visting FL from IL can I buy firearms there?

[telli97]

I'm visiting FL (Orlando) in the next 3 weeks. I'm driving there with my family.
I live in IL and have a valid FOID card. Am I allowed to buy firearms in FL and transport them back to IL? When I mean transport, I mean drive home with me in my vehicle (un loaded of course).

Advise and thanks.

JP

 

[JoeMal]

I don't see why this would be a problem, but I'm no legal expert.

 

[earlthegoat2]

No that will not fly.

You can buy it but it will have to be shipped to IL to an FFL dealer. Same deal as GunBroker only you buy it in person.

You cannot buy handguns over state lines without an FFL. You can buy long guns only in states touching your own. No go for a FL IL transaction.

 

[Sam1911]

By federal law you can buy rifles and shotguns from a dealer in any other state as long as the laws of both states are followed. (Meaning, if a gun is illegal in your state, you can't purchase it in another state, or if there are waiting periods in your state, you must follow those same protocols with the out-of-state dealer, etc.) Handguns must be purchased through, or transferred through, a dealer in your state of residence.

Finding a dealer who will sell to an out-of-stater (especially from a known "difficult" state like IL) could be a problem, but that's entirely up to the dealer. They don't HAVE to sell you anything if they don't want to.

 

[Sam1911]

You can buy long guns only in states touching your own. No go for a FL IL transaction

That actually has not been the case since the FOPA act in 1986. It was part of GCA '68, but went away 18 years later.

 

[DonP]

No go on the buy and drive question. It's illegal.

You can buy a gun in FL, but then it must be shipped "FFL to FFL" to an Illinois FFL. Add the cost of shipping and a transfer fee, (usually from $25 to $50 or so) from the Illinois FFL for the service) and $35 or so for the shipping (FedEx).

The one or three day waiting period starts when the Illinois FFL receives the gun.

 

[JoeMal]

LOL I should have kept my mouth shut. I'm still learning

 

[earlthegoat2]

That actually has not been the case since the FOPA act in 1986. It was part of GCA '68, but went away 18 years later.

Are you saying you cannot buy a long gun in a contiguous state or are you saying you can buy a long gun in a non contiguous state?

I am going by what is printed directly on a 4473.

 

[telli97]

Thanks everyone. I appreciate the quick replies...

 

[Sam1911]

No go on the buy and drive question. It's illegal.

I've been looking for IL state law that says this, can you cite it for us?

Again, according to federal law, as long as the laws of IL were followed (FOID, 24/72 hr. waiting period, etc.) this would be legal. (Though a bit of hassle for the seller in FL who isn't used to dealing with waiting periods.)

However, if IL says that it is not legal to purchase out-of-state, then it is illegal. I just haven't found that language yet.

 

[Sam1911]

Are you saying you cannot buy a long gun in a contiguous state or are you saying you can buy a long gun in a non contiguous state?

You CAN buy a long gun, from a dealer, in any state in the union, providing all laws of your home state and that of the dealer are followed.

Here's the ATF's FAQ on that, incliding the federal code citation:

Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire 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. 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) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

 

[earlthegoat2]

Roger that.

Most likely the FFL in FL would want to ship it though so they would not have to undergo the hassle right?

 

[Sam1911]

I'd be curious about how the FFL would handle that as well. There's lots of stories of how some of the big box stores (Dick's, etc.) won't bother to make a sale like that, or of how some Mom-&-Pop place didn't know the rules and wouldn't go through with it. And there seem to be just as many stories of how big multi-state stores (Bass Pro, Cabelas, etc.) do know the laws and will play -- and also how good, professional small FFLs will, too.

In the end, it will be wholly up to the FFL he deals with.

(Unless IL law really does completely forbid it.)

 

[Guns and more]

Again, according to federal law, as long as the laws of IL were followed (FOID, 24/72 hr. waiting period, etc.) this would be legal. (Though a bit of hassle for the seller in FL who isn't used to dealing with waiting periods.)

Florida has waiting periods unless you have a ccw.

 

[Sam1911]

Ahhh, yup. Good point. Should have said, "though a bit of a hassle for the seller in FL who isn't used to dealing with IL's specific waiting periods."

 

[kanook]

Florida has waiting periods unless you have a ccw.

Depends on which county your in. Handguns, yes.........Long guns, depends on county.

 

[dogtown tom]

earlthegoat2: ...I am going by what is printed directly on a 4473.

How old is that Form 4473?

There is nothing on the current 4473 regarding contiguous state vs non contiguous states.

 

[brboyer]

I'd be curious about how the FFL would handle that as well. There's lots of stories of how some of the big box stores (Dick's, etc.) won't bother to make a sale like that, or of how some Mom-&-Pop place didn't know the rules and wouldn't go through with it. And there seem to be just as many stories of how big multi-state stores (Bass Pro, Cabelas, etc.) do know the laws and will play -- and also how good, professional small FFLs will, too.

In the end, it will be wholly up to the FFL he deals with.

(Unless IL law really does completely forbid it.)

Walmart used to have a US map that highlighted which state's residents can purchase long guns in Florida. Not sure if they still do.
If they do that for every state, that is a bunch of work to keep up with each state's laws!

No sure how many, if any, smaller gunshops are willing to assume that much liability.