Whatis the Law?

[aklon]

I have a guy telling me anyone can go into any gun store in the country and buy a firearm as long as you're an American citizen; he does it all the time.

I called BS on this, but can a FFL holder do just that?

[Quiet]

I have a guy telling me anyone can go into any gun store in the country and buy a firearm as long as you're an American citizen; he does it all the time.

I called BS on this, but can a FFL holder do just that?

For the last 50 years...

Federal laws have prohibited the transfer of firearms between residents of different States, unless a FFL it utilized. [18 USC 922(a)(3)&(5)]

Federal laws have prohibited a FFL from transferring a firearm to a non-resident, unless the firearm is a Title 1 Rifle or a Title 1 Shotgun and the transfer complies with the State laws of the FFL and the non-resident. [18 USC 922(b)(3)]

CA laws requires a CA resident to utilize a CA FFL dealer to legally acquire [PC 27545] or import a firearm into CA [PC 27585(a)].

Therefore...

Since CA laws requires CA residents to utilize a CA FFL dealer, Federal laws requires FFL dealers in other States to transfer firearms to CA residents through a CA FFL dealer. [18 USC 922(b)(3)]

[aklon]

<snip>
Federal laws have prohibited a FFL from transferring a firearm to a non-resident, unless the firearm is a Title 1 Rifle or a Title 1 Shotgun and the transfer complies with the State laws of the FFL and the non-resident. [18 USC 922(b)(3)]

So if he's not a resident of California, he can walk into any gun store in the nation and buy a bolt action rifle?

[kcheung2]

Technically it's true but misleading, just like I can "buy" a gun without actually ever having to step foot into a gun store. Go online, click Buy It Now, and as soon as I submit my card info, I can truthfully say "hey everybody, I bought a gun!"

However, to buy something is not necessarily the same as taking delivery. I can "buy" a gun from a shop in Iowa (or even a random private seller in Iowa), but I can't take delivery of it without going through a local FFL & all the associated forms & fees.

[Librarian]

So if he's not a resident of California, he can walk into any gun store in the nation and buy a bolt action rifle?

Don't know if CA is the only one with silly laws, but absent such state laws, yes, a citizen of one state may buy a long gun at an FFL in a different state.

[aklon]

Don't know if CA is the only one with silly laws, but absent such state laws, yes, a citizen of one state may buy a long gun at an FFL in a different state.

Thanks to all. It's a horrid thought: the hand around your throat does not ease up even in another state.