Buying a rifle (not restricted) out of state...

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  • Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Under methinks is the GCA of '68, any gun sale across state lines needs an FFL and the gun must be legal in both states.

    Yes. But GCA 68 only allowed purchases in states adjacent to the state of residence for long guns.

    FOPA 86 modified that to allow purchase in ANY state for long guns.

    For handguns, GCA 68 requires that the purchase go through an FFL in the buyer's state of residence.

    And yes, firearm must be legal in both the state of sale and the state of residence of the buyer.
     

    GeorgeSSR

    Active Member
    Jan 31, 2009
    196
    Yes. But GCA 68 only allowed purchases in states adjacent to the state of residence for long guns.

    FOPA 86 modified that to allow purchase in ANY state for long guns.

    For handguns, GCA 68 requires that the purchase go through an FFL in the buyer's state of residence.

    And yes, firearm must be legal in both the state of sale and the state of residence of the buyer.

    Mance vs. Holder is challenging the pistol part. Last I head they won in district court, but of course was appealed and is now in 5th Circuit Appeals. Hope for change?
     

    tjr

    Member
    Nov 12, 2012
    30
    If that 10/22 comes with a bx25, forget about it. Cabelas won't sell it to you.
     

    Tnt9506

    Active Member
    Feb 27, 2016
    142
    Poolesville
    Buying it with the rifle would deem it illegal in the state of MD. The rifle has to be legal in both states for him to purchase. He could just turn around and purchase the bx25 separately.

    Sent from my SM-G900V using Tapatalk
     

    Tomcat

    Formerly Known As HITWTOM
    May 7, 2012
    5,574
    St.Mary's County
    You tell person behind the counter you want to buy the gun and you are from md. If the person knows the law.. he/she have you fill out fed nics form.. wait few minutes (if not delayed), pay once you clear nics check.. and on your way home back to md.

    Friend told me that the BassPro shop in Virginia wouldn't sell him a shotgun because he was from Maryland.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    It is up to the FFL.

    Cabela's will not sell you a rifle with a standard cap mag, even though they will sell you the same mag.

    And I have heard that they will not remove the mag and sell you the rifle without it.
     

    tjr

    Member
    Nov 12, 2012
    30
    Correct, not that it's against the law, it's just their policy. They also refuse to separate the mags from the rifle. I just went through this in Hamburg on a cmr30. Big waste of time. The salesman didn't like it anymore than I did, as he lost a sure sale on his overpriced rifle.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    If that 10/22 comes with a bx25, forget about it. Cabelas won't sell it to you.
    Yeah they have now put it in their written policy. What is going on is the increasing regulations are resulting in retailers going the most conservative route. Perhaps in the case of mags some retailers are avoiding anything in the transaction such as SKU number of the package which may indicate, even incorrectly that the firearm sold to a resident of a different state had the wrong magazines.

    I'm in DC and our FFL will transfer a firearm with no magazines. On a recent pistol purchase shipped to the DC FFL since the listed product had two 15 rounders I told the seller to keep the mags for which he gave me a discount, but then the FFL would not transfer to me even though there is nothing whatsoever illegal. Makes me wonder what he would do in the case of a DC legal lower only.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    Yes. But GCA 68 only allowed purchases in states adjacent to the state of residence for long guns.

    FOPA 86 modified that to allow purchase in ANY state for long guns.

    I'm in DC and Hamburg PA cabelas which I drive past twice a month wont sell me a DC legal shotgun without shipping to DC FFL ($125 more) but the Virginia Cabalas will sell it to me!
     

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