Private purchase out of state laws

Discussion in 'Legal and Activism' started by DruidKing, Feb 12, 2013.

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  1. DruidKing

    DruidKing New Member

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    What are the laws regarding the private sale of rifles between states? Currently I am a resident of NYS (But not NYC), and I am going to be visiting a gun show in Philly March 8-10. A dealer that I frequent suggested that I MIGHT be able to legally buy the rifle (A FS2000 if you're curious) there if I can find a private dealer. Apparently the laws allow you to make private purchases of guns that had been grandfathered in. Does anyone have any insight into this?

    Also completely off topic... Anyone have an FS2000? what do you think of it? :D
     
  2. tCan

    tCan Active Member

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    I was under the impression that buying any gun out of state was against federal law. Probably just a bunch of malarkey I've been fed...
     

  3. danf_fl

    danf_fl Retired Supporter

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    A private transfer over state lines requires that the buyer do the transaction through an FFL holder.
     
  4. nicklarimore

    nicklarimore New Member

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    Not sure about New York but in my store ( in ky) we get a lot of buyers from Indiana. We can sell them long guns and handguns but we have to send the hand gun to an ffl in Indiana where the purchaser will then fill out the papers. So I would check to make sure there aren't any little laws like that.
     
  5. c3shooter

    c3shooter Administrator Staff Member

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    Sale of ANY firearm to the resident of a different state by a private person is unlawful- Federal law Title 18 US Code section 922. A DEALER may sell a rifle or shotgun to a resident of another state IF the sale in legal in both states.

    Sorry, bro- but you were given bad advice- and yes, the ATF has arrested people for this.
     
  6. John_Deer

    John_Deer New Member

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    I have bought long guns from dealers and auctions out of state. I had to fill out a 4473 and go through a background check just like any long gun purchased from a dealer here in NC. I can buy handguns with my concealed carry permit here in NC. I can not buy a handgun out of state.

    I don't know if this is good all over the US. Here in NC every Sheriffs Dept has a deputy assigned to purchase permits and concealed carry permits. Once you get to know this deputy he will always give good advice regarding weapons purchases.
     
  7. bobski

    bobski Active Member Sponsor

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    being its new york, it changes everything. they have a law unto themselves concerning out of state purchases. you need to research it.
     
  8. locutus

    locutus Well-Known Member Supporter

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    Short answer: NO!:(:(:(
     
  9. Garadex

    Garadex New Member

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    Is there even less than 10 round mags for that rifle? :confused:
     
  10. DruidKing

    DruidKing New Member

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    So is there really no way to buy a rifle through a private deal? I thought that if Joe Blow wanted to sell me his own gun that everything would be cool. Whatever happened to this "Gun Show Loop Hole" that everyone talks about? I thought that the laws regarding sale between private citizens were different than those involving a dealer... This is annoying me.

    Does anyone know when the NYS gun laws expire? I can't seem to find any mention of it anywhere.
     
  11. Jpyle

    Jpyle New Member

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    Private sales can take place only between residents of the same state. Any gun that crosses a state line must be transferred by a dealer (FFL) and requires a background check. Long arms can be transferred by a dealer in the state of sale, handguns must be shipped to a FFL in the buyers state of residence.
     
  12. c3shooter

    c3shooter Administrator Staff Member

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    That "Gun show loophole" ranks up there with Kosher ham, dehydrated water, and low salt brine.

    Yes, the laws ARE different for sales between private persons. That is why a DEALER can sell a rifle to someone from another state, and a private person cannot.

    As has been said by several folks here- this is governed by FEDERAL law- there is not question of a state law allowing something less stringent. It applies in all 50 (or 57) states.

    The ONLY time that a firearm can be transferred private party to private party WITHOUT going thru a FFL holder is in the case of INHERITANCE of a firearm. The Executor of an estate CAN ship a firearm directly to an inheritor IF ownership of the firearm in legal in the inheritor's state.

    http://www.law.cornell.edu/uscode/text/18/922
     
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