Can I drive to Nevada and buy a machine gun?

[oaklander]

Before you laugh - please realize that there appears to be some support for the notion that you can do this, as long as you abide by NFA rules and the GCA, and keep the rifle in Nevada.

Please see:

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

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]

http://www.atf.treas.gov/firearms/faq/faq2.htm#b2

Thoughts??? Has anyone done this???

[sorensen440]

if its not a legal gun here you cant buy it there


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

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]

[Theseus]

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

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]

If you reside in California, where it is illegal to buy a machine gun it seems clear to me that you can not but a machine gun in Nevada.

DOH!! You beat me!

[Surfdog]

.....and the State where the purchaser resides.

Would the fact that the purchaser lives in a state where we can't own a machine gun be the deal breaker, or is there something about that I am missing.

[AYEAREFIFTEEN]

If only we could find a FFL in a qualifying state that is willing to play ball. I thought I read somewhere that the machine gun has to be stored at your place of residence with multiple restrictions on traveling with said machine gun. If you didn't own a place, say in Nevada, could you legally leave the machine gun with a family member or friend? Perhaps some sort of trust with multiple owners? I guess you can always buy a condo in Vegas. Probably cheaper than the machine gun.

ETA: I guess if you owned a condo in Nevada you could be considered a seasonal resident and bypass this entirely.

[VegasND]

No, but feel free to come to Nevada and buy ME a machine gun! I'll be happy to let you shoot it whenever you wish.

[CSACANNONEER]

It's not illegal to buy a machine gun in Ca. It's just impossible to get the proper authorization. But technically, it's legal here.

[JeffM]

.....and the State where the purchaser resides.

Would the fact that the purchaser lives in a state where we can't own a machine gun be the deal breaker, or is there something about that I am missing.

If there is a law on the books saying that one cannot own a machine gun in another state, then yes. I don't know of any CA law that states you cannot own one in NV.

DO IT!

[oaklander]

I think that particular federal law applies only if you intend to bring the gun back into California.

Please explain to me how California law can prevent me from buying a gun in another state, if I comply with all federal laws and never bring the gun into California.

If you reside in California, where it is illegal to buy a machine gun it seems clear to me that you can not but a machine gun in Nevada.

DOH!! You beat me!

[Sampachi]

I think you could incorporate in Nevada. Register the MG to the corporation and then, if you had property or a business in Nevada, legally store it there.

[6172crew]

Before moving to NV I asked the same question and was told by my 03 FFL that she would do the paperwork if I wanted to try.

If I move back to CA I will keep my class 3 toys and store them at the 24/7 safety deposit place...the parts will all fit into a shoe box...the ones that count anyways.

First thing I would do is talk with the Carson City Sheriff, he is very gun friendly and works with the NRA big time. Second thing would be to talk with the ATF about your plans and ask them if they would give the stamp if CCSD signed off on it and third Id have all the laws in writting so your not wasting the LEOs time.

I think it can be done. BTW not all LE sign offs are easy in NV but I have found the CCSD will sign mine in 48 hours or so, compare that to Lion or Renos time of weeks if not months.

If your looking to talk with my class 3 person give me a PM...just make sure you have a strong case so you can pave the way for the rest of CalGuns.

[Librarian]

I think that particular federal law applies only if you intend to bring the gun back into California.

Please explain to me how California law can prevent me from buying a gun in another state, if I comply with all federal laws and never bring the gun into California.

I believe 18 USC 922 (a)(3), (a)(5) and (b)(3) combine to say that non-licensed individuals cannot bring anything across state lines and neither licensed individuals nor non-licensed individuals may deliver a gun to someone who lives in another state.

So, if you comply with all Federal laws, you can't get one.

[6172crew]

I believe 18 USC 922 (a)(3), (a)(5) and (b)(3) combine to say that non-licensed individuals cannot bring anything across state lines and neither licensed individuals nor non-licensed individuals may deliver a gun to someone who lives in another state.

So, if you comply with all Federal laws, you can't get one.

Id say if you had a duel residence you could stay within the law. One thing that happens when you start your paperwork you hae to give them your license and then when the stamp shows up you have to give it up again to do the same form you would fill out for any fireamr but there is no background check done at this time because you have alreeady done one with the BATFE.

Id start out with a Tac65 can first...thy only cost $250 plus the stamp.

[Glock22Fan]

Hey, Oaklander, perhaps you should be paying us a legal retainer so we can be answering these questions for you?

(Only joking, it's a complex subject all right).

[heavyrecoil]

Interesting idea. If it's something you're seriously thinking about, this sounds very much like something to discuss with an attorney that is knowledgeable about firearms-related issues/laws, rather than with us knuckleheads out here on the Internet.