Buying a gun (any in Tn)

[Spats McGee]

The "Legal Information Institute" of Cornell Law has "notes" about amendments, etc.. They show:

Subsec. (b)(3)(A). Pub. L. 99–308, § 102(4)(B), inserted a new cl. (A) and struck out former cl. (A) which provided that par. (3) “shall not apply to the sale or delivery of a rifle or shotgun to a resident of a State contiguous to the State in which the licensee’s place of business is located if the purchaser’s State of residence permits such sale or delivery by law, the sale fully complies with the legal conditions of sale in both such contiguous States, and the purchaser and the licensee have, prior to the sale, or delivery for sale, of the rifle or shotgun, complied with all of the requirements of section 922(c) applicable to intrastate transactions other than at the licensee’s business premises,”.​

The substitution was the result of Public Law 99-308, of May 19, 1986. Google has the amendment list, but not the "prior" language: https://www.govinfo.gov/content/pkg/STATUTE-100/pdf/STATUTE-100-Pg449.pdf#page=3

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Michael

I'm late to the party, but I believe that @Gelrir has hit the nail on the head. I researched the same thing a couple of years ago. The 'contiguous states' rule was federal law at one time, but was changed circa 1986.

As it stands right now:

• All new firearms sales & interstat must go through an FFL somewhere.
• Long gun transfers can go through an FFL in any state, but the sale must comply with the laws of both states.
• Handgun transfers must go through an FFL in the transferee's state of residence.

 

[Rule3]

it means physical possession. like i can buy a suppressor and then i own it, but it takes a couple months to transfer into my hands physically

I still do not understand "adjacent states" "which for TN turns out to be quite a few (MS AL GA NC VA KY AR MO)" for long guns?

Is that a TN law? Federal law as I know it here in Florida is that a long gun can be sold to any out of State person (providing it is legal in their home State)

So I, living in Florida could not buy a rifle in Tn, and walk out the door with it. It would have to be shipped to my FFL here in Fl??

 

[CapnMac]

I still do not understand "adjacent states"

It's Federal.

Before 1986 (I'll guess this change was associated with FOPA) long arms could be sold direct to persons in adjacent States. (Only selling FFL required)

Edit: I'm an idiot and needed more coffee so, ignore:
After 1986, an FFL in each State is required, hand gun or long arm. Which eliminates the confusion over which rule to apply.
It was the "contiguous states" requirement that was dropped.

So, what appears to have happened, as does all too often, the old (expunged) rule is remembered, and the new (in force) is unknown.

So, yes, your firearm purchase in TN would have to be sent to a FL FFL. Which would require the consent of the TN FFL. Being pedantic about it, a TN resident selling FTF would also violate the law, for selling across State lines.

 

[RickD427]

Just to clarify, when you say long guns can be transferred , that means sold to, yes?
I always think transfer means to another State/FFL, but I take it that legal wording, a transfer is actually the point of sale as well.

I think that you may be slightly off on your understanding of "Transfer." As used in the federal firearms statutes, "Transfer" is used in the context of possession. "Transfer" is complementary to "Ownership" but is not the same.

In most purchase transactions, "Ownership" and "Transfer" occur simultaneously, I buy the candy bar at the store and leave with it in my bag. But the federal statutes work differently with firearms. The language in the statutes address the "Transfer" part of the transactions, not the "Ownership" part. It's perfectly legal, under federal law, to purchase a machine gun, and to do so with no paperwork required. But a felony is committed if that machine gun is "transferred" to the purchaser.

 

[George P]

But is it a "law" ?
So someone (in my case) Fl can not buy a long gun in Tn??

Su8re you can; the contiguous state BS went away a LONG time ago; next time ask for the manager.

 

[Rule3]

It's Federal.

Before 1986 (I'll guess this change was associated with FOPA) long arms could be sold direct to persons in adjacent States. (Only selling FFL required)

After 1986, an FFL in each State is required, hand gun or long arm. Which eliminates the confusion over which rule to apply.

So, what appears to have happened, as does all too often, the old (expunged) rule is remembered, and the new (in force) is unknown.

So, yes, your firearm purchase in TN would have to be sent to a FL FFL. Which would require the consent of the TN FFL. Being pedantic about it, a TN resident selling FTF would also violate the law, for selling across State lines.

????????????
Well this is were the thread is going round and round. I do not think that a out of state resident needs to have a FFL for a rifle and have it transfer/shipped to the out of state FFL?

As I mentioned before the Federal law at least here in Florida (has no objecting law) anout of State person CAN and DO buy long guns and leave with them

https://www.atf.gov/questions-and-a...ed-person-acquire-firearm-under-gca-any-state

May an unlicensed person acquire a firearm under the GCA in any state?

Generally, a person may only acquire a firearm within the person’s own state. Exceptions include the acquisition pursuant to a lawful bequest, or an over-the-counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s state of residence and the licensee’s state of business. A person may borrow or rent a firearm in any state for temporary use for lawful sporting purposes.

[18 U.S.C 922(a)(3); 27 CFR 478.29]

Last Reviewed June 25, 2020

 

[CapnMac]

????????????

Sorry, Friday 13, 2020 garbled my mind, and I've corrected the huge blunder above.

The long arm out of state was contiguous states until 1986, then it was any other state, as long as that state allowed it.