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Thread: Buying a handgun out of state

  1. #1
    Boolit Master
    am44mag's Avatar
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    Buying a handgun out of state

    Here's a legal question. Can I, a legal resident of Oklahoma, buy a handgun in the Great State of Texas at a gun stop without having it shipped to my FFL back home?

    I know the law USED to be that I had to have it shipped to my FFL in Oklahoma, but this seems to change things.

    http://www.washingtontimes.com/news/...ments-pistol-/

    If I understand this right, I can buy a handgun out of state now, right?
    ______________________________________________
    Aaron

  2. #2
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    out here if it's a bordering state you can.
    if the state your in and your state both allow it.

  3. #3
    Boolit Master MyFlatline's Avatar
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    Had a shop in Texas refuse to sell a long gun without it being shipped earlier this year...He said it was his call..We left without it

  4. #4
    Boolit Grand Master

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    Buying a handgun out of state

    Long guns, yes. Handguns, no. This is what I've been told by the FFL that handles all my transfers.

    From the ATF, notice it only mentions over the counter sales of rifles and shotguns: https://www.atf.gov/questions-and-an...-gca-any-state

  5. #5
    Boolit Master

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    That's a 2015 court ruling. Obama would just ignore any law or court he didn't like.

  6. #6
    Boolit Master
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    I can buy one in Georgia but it has to be taken to a FFL in Alabama for me to pick it up. Rifles and shotguns are OTD. Individual sales...????? mostly cash and carry.
    Tom
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  7. #7
    Boolit Master Handloader109's Avatar
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    You can't buy a HANDGUN from a state that you don't reside in without having it shipped to a FFL and you having to fill out paperwork in your home state.
    Yes a long gun or shotgun is legal to purchase across state line.

    What you do Person to Person is your and his decision.....
    But business can't.
    And There was no reason for not selling rifle/shotgun to out of state person unless you made the seller uncomfortable and it then becomes his OBLIGATION not to sell you a firearm.

  8. #8
    Boolit Master


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    IIRC, it is federally illegal for a handgun to cross state lines without a FFL dealer in the state of residence of the purchaser's to do a background check. Though tough to enforce for face to face transactions, an FFL dealer can not sell a handgun to an out of state individual.
    Many dealers will not accept an out of state handgun from an individual. Apparently in my area the BATF told dealers that the shipment must be FFL to FFL.

  9. #9
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    INTERSTATE sales must go through an FFL. INTRASTATE sales (generally) don't.

    Going by the advice of folks on a website like this is not prudent.

    Gunbroker.com, Gunauctions.com or the ATF website can walk you through it.

    When you are arrested quoting me won't help. Having a copy of the ATF regs or better yet a ATF letter might.

    When in ANY doubt, ship from and to an FFL !

  10. #10
    Boolit Master & Generous Contributor

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    Been there and done that. I've won a number of handguns in Tx but I have to have them shipped to my FFL in La.
    It is a federal law and is about as stupid as stupid gets.
    I can't purchase a 22 rim fire revolver out of state and walk out of the store with it but, I can purchase an AR-15, a dozen mags and a 1000 rds of ammo out of state and walk out of the store with it.
    If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.
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    Sam

  11. #11
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    Slightly off topic but I can't resist. I can walk around Wal-Mart with a pistol in my pocket but when I bought a muzzle stuffed charcoal burner they carried it out the door for me, with my legally carried pistol in my pocket. If you take the plastic packaged muzzle loader off the pegboard shelf complete with propellant, primers and bullets you can take it through the front checkout lanes.
    Sometimes life taps you on the shoulder and reminds you it's a one way street. Jim Morris

  12. #12
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    David2011, I hear you. That's corporate policy and not law. Doesn't make much sense but policy seldom does.

    As for the OP - Federal law is pretty clear on handgun transfers from an FFL. You must be in your home state when a FFL transfers the handgun to you or you must be a FFL holder. So a handgun purchased out of state MUST go to an FFL in the resident's home state for the final transfer to the purchaser.
    Federal law allows out of state transfers for long guns to residents of adjoining states BUT not all states allow that.

  13. #13
    Boolit Master
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    My LGS in Georgia only charges $10 for a transfer to the pick up FFL in Phenix City. Mostly just a formality...... probably covers gas.....
    Tom
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  14. #14
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    The FFL dealers I have talked to here (Missouri) tell me that all smokeless guns with a serial number must go through an FFL in the state the buyer resides in if they are to cross state lines. This is long and short guns alike. This means it is illegal for me to purchase a gun in a neighboring state at a gun show and carry it across state lines to my residence. I can purchase all the guns I like from individuals at local gun shows in my state of residence without any federal paperwork. Dealers still have to require the Federal paperwork on all gun purchases. I think the law is vague enough that most dealers make the interpretation to avoid any possible infringement of the law. Can't say I blame them.
    Mark 5:34 And He said to her (Jesus speaking), "Daughter, your faith has made you well. Go in peace and be healed of your affliction."

  15. #15
    Boolit Grand Master



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    Per the ATF rifles and shotguns yes but no on handguns.

    https://www.atf.gov/questions-and-an...-gca-any-state

  16. #16
    Boolit Grand Master

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    Same link that was in Post #4

  17. #17
    Boolit Buddy
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    Quote Originally Posted by dragon813gt View Post
    Long guns, yes. Handguns, no. This is what I've been told by the FFL that handles all my transfers.

    From the ATF, notice it only mentions over the counter sales of rifles and shotguns: https://www.atf.gov/questions-and-an...-gca-any-state
    Apparently private face to face sale out of state is not allowed. Is this something that changed, I thought that used to be permitted?

  18. #18
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    Can we move on ? The ATF website is 100% CLEAR !

  19. #19
    Boolit Grand Master



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  20. #20
    Boolit Master
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    It is an antiquated law written before background checks and computers to check police records. This law needs to be changed and updated for the digital age.

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