The specific instance I'm thinking of is WA state - where private firearms sales must go through a dealer. I'm not interested in pulling a fast one or violating any laws, I'm just curious how this works:
This appears to regulate transfers within the state of WA. Which would make sense that WA does not have to power to prosecute actions taken outside its borders.
From the ATF website:
I realize that is just a synopsis, but the Federal laws regarding unlicensed individuals appear to be based on the legal residence status of the individuals transferring, rather than the location at the time of transfer.
This would appear to create a situation where two WA residents could make a FTF transfer without a background check, as long as the sale does not happen within the borders of WA.
Again, I don't ask because I want to screw with the law - I live 3 hours from any state border. But as far as a state's ability to regulate commerce beyond its borders go, would two residents from Spokane who met in Idaho to make a FTF sale actually be violating either WA or Federal law, since the sale is outside WA borders but between residents of the same state?
Related to this would be something like a CA resident buying an AR15 from a FFL in WY to keep in his WY cabin, or temporary sporting loans outside WA borders by a WA resident. Do states have any say in the Federally legal possession of firearms when its citizens are in other states?
RCW 9.41.113
Firearm sales or transfers—Background checks—Requirements—Exceptions.
(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law. The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.
This appears to regulate transfers within the state of WA. Which would make sense that WA does not have to power to prosecute actions taken outside its borders.
From the ATF website:
In regard to transferring firearms between individuals residing in the same state, any person may sell a firearm to an unlicensed resident of the State where he resides as long as he or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Please note that there may be State and local laws that regulate firearm transactions.
I realize that is just a synopsis, but the Federal laws regarding unlicensed individuals appear to be based on the legal residence status of the individuals transferring, rather than the location at the time of transfer.
This would appear to create a situation where two WA residents could make a FTF transfer without a background check, as long as the sale does not happen within the borders of WA.
Again, I don't ask because I want to screw with the law - I live 3 hours from any state border. But as far as a state's ability to regulate commerce beyond its borders go, would two residents from Spokane who met in Idaho to make a FTF sale actually be violating either WA or Federal law, since the sale is outside WA borders but between residents of the same state?
Related to this would be something like a CA resident buying an AR15 from a FFL in WY to keep in his WY cabin, or temporary sporting loans outside WA borders by a WA resident. Do states have any say in the Federally legal possession of firearms when its citizens are in other states?