Out of state hand gun sales

[acmax95]

I was at one of my local gun stores today and saw a guy trying to buy a handgun. The store is in KY and the guy was from TN. Once they found out he was out of state they stopped the sale. The lady behind the counter said it was a federal law that prevented her from selling him the gun.

Is it a federal law or a state law? She said he could pay for it at the store and they would ship to a FFL in TN. What is the difference in the KY FFL and the TN FFL?

 

[stickhauler]

It's a Federal law on handguns. A resident of Tennessee can buy a long gun in Kentucky and carry it home with them, not a handgun. Unless the buyer has a C & R license and the handgun is on the list of C & R guns, and that particular shop recognizes the license.

 

[plunge]

basically a really dumb law that only affects people while traveling or living in border counties. IMO

 

[Frank Ettin]

basically a really dumb law that only affects people while traveling or living in border counties.

Dumb or not, it's the law. It comes up here quite a bit -- sometimes in connection with gifts or private party transactions.

In any case --

[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL.

[2] In the case of handguns, it must be an FFL in the transferee's State of residence.

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer is in compliance with the laws of the State in which it takes place; and (3) the transfer complied with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

 

[Josh45]

Stickhauler pretty much summed it up & so did FiddleTown.

A person can only buy handgun from which they are a resident in. How ever, That doesn't apply to long guns in some states.

Yes, You can buy a handgun anywhere you like, BUT you must have it sent to your state of residence in order to actually obtain it.

Like BudsGunShop is in KY, Im in GA. I can buy it from there but it must be sent to a FFL here for me to actually get it. Hope that made sense...

 

[NavyLCDR]

Is it a federal law or a state law?

Federal.

http://uscode.house.gov/download/pls/18C44.txt

18 USC 922 (b)(3):

18 USC Sec. 922
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
Sec. 922. Unlawful acts

(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a
place of business in) the State in which the licensee's place of
business is located, except that this paragraph (A) shall not
apply to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the licensee's
place of business is located if the transferee meets in person
with the transferor to accomplish the transfer, and the sale,
delivery, and receipt fully comply with the legal conditions of
sale in both such States (and any licensed manufacturer, importer
or dealer shall be presumed, for purposes of this subparagraph,
in the absence of evidence to the contrary, to have had actual
knowledge of the State laws and published ordinances of both
States), and (B) shall not apply to the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

 

[acmax95]

Thanks, guys.

Cleared that up for me.