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-   -   Buying Guns Out of State (http://www.firearmstalk.com/forums/f97/buying-guns-out-state-56824/)

coold8 02-02-2012 01:09 AM

Buying Guns Out of State
 
Hi,

I am a student that live in Virginia, in a private apartment, and has a NJ license. I want to buy a handgun, as I will be getting a non-resident carry permit. Virginia will not sell me one, because I have a NJ license. NJ won't sell me one because the state is ruled by communists. What states can I drive to, that allow purchases from out-of-state residents, so I can bring it back to Virginia? Is that legal?

By the way, does West Virginia require an in-state license? I can get there in about an hour and a half.

Thank you.

-David J. Eisen

trip286 02-02-2012 01:13 AM

You'd have to do some research on long arm laws, but forget getting a handgun unless you get a license in Virginia. Can't buy a handgun outside of your state of residence, not legally.

coold8 02-02-2012 01:16 AM

You do not need a license to possess a gun in Virginia, or register it for that matter. Will no state sell a hand gun to an out of state resident? Technically, wouldn't it be legal to bring my gun from NJ to VA as long as it was legally purchased.

Belltactical 02-02-2012 01:17 AM

Not a lawyer, but it would seem to me that if you are living in Virginia you cold and possibly are required to if it's your primary residence, get a Virginia DL.

You would then be able to prove residency and just buy one in Virginia.

In terms of transport, here's a phone book size set of federal law with caveats on both ends of your trip governing interstate transport of firearms.

Get a VA DL and go buy a gun legally. Easiest legal route.

trip286 02-02-2012 01:20 AM

Yeah, if you have a gun in NJ it should be legal to keep it in VA. You need to research some of these laws a bit, I'm in MS so I know the laws relevant to my area front and back, but I don't know them all country wide.

There are transport laws, possession laws, so on and so forth, but overall I think it would be legal to possess your legally bought and owned handgun from NJ in VA.

I suggest starting off by sending a PM to C3shooter, he's very knowledgeable in this kind of thing, and is a current resident of VA, so I'll bet he'd be one of your best and quickest bets right now.

rigjumpr 02-02-2012 01:20 AM

why not just get a VA. license ?

c3shooter 02-02-2012 01:39 AM

This is governed by Federal law- mainly 18 USC 922. I am NOT a lawyer- am a gun collector and FFL holder.

You may only acquire a handgun in the state where you reside. There is a legal definition of "place of residence". If you reside in NJ, you can ONLY buy a handgun in NJ. Period. You CAN check about changing your official place of residency to VA. VA driver's license, registered to vote in VA, maintain a home in VA, etc.

However, If you LEGALLY acquire a handgun in NJ, yes, you can bring it to VA. No, VA does not have registration of firearms, and you don't need a license to OWN a gun. You may legally acquire a LONG gun from a dealer in any state, so long as your state does not prohibit that (California prohibits Californians from buying a gun in any other state)

You may only acquire a firearm (handgun or long gun) from a non-dealer when you both reside in the same state.

coold8 02-02-2012 01:43 AM

Well that is very simple,

Out-of-State Students

If you are enrolled as a full-time student in an accredited school in Virginia and not employed, you may drive in Virginia with a valid out-of-state (or another country) driver's license and valid out-of-state license plates on your vehicle. If you are a full-time student and employed, you are considered a resident of Virginia for the purposes of motor vehicle laws only. This does not necessarily qualify you for in-state tuition rates. Therefore, you must apply for a Virginia driver's license and register your vehicle in Virginia. You must register the vehicle in Virginia even if it is owned by someone else.

---------

Why would I not register for a license in Virginia? One, because my car is owned by my mother, and our insurance will likely change. Two, because if I were to get a speeding ticket (not an uncommon thing here in Virginia), my ticket is substantially higher once I am declared a Virginia resident. Third, only 2 points transfer to NJ unless it is a DUI, which most of the time is less than the equivalent in Virginia.

If there is not a easier way, I guess I will just get it in NJ, and go through the process. If I must get it in NJ, does anyone know if I can apply at State Police Barracks (for the Purchasing Card), or if I have to go all the way up to my town in NJ. Also, which card do I need for it? I believe it is the permit to purchase a handgun.

Thank You.

-Dave

Belltactical 02-02-2012 01:50 AM

NJ requires a firearms ID card. You need a separate permit to purchase for each handgun although unless things have changed, you can get as many as you want at one time. Not sure about getting the app and being printed at the NJSP barracks. I seem to recall that it needed to be signed off by the local PD where you claim residence. As far as insurance changes, it might turn out to be a good thing. NJ has some of the highest insurance rates in the Country.

robocop10mm 02-02-2012 02:02 AM

Quote:

Originally Posted by coold8 (Post 696815)
Well that is very simple,

Out-of-State Students

If you are enrolled as a full-time student in an accredited school in Virginia and not employed, you may drive in Virginia with a valid out-of-state (or another country) driver's license and valid out-of-state license plates on your vehicle. If you are a full-time student and employed, you are considered a resident of Virginia for the purposes of motor vehicle laws only. This does not necessarily qualify you for in-state tuition rates. Therefore, you must apply for a Virginia driver's license and register your vehicle in Virginia. You must register the vehicle in Virginia even if it is owned by someone else.

---------

Why would I not register for a license in Virginia? One, because my car is owned by my mother, and our insurance will likely change. Two, because if I were to get a speeding ticket (not an uncommon thing here in Virginia), my ticket is substantially higher once I am declared a Virginia resident. Third, only 2 points transfer to NJ unless it is a DUI, which most of the time is less than the equivalent in Virginia.

If there is not a easier way, I guess I will just get it in NJ, and go through the process. If I must get it in NJ, does anyone know if I can apply at State Police Barracks (for the Purchasing Card), or if I have to go all the way up to my town in NJ. Also, which card do I need for it? I believe it is the permit to purchase a handgun.


Thank You.

-Dave

OK you are not getting it. Virgina law allows you as a full time student to maintain your New Jersey residency and Driver's License. This has absolutely no effect what so ever on the Federal law that prohibits anyone from purchasing a handgun from an FFL dealer outside of their State of residence.

What are you more worried about, skirting the license points for your bad driving or legally purchasing a handgun?


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