legal purchase question.
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legal purchase question.


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Old 12-10-2013, 09:09 PM   #1
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Default legal purchase question.

Ok, all the guns I ever purchased were from a store or on line sent to the local gun shop.

So I have a “what if” question to ask.

What if I went to CA for a week and a friend of the family were to sell me a Chinese 12 Gauge clone and a Mosin.

He has a Current CW and I have my IL FOID.

He called my local FFL and gave our info on the sale.

I get a gun case and bring them back with me on the plane.

After returning I were to see where it says we should “send them to the purchasers local FFL”.

Well, what if they are already here and I went to the local FFL and told him that I brought them back rather than mail them.

He says "don't worry about it" and he is leaving early and I should bring them in tomorrow.

Would there be a HUGE legal issue with me bringing them back rather than sending them?

Paranoia requires I ask, is there a requirement that someone be notified of said transport discrepancy?

Just curious mind you.

Last edited by archangel2003; 12-10-2013 at 09:12 PM.
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Old 12-10-2013, 09:41 PM   #2
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I am not a lawyer, nor do I play one on TV and did not stay at a Holiday Inn Express recently.

It is possible under Federal law to purchase long guns outside of your state of residence. While visiting the fair state of SD two years ago, I purchased a used shotgun from an LGS, took it home legally to WI is one example of a legal transaction.

Handguns purchased out of your state of residence must be shipped to an FFL holder in your state. Bought a Hi Power clone at same LGS on this year's trip to SD, had to ship the pistola to an FFL in my new state of GA.

Does your state, Peoples Republic of Ilinois, have rules above and beyond Federal? Check with a local expert.

There are also some cases where a handgun can be shipped across stateline under probate laws, but that is not a purchase.

Last edited by Gatoragn; 12-16-2013 at 09:28 AM. Reason: Clarification
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Old 12-10-2013, 10:08 PM   #3
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California???

Illinois???

Airlines???

I'm not a lawyer but with those 3 factors, I'd just pay for the shipping and the FFL transfer fee just to save any possible/probable hassles...

I don't know of any legal issues per se but if it were me, I'd err on the side of caution...and on the side of not getting your balls busted by some airline goons for traveling with...wait for it...guns!!! The horror!!!
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Old 12-10-2013, 10:26 PM   #4
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i would check with an FFL in your state of residence and see what they say. but as suggested, i would err on the side of caution as well.
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Old 12-10-2013, 10:47 PM   #5
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Quote:
Originally Posted by vincent View Post
California???

Illinois???

Airlines???

I'm not a lawyer but with those 3 factors, I'd just pay for the shipping and the FFL transfer fee just to save any possible/probable hassles...

I don't know of any legal issues per se but if it were me, I'd err on the side of caution...and on the side of not getting your balls busted by some airline goons for traveling with...wait for it...guns!!! The horror!!!
Southwest Airlines, place the guns in a locked hard case (after they have a look see inside and place a card with your info on it inside).
Place any ammo (there is a weight limit per person) in a wood or fiber case as to protect the primer (tiny little plastic tool box).
Call the airlines before to find out how they want it done.
When arriving curbside they will direct you to a baggage checker, they will inspect and take the case to the (official fire arms checker) at the oversize baggage drop off, after a minuet or two you are good to go.
When you get to where you are going to, pick it up at the over sized baggage claim.

No drama, no raised eyebrows, no sneers, just baggage.

I had the bolts and a few other parts in my carry on as the checked bag was over weight, so I do believe that if you had a gun torn apart it would pass through the xray machine.
They only questioned other stupid things, but not the gun parts.

Thanks for the info.
I was not expecting the purchase but $100 for a $200+ shotgun and a mosin thrown in for free with the deal was just too good to pass up!

Last edited by archangel2003; 12-10-2013 at 10:55 PM.
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Old 12-10-2013, 10:56 PM   #6
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If you feel confident about it, that's great. I don't fly much (meaning at all anymore... ) but have heard Southwest is a pretty good carrier...

I know some airlines like to charge extra for baggage nowadays, to me, if that's the case, it would be 6 in one, half dozen in the other to ship 'em as opposed to checking them...

Like I said, that's just me...

You sound like you've got your ducks in a row, I'm sure it'll be fine...
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Old 12-10-2013, 11:08 PM   #7
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Sorry, yes, major legal hassle. Federal felony.

I am not a lawyer, have dealt with Federal gun laws as a collector since the early 1970s.

You may not acquire ANY firearm outside of your state of residence.
Exception- inheritance
Exception- you may acquire a rifle or shotgun FROM A DEALER.

If the friend of the family wanted to MAIL or SHIP (UPS, FedEx) the guns to a dealer in your home state, and the dealer then did the 4473 transfer to you- legal.

If you and the friend went to a CA gun shop, and THEY transferred the guns to you- legal.

For you to directly take possession from a non-dealer outside of your state of residence- illegal.

You can find this in US Code, Title 18, Section 922.
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Old 12-10-2013, 11:15 PM   #8
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In addition, try taking the receiver of a firearm thru airport xray, You will not like the food at the Federal Correctional Institute, Atlanta. Try for Petersburg VA.

To attempt to carry a firearm, EVEN A DISASSEMBLED FIREARM inside of the secured area of an airport is illegal as hell, and oh, my, yes, they DO prosecute.

You MAY fly with a firearm- AS CHECKED BAGGAGE. NOT AS A CARRY-ON.

Go to the website for TSA, go to the website for your airline, and read how to do it legally. Before I retired last year, flew with a firearm 12-15 times each year.

And folks, PLEASE do not offer legal advice unless you know the law. A felony conviction will cost them the right to ever possess ANY firearm.
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Old 12-10-2013, 11:19 PM   #9
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Be very wary of anything to do with CA. There are no legal private sales in CA. None of the dealers in AZ will sell any CA resident any firearm unless they have "duel citizenship" meaning AZ ID showing they are a legal part time resident. Even then they are asking for trouble if they transport the firearm to CA and get caught. They like to make you a felon so you can not own firearms. Very dark grey area. One of the big reasons I dont even like to drive in CA other wise known as the Peoples Republik of Kalifornistan, home of the Kalibanners.
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Old 12-12-2013, 12:38 PM   #10
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Quote:
Originally Posted by c3shooter View Post
Sorry, yes, major legal hassle. Federal felony.

I am not a lawyer, have dealt with Federal gun laws as a collector since the early 1970s.

You may not acquire ANY firearm outside of your state of residence.
Exception- inheritance
Exception- you may acquire a rifle or shotgun FROM A DEALER.

If the friend of the family wanted to MAIL or SHIP (UPS, FedEx) the guns to a dealer in your home state, and the dealer then did the 4473 transfer to you- legal.

If you and the friend went to a CA gun shop, and THEY transferred the guns to you- legal.

For you to directly take possession from a non-dealer outside of your state of residence- illegal.

You can find this in US Code, Title 18, Section 922.
Just another violation of the Constitution WE ALLOW!
Where does it stop??????
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