Legislative Antics in ND

[Nickotym]

The ND legislature has a bill going through right now that will make it illegal for us to buy long guns in contiguous states. This is HB1505. It will repeal the following code:

62.1-02-12. Resident may purchase rifle or shotgun in contiguous state
Application--Definitions. It is lawful for a person residing in this state, including a
corporation, a limited liability company, or other business entity maintaining a place of
business in this state, to purchase or otherwise obtain a rifle or shotgun in a state
contiguous to this state, and to receive or transport that rifle or shotgun into this state.
This section does not apply nor may it be construed to affect in any way the purchase,
receipt, or transportation of rifles and shotguns by federally licensed firearms
manufacturers, importers, dealers, or collectors. As used in this section, all terms have the
meaning prescribed in the Gun Control Act of 1968 [Pub. L. 90-618; > 18 U.S.C. 921] and
the regulations promulgated thereunder as enacted or promulgated on July 1, 1985.

Please call your ND legislators asking them to oppose this as it will limit our freedom to purchase long guns from neighboring states.

 

[PATH]

Sounds like time to start working the phones and get the e-mails out.

 

[Firethorn]

To be honest, when I read this, I have to ask what part of the ND code makes it illegal to purchase a firearm out of state?

If it's not illegal anyways, what effect does having a section of code declaring it legal have?

 

[Nickotym]

My understanding was that unless your state explicitly makes it legal, BATFE regulations make it illegal. Am I wrong in this?

Here is what BATFE says about this at http://www.atf.gov/firearms/faq/faq2.htm#b3

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]


A person may only buy a firearm within the person's own state, except that he or she may buy a rifle or shotgun, in person, at a licensee's premises in any state, provided the sale complies with state laws applicable in the state of sale and the state where the purchaser resides. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]



(B3) May an unlicensed person obtain a firearm from an out-of-state source if the person arranges to obtain the firearm through a licensed dealer in the
purchaser's own state? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's state of residence for the purchaser to obtain the firearm from the dealer. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]


Would the bolded part allow sales if state law does not prohibit them?

 

[Aguila Blanca]

To see something like this coming from North Dakota is a shock. I thought that North Dakota was part of the free world. It was, in fact, on my list of places under consideration for relocation.

Apparently I held some erroneous preconceptions.

 

[IronLance]

If you read the first post a bit closer, the ND code stated above specifically allows people to buy a long gun in an adjoining state. If the new bill passes, it will repeal that code.

In other words, the politicians in current power are trying to make their citizens buy from in-state only, whether dealer or private sale.