Question about buying in other states.

[gonzo1510]

Forgive me if this has been asked.

If Bruen and Heller say that we're able to own and bear arms, why can't we buy guns from other states?

I'm not talking about ordering online and they send it to a local FFL here. I'm talking about I go next door to Nevada and buy one in person from an FFL.

I don't there's a federal law against it as I think that would violate the interstate commerce clause.

Am I wrong? Has there been a case about that?

[Librarian]

Beginner's FAQ.

Gun Control Act of 1968 gave us 18 USC 922, which prohibits sales to residents of other states, and if somehow one does get a gun, prohibits bringing it back to one's state of residence. Federal felony, up to 5 years in prison and/or $10,000 fine.

ETA If you buy at an out of state FFL, and have the gun sent to an FFL in your home state, that works Federally. But if your home state is CA, all the CA restrictions apply.

[gonzo1510]

Can we challenge 18 USC 922?

[M1NM]

I think there is a neighboring (abutting) state loophole where if both states share the same purchase requirements (fill out the fed form and leave with your gun) you can purchase in either state.

[Librarian]

Can we challenge 18 USC 922?

Pieces have been challenged.

18 USC 922 (g) is the prohibited person law; that's been in court a lot, most recently in Duarte - a summary here.

The 1990 Gun Free School Zone at 18 USC 922 (q) was challenged (US v Lopez) and ruled invalid; Congress re-passed it in 1995.

But see the code - https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&path=&req=granu leid%3AUSC-2013-title18-section922&num=0 -- LOTS of stuff there. Most has been in place since 1968 - it has a 'fan club' of long standing. See the Wikipedia article, https://en.wikipedia.org/wiki/Gun_Control_Act_of_1968, good enough for an initial understanding.

Figure about 5 years in Federal court per major provision - serially, not in parallel - and 26 major sections, might be able to get rid of it around 2150. Which I take to mean such challenge is impractical; probably needs action by Congress, which means we need a new Congress. We could have complete turnover in Congress in 6 years, if the voters would do it.

[Quiet]

I think there is a neighboring (abutting) state loophole where if both states share the same purchase requirements (fill out the fed form and leave with your gun) you can purchase in either state.

Under Federal laws...

Unless a FFL is utilized, residents of different States are prohibited from transferring firearms between themselves. [18 USC 922(a)(3),(5)]

FFL dealers are prohibited from transferring a firearm to a non-resident of their State. [18 USC 922(b)(3)]
^The only exemption to this requires all of the following:
1. The firearm is a Title 1 Rifle or a Title 1 Shotgun.
2. The transfer complies with the State laws of the FFL dealer and the non-resident.

Several States have State laws that only allows their residents to acquire a rifle or shotgun from a FFL dealer in a neighboring State without using a FFL dealer in their State and/or only allows FFL dealers in their States to transfer a rifle or shotgun to a non-resident from a neighboring State.

CA State laws requires a non-exempt CA resident to utilize a CA FFL dealer to legally import a firearm into CA. [PC 27585(a)]
Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)]

[M1NM]

Under Federal laws...

Unless a FFL is utilized, residents of different States are prohibited from transferring firearms between themselves. [18 USC 922(a)(3),(5)]

FFL dealers are prohibited from transferring a firearm to a non-resident of their State. [18 USC 922(b)(3)]
^The only exemption to this requires all of the following:
1. The firearm is a Title 1 Rifle or a Title 1 Shotgun.
2. The transfer complies with the State laws of the FFL dealer and the non-resident.

Several States have State laws that only allows their residents to acquire a rifle or shotgun from a FFL dealer in a neighboring State without using a FFL dealer in their State and/or only allows FFL dealers in their States to transfer a rifle or shotgun to a non-resident from a neighboring State.

CA State laws requires a non-exempt CA resident to utilize a CA FFL dealer to legally import a firearm into CA. [PC 27585(a)]
Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)]

Isn't that what I said? We all know it won't work in CA since our laws are the most draconian. I think it does work for purchases between NV and AZ.

[RickD427]

I think there is a neighboring (abutting) state loophole where if both states share the same purchase requirements (fill out the fed form and leave with your gun) you can purchase in either state.

There is, but it's for Rifles and Shotguns only. Please refer to 18USC922(b)(3). Many moons ago, that section only applied to adjacent states, but the "adjacent state" provision has been removed.

The key is that the transaction has to comply with the laws of both states. Since California law requires that the sale go through a California-licensed dealer, that renders it inapplicable in the case of a California resident.