Posted on 9/10/20 at 8:58 pm to DosManos
You cannot purchase a handgun or a long gun from an out of state source, retail or private, without the gun being transferred to you at an FFL in your home state.
ATF
However, as I was corrected below by bbvdd, the exception is if both states’ laws (purchaser’s state of residence and the licensee’s state of business) allow a transfer involving long guns from a dealer out-of-state you’re good to go. LA to MS and vice versa is legal based on both states’ laws. Was not aware and am glad for the clarification and info.
I dug up the applicable ATF reg:
ATF
ATF
However, as I was corrected below by bbvdd, the exception is if both states’ laws (purchaser’s state of residence and the licensee’s state of business) allow a transfer involving long guns from a dealer out-of-state you’re good to go. LA to MS and vice versa is legal based on both states’ laws. Was not aware and am glad for the clarification and info.
I dug up the applicable ATF reg:
ATF
This post was edited on 9/10/20 at 10:16 pm
Posted on 9/10/20 at 9:37 pm to LSUChamps03
quote:
You cannot purchase a handgun or a long gun from an out of state source, retail or private, without the gun being transferred to you at an FFL in your home state.
That’s not accurate.
I can legally buy a long gun out of state and have done so in the last few months. This was from a gun store.
This post was edited on 9/10/20 at 9:38 pm
Posted on 9/10/20 at 9:41 pm to bbvdd
Yep MS resident and bought a rifle from academy in LA. Pistols are a no go and unfortunately so are NFA items. There is a shop that sells silencers less than 30 min from me but they are across the state border so I will have to travel over an hour... kind of ridiculous to think about as they are federally regulated. What should the ATF care where it’s purchased.
Posted on 9/10/20 at 9:57 pm to LSUChamps03
quote:
You cannot purchase a handgun or a long gun from an out of state source, retail or private, without the gun being transferred to you at an FFL in your home state.
that's pretty vague because you can buy a long gun from an FFL out of state, but not a handgun. you have to abide by your states laws however.
if a floridian goes to AL or GA, they'll still have to wait 3 days due to FL state law.
Posted on 9/10/20 at 10:03 pm to wickowick
quote:
Buying a pistol out of state is a federal no no.
More accurately (if your state is a somewhat free state), you can buy a pistol from an out of state vendor all day long but the transfer to your possession has to be from an in-state FFL. You buy from an out of state FFL and pay them for the gun, they ship it and transfer it to the in-state FFL who then transfers it to your possession for a fee.
If you think about it, you're kind of paying the out of state FFL to give a free gun to your favorite local FFL (because they're awesome and deserve free guns) who then charges you a bit to do some paperwork to give you a free gun (and that's why they're awesome what with all the free guns they give you).
This post was edited on 9/10/20 at 10:15 pm
Posted on 9/10/20 at 10:12 pm to bbvdd
quote:
bbvdd
I stand corrected. If both states’ laws (purchaser’s state of residence and the licensee’s state of business) allow a transfer involving long guns from a dealer out-of-state you’re good to go. LA to MS and vice versa is legal based on both states’ laws. Was not aware and am glad for the clarification and info.
I dug up the applicable ATF reg:
ATF
Posted on 9/10/20 at 10:23 pm to finchmeister08
quote:
that's pretty vague because you can buy a long gun from an FFL out of state, but not a handgun. you have to abide by your states laws however.
I agree. Just thumbing through the ATF page there are a lot of regs I’d have never imagined existed. An honest man could face 10 years in federal prison for in good faith, with no ill intent, acquiring a handgun from his best friend who lives in another state. And his best friend could end up his cell mate.
It’s as if you should consult an attorney before you purchase your first gun just to be safe.
Posted on 9/11/20 at 9:03 am to bbvdd
So I couldn’t legally sell a gun to someone I know is from out of state, but I don’t have to legally check their ID. If I list a gun online, it could get sold to someone that never told me they weren’t from here. As long as I don’t have a reason to believe they’re a felon.
Posted on 9/11/20 at 10:28 am to A_bear
You could sell them a shotgun or rifle legally.
However, if you sell them a handgun, if they are not a resident of your state, you are committing a federal offense. Whether you know what state they are from or not.
What is going on is that people are confusing state law with federal law. La allows private sale of any gun and does not care about the residence piece. Federal law allows in state sale of long guns. But allows only a resident of a state to purchase a handgun in their state of residence. That state may, or may not allow non FFL sales.
However, if you sell them a handgun, if they are not a resident of your state, you are committing a federal offense. Whether you know what state they are from or not.
What is going on is that people are confusing state law with federal law. La allows private sale of any gun and does not care about the residence piece. Federal law allows in state sale of long guns. But allows only a resident of a state to purchase a handgun in their state of residence. That state may, or may not allow non FFL sales.
Posted on 9/11/20 at 10:49 am to A_bear
quote:
So I couldn’t legally sell a gun to someone I know is from out of state, but I don’t have to legally check their ID. If I list a gun online, it could get sold to someone that never told me they weren’t from here. As long as I don’t have a reason to believe they’re a felon.
I would be very surprised if anyone has ever been prosecuted for selling a gun to a individual when they didn’t know it was illegal because the buyer was from another state that was not also involved in some other more serious crime or at least large scale gun trafficking.
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