?? on transferring if travelling to another state.

[mikeinctown]

I'm aware that normally one does an FFL to FFL transfer across state lines, and I've used that process for a couple of the guns I've purchased that were shipped to me. In my state I can also do a face to face transfer with no fees or backgroud check provided that we are both state citizens and legally able to own a gun.

 

This question deals with buying if I happen to be in another state. The way that the government wanted it done in the past was that I would buy the gun, then the dealer would have to ship it to the FFL in my state, then I would have to have it transferred there. I recall reading about a court case where the judge ruled that buying from any FFL no matter what state you resided in was legal as you were in person and filling out the form. Do not know if that was confirmed or overturned.

 

So what are the current regulations regarding transfers/sales? I live just over an hour from the border of another state, and frequently travel into that state as my family owns propery there. I'd like to be able to make purchases there if I wanted without having to pay to have anything shipped, then pay a separate FFL transfer fee.

[Round_Gun_Shooter]

FROM ATF Newsletter.  What it comes down to is "depends on the state" and must be a long gun

 

Call your local ATF for a better response.
 

2

FFL NEWSLETTER

August 2004

CONTIGUOUS STATE – PART 2

In an article that appeared in the December 2002

edition of the

FFL Newsletter

, we advised FFLs

that the “contiguous state” provisions of the Gun

Control Act were amended in 1986, and that the

GCA allows dealers to sell or dispose of a long

gun to a resident of another state provided, (1) the

purchaser was not otherwise prohibited from

receiving or possessing a firearm under the GCA,

and ( 2) the sale, delivery and receipt fully comply

with the legal conditions of sale in the buyer’s and

seller’s States.

The condition of sale relating to compliance with

the applicable laws of both States cited above

continues to cause confusion among dealers,

particularly among those dealers who conduct

business in a State whose laws presently contain

language that allows “contiguous state” sales.

Historically, prior to the 1986 amendments to the

GCA, many States enacted provisions in their laws

that allowed their residents to acquire a long gun in

a contiguous State. For the most part, these State

law provisions were modeled after the contiguous

state provisions of the GCA. However, even

though the GCA was amended in 1986 to allow

the sale of long guns to residents of any State

pursuant to the conditions cited above, many States

have not yet amended their laws to reflect similar

language. ATF takes the position that if the laws

of a given State allow its residents to acquire a long

gun in a contiguous State, those laws also allow its

residents to acquire a long gun in any other State

where the laws of that State permit such

transactions, unless the language contained in that

State’s law expressly prohibits it residents from

acquiring a firearm outside that State. Questions

regarding particular State law provisions should be

referred to your local ATF office.

[SCTaylor]

https://www.atf.gov/questions-and-answers/qa/may-unlicensed-person-acquire-firearm-under-gca-any-state

 

Looks like it's still in your state of residence only. I read the case you are referring to and it appears to be held up in appeals. Bummer.