Buying rifle out of state

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  • LPPOsecurity

    Expert
    Rating - 100%
    3   0   0
    Apr 19, 2010
    754
    18
    NWI
    I'm looking into buying a rifle from a friend who lives in Michigan, we went to an ffl and were told it wasn't necessary to transfer a rifle thru ffl but thought I'd do an ask around first
     

    Indy_Guy_77

    Grandmaster
    Rating - 100%
    16   0   0
    Apr 30, 2008
    16,576
    48
    Federal law states that the transfer of any firearm between residents of different states MUST go through an FFL.

    For a long-gun, the FFL can be in either the buyer or seller's home state...IF the states share a common border.

    For a hand-gun, the FFL must be in the buyer's state.

    For a long-gun in which the states do NOT border, the transfer must occur in the buyer's state.

    -J-
     

    downzero

    Master
    Rating - 0%
    0   0   0
    Jun 16, 2010
    2,965
    36
    For a long-gun in which the states do NOT border, the transfer must occur in the buyer's state.

    Are you sure? I know Illinois state law says that, but my understanding of federal law is that one can buy a long gun from an FFL in any state.
     

    indykid

    Grandmaster
    Rating - 100%
    4   0   0
    Jan 27, 2008
    11,936
    113
    Westfield
    ATF changed that not too long ago. Like everything else they do, one day something is legal, the next (or even later that day) it is not legal.

    Today all transactions to out of state individuals must go thru an FFL. A few year ago that wasn't the case. In fact the last rifle I bought out of state before the law changed was from a uniformed civilian!
     

    downzero

    Master
    Rating - 0%
    0   0   0
    Jun 16, 2010
    2,965
    36
    ATF changed that not too long ago. Like everything else they do, one day something is legal, the next (or even later that day) it is not legal.

    Today all transactions to out of state individuals must go thru an FFL. A few year ago that wasn't the case. In fact the last rifle I bought out of state before the law changed was from a uniformed civilian!

    The ATF doesn't have the power to change that. The Gun Control Act in 1968 made it illegal to engage in interstate commerce of firearms. It's nothing new and it certainly didn't come from an executive office. It came from Congress.

    Your understanding is correct, but not germane.

    -J-

    Uh, try again. I believe he can get the transfer done in any state he so chooses with an FFL.
     

    usmcdjb

    Sharpshooter
    Rating - 100%
    121   0   0
    Jan 16, 2010
    575
    27
    Wabash County
    For those that want the letter of the (Federal) law, here are a few excerpts. The neat thing is, both parties would be breaking the law.

    From the Gun Control Act of 1968 - Title 18, United States Code, Chapter 44

    § 922 Unlawful acts.​
    (a)
    It shall be unlawful—

    ........

    (3)​
    for any person other than a licensed
    importer, licensed manufacturer,
    licensed dealer, or licensed
    collector to transport into or receive in
    the State where he resides (or if the
    person is a corporation or other business
    entity, the State where it maintains
    a place of business) any firearm purchased
    or otherwise obtained by such
    person outside that State, except that
    this paragraph (A) shall not preclude
    any person who lawfully acquires a
    firearm by bequest or intestate succession
    in a State other than his State of
    residence from transporting the firearm
    into or receiving it in that State, if it is
    lawful for such person to purchase or
    possess such firearm in that State, (B)
    shall not apply to the transportation or
    receipt of a firearm obtained in conformity
    with subsection (b)(3) of this section,
    and (C) shall not apply to the
    transportation of any firearm acquired in
    any State prior to the effective date of

    this chapter;

    ....

    5)​
    for any person (other than a licensed
    importer, licensed manufacturer,
    licensed dealer, or licensed

    collector) to transfer, sell, trade, give,
    transport, or deliver any firearm to any
    person (other than a licensed importer,
    licensed manufacturer, licensed dealer,
    or licensed collector) who the transferor
    knows or has reasonable cause to believe
    does not reside in (or if the person
    is a corporation or other business entity,
    does not maintain a place of business
    in) the State in which the
    transferor resides; except that this
    paragraph shall not apply to (A) the
    transfer, transportation, or delivery of a
    firearm made to carry out a bequest of
    a firearm to, or an acquisition by intestate
    succession of a firearm by, a person
    who is permitted to acquire or
    possess a firearm under the laws of the
    State of his residence, and (B) the loan
    or rental of a firearm to any person for​
    temporary use for lawful sporting purposes;
     

    darkwang

    Plinker
    Rating - 0%
    0   0   0
    Aug 9, 2010
    36
    6
    Michiana
    I live in Michigan and have bought lots of long rifles in Indiana and drove them home. These have all been from large gun stores and chains.
     

    CountryBoy19

    Grandmaster
    Rating - 91.7%
    11   1   0
    Nov 10, 2008
    8,412
    63
    Bedford, IN
    I live in Michigan and have bought lots of long rifles in Indiana and drove them home. These have all been from large gun stores and chains.
    :dunno:

    Are you telling us that it's legal to buy a rifle from an FFL in another state? That's quite obvious had you read the thread.

    We're talking about FTF private sales in another state. The rifle must be transferred through an FFL in order to do so legally. Meaning the buyer and seller meet each other at an FFL, do the paperwork, buyer goes home with rifle, seller goes home with cash, end of story.
     
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