CONTIGUOUS STATE – PART 2
In an article that appeared in the December 2002 edition of the FFL Newsletter, we advised FFLs that the “contiguous state” provisions of the Gun Control Act were amended in 1986, and that the GCA allows dealers to sell or dispose of a long gun to a resident of another state provided, (1) the purchaser was not otherwise prohibited from receiving or possessing a firearm under the GCA, and ( 2) the sale, delivery and receipt fully comply with the legal conditions of sale in the buyer’s and seller’s States.
The condition of sale relating to compliance with the applicable laws of both States cited above continues to cause confusion among dealers, particularly among those dealers who conduct business in a State whose laws presently contain language that allows “contiguous state” sales.
Historically, prior to the 1986 amendments to the GCA, many States enacted provisions in their laws that allowed their residents to acquire a long gun in a contiguous State. For the most part, these State law provisions were modeled after the contiguous state provisions of the GCA. However, even though the GCA was amended in 1986 to allow the sale of long guns to residents of any State pursuant to the conditions cited above, many States have not yet amended their laws to reflect similar language. ATF takes the position that if the laws of a given State allow its residents to acquire a long gun in a contiguous State, those laws also allow its residents to acquire a long gun in any other State where the laws of that State permit such transactions, unless the language contained in that State’s law expressly prohibits it residents from acquiring a firearm outside that State. Questions regarding particular State law provisions should be referred to your local ATF office.