buying a gun in a different state

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dan_sayers
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buying a gun in a different state

Post by dan_sayers »

The sale and purchasing of firearms is federally regulated. So you can imagine my disbelief when I first heard that if I were to purchase a gun in Michigan, the fact that I'm an Ohio resident would mean I would NOT be walking out with my new gun. So I thought I'd ask here for anybody to confirm or deny what I've been told. If it's true, perhaps even an explanation, if one's available. Please and thank you.
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hiker
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Post by hiker »

what you were told is correct. Buying across state lines requires the weapon be shipped to a FFL. The FFL in your resident state runs your background check & "transfers" the weapon to you.

Any gun shop will handle the transfer although transfer fees vary widely. (I've been quoted anywhere from $25 to $65, I'm told there are better deals out there.) You pay the out-of-state seller for the purchase plus shipping charges. The in-state dealer collects only the transfer fee. Or so it was with my one purchase out-of-state.

As to why, just a guess: State laws vary regarding purchase/handgun ownership. Some states require you to apply for/get a permit to own before buying a handgun. Easier for a FFL in your own state to verify local laws are observed in the sale/transfer.
CincinnastyKid
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Post by CincinnastyKid »

I've always hated that law too since I live 15-20 minutes from the Indiana border and 5-10 minutes from the Kentucky border.

I also have a lot of friends in N. KY and if they have a gun they want to sell me, legally, we must go to a FFL in Ohio to do the transfer.

-Kid
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Post by GWC »

Rifles and shotguns can be purchased in contiguous states, IF both states have passed enabling legislation. Handguns must be purchased in your home state. This has been law since 1968.
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Post by Brian D. »

GWC hit the nail right on the head. Dan, why not drop Sen. Ted Kennedy a warm thank you note for the Gun Control Act of 1968? Never too late to show your gratitude, like so many of us have done already.. :wink:
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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jabeatty
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Post by jabeatty »

GWC wrote:Rifles and shotguns can be purchased in contiguous states, IF both states have passed enabling legislation. Handguns must be purchased in your home state. This has been law since 1968.
The law has changed since 1968 (see 922(b)(3)). It's now legal to buy rifles and shotguns in *any* state, so long as neither that state nor your home state specifically prohibit such sales.

For example, as an Ohio resident, I can buy a rifle or shotgun in Kentucky, Indiana, or Arizona (along with many other states). I cannot buy a long arm in Illinois (and several other states), as Illinois' regulations specifically restrict such transfers to contiguous states. (IL passed its own copy of GCA in '68 and hasn't updated it to match federal law.)

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Post by haspelbein »

jabeatty wrote:[...]The law has changed since 1968 (see 922(b)(3)). It's now legal to buy rifles and shotguns in *any* state, so long as neither that state nor your home state specifically prohibit such sales.
[...]
And if I remember correctly the seller has to obey by the rules of your home state, such as waiting periods, assault weapons bans, and such. Which is the reason why many FFLs simply won't sell to residents of certain states.
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ArcherAce
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Post by ArcherAce »

jabeatty wrote:
GWC wrote:Rifles and shotguns can be purchased in contiguous states, IF both states have passed enabling legislation. Handguns must be purchased in your home state. This has been law since 1968.
The law has changed since 1968 (see 922(b)(3)). It's now legal to buy rifles and shotguns in *any* state, so long as neither that state nor your home state specifically prohibit such sales.
Anyone know what Michigans take is on this?

They have a Dunhams up there and I'd like to be able to purchase rifles from them without haveing to go through an FFL.
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Post by jabeatty »

ArcherAce wrote:Anyone know what Michigans take is on this?

They have a Dunhams up there and I'd like to be able to purchase rifles from them without haveing to go through an FFL.
Michigan seems quite focused on regulation of handgun sales; rifles and shotguns are given only a backward glance, as it were. In a brief search of state law PDF compilation of MI firearms law, I can't see anything restricting long arm sales, except for SBRs and SBSs.

I'd bet your best approach to this would be a call to a manager at Dunhams. For one, they might know their law, but more importantly, they just might know the store's policy on interstate long arm sales.

Jim
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Post by hiker »

CincinnastyKid wrote:I've always hated that law too since I live 15-20 minutes from the Indiana border and 5-10 minutes from the Kentucky border.

I also have a lot of friends in N. KY and if they have a gun they want to sell me, legally, we must go to a FFL in Ohio to do the transfer.

-Kid
For me, part of the fun of traveling is finding some out-of-the-way gun shop in new turf. You never know when you might find a great deal on something you've always wanted to own. Been there a few times in some Ky gun shops but by the time I figured the transfer costs & shipping it just wasn't worth it.

Hmm, between this out of state transfer thing and all the carry issues (BMV, fairgrounds, plain sight, etc) . . . If I didn't know better I might get the wrong idea and think someone was messing with my constitutional rights!

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jabeatty
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Post by jabeatty »

jabeatty wrote: The law has changed since 1968 (see 922(b)(3)). It's now legal to buy rifles and shotguns in *any* state, so long as neither that state nor your home state specifically prohibit such sales.
Argh. Nothing like leaving out crucial details... <sigh>

It's legal to buy long arms from a licensee in any state, subject to the provisions previously discussed. It's still illegal to do interstate transfers between individuals, regardless of the type of firearm or the regulations of the states involved.

Sorry for the lapse...

Jim
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Post by willbird »

Another twist, I think a C&R holder can buy a C&R handgun out of state legally, however MOST ffl's probably would not do it because they would not be sure of themselves.Lots og guns you wouldnt think of are on the C&R list, and more get added.

if it is a major issue to you get an FFL for the purpose of gunsmithing, you can buy and sell guns with it, just not as a business, IE you can not sell retail, however if you wish to order a new gun you just do so. Gunsmithing FFL does not require a store front, and business hours can be what you state...and it wouldnt be hard to come up with a bit of smith work here and there to put into your bound book.

Bill
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Post by Petrovich »

willbird wrote:Another twist, I think a C&R holder can buy a C&R handgun out of state legally, however MOST ffl's probably would not do it because they would not be sure of themselves.Lots og guns you wouldnt think of are on the C&R list, and more get added.

if it is a major issue to you get an FFL for the purpose of gunsmithing, you can buy and sell guns with it, just not as a business, IE you can not sell retail, however if you wish to order a new gun you just do so. Gunsmithing FFL does not require a store front, and business hours can be what you state...and it wouldnt be hard to come up with a bit of smith work here and there to put into your bound book.

Bill
I thought about that angle once but don't you need some gunsmith credentials?
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Post by Wayne »

Petrofergov wrote:
I thought about that angle once but don't you need some gunsmith credentials?
I would think with the small shop you have P4G that would be good enough. :wink: Take one of those mail order gunsmithing courses you see in the back of Popular Mechanics. :D
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Post by Petrovich »

Wayne wrote:
Petrofergov wrote:
I thought about that angle once but don't you need some gunsmith credentials?
I would think with the small shop you have P4G that would be good enough. :wink: Take one of those mail order gunsmithing courses you see in the back of Popular Mechanics. :D
I'm thinking an FFL would be more hassle than it's worth. For one thing, if you have one you have to list all of the firearms you have, even your private collection. For all intents and purposes at that point you're firearms have become registered. Then there's that crap about dealing with the atf. I'm just not too hip on the idea of being inspected or audited or whatever they call it.

I shop for deals and I find them. I think a FFL serves the dealers purpose but for the collector those days are probably gone (thanks klinton).
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