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buy firearm in another state and bring home

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  • edgerly779
    CGN/CGSSA Contributor
    CGN Contributor
    • Aug 2009
    • 19871

    buy firearm in another state and bring home

    Apparently this si legal b4etween other states. Buddy went elk hunting in montana and stopped at ffl in Idaho and he and a buddy bought a rifle and shotgun. filled out 4473 with their state address. One is from AZ and one from Utah.
  • #2
    jwkincal
    Senior Member
    • Apr 2011
    • 1620

    It is for long guns in most of Free America.
    Get the hell off the beach. Get up and get moving. Follow Me! --Aubrey Newman, Col, 24th INF; at the Battle of Leyte

    Certainty of death... small chance of success... what are we waiting for? --Gimli, son of Gloin; on attacking the vast army of Mordor

    Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God!
    I know not what course others may take; but as for me, give me liberty or give me death!
    --Patrick Henry; Virginia, 1775

    Comment

    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30241

      Originally posted by edgerly779
      Apparently this si legal b4etween other states. Buddy went elk hunting in montana and stopped at ffl in Idaho and he and a buddy bought a rifle and shotgun. filled out 4473 with their state address. One is from AZ and one from Utah.
      Since 1968...

      Federal laws have prohibited the transfer of firearms between residents of different States without the use of a FFL. [18 USC 922(a)(3),(5)]

      Federal laws have prohibited a FFL from transferring a firearm to a non-resident of their State. [18 USC 922(b)(3)]
      Federal laws provide an exemption to this as long as the transfer is for a Title 1 Rifle or Title 1 Shotgun and the transfer complies with all Federal laws and the State laws of both the FFL and the non-resident. [18 USC 922(b)(3)(A)]

      The State laws of ID, AZ, and UT allows a ID FFL dealer to legally transfer a rifle or shotgun to an AZ resident and a UT resident.

      Because the Federal laws requires the transfer to be done in compliance of the State laws of the FFL and non-resident, this prevents a non-CA FFL dealer from legally transferring a firearm to a non-FFL CA resident.
      ^This is due to the State laws of CA requiring the use of a CA FFL dealer for the transfer of firearms.


      Before 2011, NV laws only allowed a NV resident, that is outside of Nevada, to legally acquire a rifle or shotgun from an AZ FFL dealer, ID FFL dealer, OR FFL dealer, or UT FFL dealer.
      ^These NV laws were repealed on 01-01-2011. Which allowed NV residents while outside of Nevada to legally acquire a rifle or shotgun from any State FFL dealer, as long as the transfer complies with all Federal laws and the State laws of the FFL dealer.
      Last edited by Quiet; 11-14-2023, 4:04 PM.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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      • #4
        FourT6and2
        Senior Member
        • Dec 2012
        • 1928

        In more clear terms: Federal law states that the purchase must be in compliance with all laws of the purchaser's home state. So if your home state allows cash+carry (and the purchasing state does too), you're good to go. CA does not allow it.

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        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30241

          Originally posted by FourT6and2
          In more clear terms: Federal law states that the purchase must be in compliance with all laws of the purchaser's home state. So if your home state allows cash+carry (and the purchasing state does too), you're good to go. CA does not allow it.
          If the transferee is not a FFL, then...

          Federal laws requires the transfer to be done through a FFL. [18 USC 922(a)(3),(5)]

          Federal laws only allows the transfers of Title 1 Rifle or Title 1 Shotgun that are done through an out-of-state FFL. [18 USC 922(b)(3)]

          Federal laws requires the transfer of a Title 1 Handgun, Title 1 Other, and all Title 2 firearms to be done through a FFL in the transferee's State of residence. [18 USC 922(b)(3)]


          IF non-FFLs from different States transfer firearms between themselves, via cash & carry because it is legal in their State of residence, then everyone involved with the transfer are in violation of Federal laws. [18 USC 922(a)(3),(5)]
          ^Federal felonies for the transferor and transferee. [18 USC 924(a)(1)(D)]
          sigpic

          "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

          Comment

          • #6
            SVT-40
            I need a LIFE!!
            • Jan 2008
            • 12894

            Get a C&R FFL and you can buy C&R firearms including pistols in other states and bring them home to California...
            Poke'm with a stick!


            Originally posted by fiddletown
            What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

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            • #7
              FourT6and2
              Senior Member
              • Dec 2012
              • 1928

              Originally posted by Quiet
              If the transferee is not a FFL, then...

              Federal laws requires the transfer to be done through a FFL. [18 USC 922(a)(3),(5)]

              Federal laws only allows the transfers of Title 1 Rifle or Title 1 Shotgun that are done through an out-of-state FFL. [18 USC 922(b)(3)]

              Federal laws requires the transfer of a Title 1 Handgun, Title 1 Other, and all Title 2 firearms to be done through a FFL in the transferee's State of residence. [18 USC 922(b)(3)]


              IF non-FFLs from different States transfer firearms between themselves, via cash & carry because it is legal in their State of residence, then everyone involved with the transfer are in violation of Federal laws. [18 USC 922(a)(3),(5)]
              ^Federal felonies for the transferor and transferee. [18 USC 924(a)(1)(D)]
              We aren't talking about handguns here. And yes, through an FFL. Federal law permits rifles or shotguns (not handguns) to be sold to non-resident buyers from other states. And the purchaser can take physical possession, but the laws in purchaser's state of residence must still be followed. Federal law allows it. California law does not. It's legal in some other states.
              Last edited by FourT6and2; 11-15-2023, 12:41 AM.

              Comment

              • #8
                baih777
                CGN/CGSSA Contributor
                CGN Contributor
                • Jul 2011
                • 5680

                Originally posted by edgerly779
                Apparently this si legal b4etween other states. Buddy went elk hunting in montana and stopped at ffl in Idaho and he and a buddy bought a rifle and shotgun. filled out 4473 with their state address. One is from AZ and one from Utah.
                Delete your post !!
                Been gone too long. It's been 15 to 20 years since i had to shelf my guns. Those early years sucked.
                I really miss the good old Pomona Gun Shows.
                I'm Back.

                Comment

                • #9
                  edgerly779
                  CGN/CGSSA Contributor
                  CGN Contributor
                  • Aug 2009
                  • 19871

                  Why should I delete my post? Their transactions were legal. Are you paranoid about this.

                  Comment

                  • #10
                    arrix
                    Veteran Member
                    • May 2012
                    • 3922

                    Federal laws are unconstitutional!
                    There is no week nor day nor hour, when tyranny may not enter upon this country, if the people lose their supreme confidence in themselves -- and lose their roughness and spirit of defiance -- Tyranny may always enter -- there is no charm, no bar against it -- the only bar against it is a large resolute breed of men.

                    -Walt Whitman

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                    • #11
                      Warbonnet
                      Veteran Member
                      • Oct 2022
                      • 3322

                      Laws are made to be broken.

                      Comment

                      • #12
                        bigbossman
                        I need a LIFE!!
                        • Dec 2012
                        • 11080

                        Living in ID, Hunting in WY, I found a nice rifle on consignment. Did the 5 minute NICS check, paid and walked out with it.
                        Always looking for vintage Winchester and Marlin lever action rifles. Looking to sell? Know of one for sale? Drop me a line!

                        "Give a conservative a pile of bricks and you get a beautiful city. Give a leftist a city and you get a pile of bricks."

                        Comment

                        • #13
                          RickD427
                          CGN/CGSSA Contributor - Lifetime
                          CGN Contributor - Lifetime
                          • Jan 2007
                          • 9264

                          Transactions under 18USC922(b)(3) have been legal for for as far back as I can remember. They used to be restricted to adjoining states, but the adjoining state limitation was removed years ago.

                          But the law only permits the transfer of non-NFA Rifles and Shotguns. It doesn't work for handguns and receivers.

                          The main rub is that the state laws of both states have to be followed. Since California has a requirement for private firearms sales to be handled through a dealer, and for the completion of a California DROS, it's not possible for a California resident to make an out-of-state purchase under 18USC922(b)(3).
                          If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

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                          • #14
                            M1NM
                            Calguns Addict
                            • Oct 2011
                            • 7966

                            To make this simple for CA residents.
                            You can buy a CA legal gun from anyone in any state. In person via the internet, etc.
                            To take possession the seller will need to deliver it to an FFL in CA who will complete the transfer to you in accordance with draconian CA gun laws.

                            Yes your buddy can sell you his CA legal gun while he's visiting. You guys just go to the FFL and do the paperwork. However since he's not a CA resident it's not a PPT and the dealer must receive it into his bound book and then transfer it out to you. He can charge whatever he wants for this service. $50-150 seems the norm.
                            Last edited by M1NM; 11-15-2023, 11:47 AM.

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                            • #15
                              BigPimping
                              CGN Contributor
                              • Feb 2010
                              • 21441

                              All gun laws are illegal.
                              sigpic

                              PIMP stands for Positive Intellectual Motivated Person

                              When pimping begins, friendship ends.

                              Don't let your history be a mystery

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