Buying Guns Out of State

Discussion in 'Legal and Activism' started by coold8, Feb 1, 2012.

  1. coold8

    coold8 New Member

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    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
     
    Last edited: Feb 1, 2012
  2. trip286

    trip286 New Member

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    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.
     

  3. coold8

    coold8 New Member

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    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.
     
  4. Belltactical

    Belltactical New Member

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    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.
     
    Last edited: Feb 1, 2012
  5. trip286

    trip286 New Member

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    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.
     
  6. rigjumpr

    rigjumpr New Member

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    why not just get a VA. license ?
     
  7. c3shooter

    c3shooter Administrator Staff Member

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    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.
     
  8. coold8

    coold8 New Member

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    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
     
  9. Belltactical

    Belltactical New Member

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    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.
     
  10. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    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?
     
  11. Belltactical

    Belltactical New Member

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    Moving on, have a great day.
     
  12. coold8

    coold8 New Member

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    Yea, I got that now, I posted the message as the other guy posted about the federal law.

    I have decided to get the firearm in NJ. That way if I do move back there after school, I will not have to attempt to transfer it to NJ.

    Yes the speeding ticket points do matter, many people get speeding tickets, and I am sure there are many of you that may classify yourselves as "good drivers" but still gotten a ticket. Also the NMA (National Motorist Association), will happily argue that what the state determines "bad driving" versus what actually causes the most accidents, are very different. See http://www.motorists.org/speed-limits/do-limits-matter . This however is not an issue for this forum.

    Thank you for your help, I greatly appreciate it.

    -Dave
     
    Last edited: Feb 1, 2012
  13. trip286

    trip286 New Member

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    I seem to recall it being fairly easy to get a ticket in Virginia...
     
  14. Jpyle

    Jpyle New Member

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    Nope, one handgun every 30 days...not counting the day of your last purchase.
     
  15. Vikingdad

    Vikingdad New Member

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    C3, I think it is legal for a CA resident to purchase a gun in another state as long as they have it shipped to a CA FFL for the transfer. I could be wrong about that though (never done it myself).
     
  16. Vikingdad

    Vikingdad New Member

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    They made a similar law here in CA several years ago. Two handguns every 30 days. It was almost six months and 12 handguns before I found out that was a maximum allowed, not the minimum required purchase.:D
     
  17. c3shooter

    c3shooter Administrator Staff Member

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    Dad- you are correct. Californian may not take possession from an out state dealer directly, must go to a California FFL.
     
  18. woody63m

    woody63m New Member

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    Just buy it from a private seller find somebody who is looking to get rid of some guns and make a private sell
     
  19. Yunus

    Yunus New Member

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    Don't do this. It's illegal!

    The legal way is annoying but not nearly as annoying as all the paperwork that will be filled out during your trial. Plus the prison sentence, that's probably going to be annoying as well.
     
  20. pagj17

    pagj17 New Member

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    Two handguns? Down here It's one a month:(