Buying shotguns out of state.

If this is the wrong spot, please move it.

I’m headed to Iowa to hunt pheasants next week, and there’s a gun shop that has an over under I’ve been looking for. According to Cabela’s legal info, per md code I can legally buy the gun out of state, but does not specify whether it’s cash and carry, or if it needs to be shipped to a MD ffl. I’m going to call the shop tomorrow and ask what they know on the legally of it. I don’t have time to get it shipped here, and take it with me. Otherwise I would just do that.

Thanks for any help.

Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s State of residence and the licensee’s State of business.
[18 U.S.C 922(a)(3); 27 CFR 478.29]
Yes, From the FFL in Iowa. You must fill out the ATF 4473 and pass background check most likely by telephone.

pcfixer said:

Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s State of residence and the licensee’s State of business.
[18 U.S.C 922(a)(3); 27 CFR 478.29]
Yes, From the FFL in Iowa. You must fill out the ATF 4473 and pass background check most likely by telephone.

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Well, I’ll actually be there hunting, and want to use the gun lol.

https://www.atf.gov/firearms/firearms-frequently-asked-questions-unlicensed-persons

Q: From whom may an unlicensed person acquire a firearm under the GCA?

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]

This is what was posted above with a little bit more.
You can purchase a rifle or shotgun from any FFL in any state as long as it is a legal purchase in both states. The sale will be completed after a Background check by phone call. Should take less than 10 minutes, unless you are delayed. Delay can be due to a common name or several other things...

My experience has been that as long as the long gun you're buying is legal to sell in Maryland you're good to go...cash and carry. There might be some law in whatever state you want to purchase in which could keep it from happening...some states only allow sales to citizens of contiguous states for example.

TheOriginalMexicanBob said:

My experience has been that as long as the long gun you're buying is legal to sell in Maryland you're good to go...cash and carry. There might be some law in whatever state you want to purchase in which could keep it from happening...some states only allow sales to citizens of contiguous states for example.

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In a few cases. Also you could run in to “well we don’t know your home states gun laws”. Not like for an O/U shotgun. A lot more likely trying to buy a semi-auto rifle more than one state over from any state (IE PA FFL will probably know MD gun laws enough to be willing to sell an HBAR AR-15 or a Mini 14 or what have you to an MD resident. A NH dealer might tell you “sorry, I am not touching that can of worms”.

This is not as cut and dried as it seems...

When I saw this thread I PM'ed the OP to see how it went for him...

I had a similar question as I was heading out west for a waterfowl hunt and I was given a bunch of conflicting information. I was at a legal seminar for the U.S. LawShield and the lawyer giving the presentation, who actually practices in MD, told me point blank that I would not be allowed to purchase a new shotgun while out west. That Federal Law would not allow a MD resident to purchase directly (even in person) from a FFL in any state other than MD and it's border states, that should I purchase a shotgun in any other state it would need to be sent to a MD FFL for me to legal receive it.

I saw this thread and it seemed the lawyer was incorrect based on code referenced. I called U.S. LawShield, (I purchased their protection) part of the service is being allowed to ask for such questions to an attorney directly. I spoke with their attorney and he told me what I was told at their seminar was incorrect, and he assured me that he would contact the lawyer who gave me the incorrect information and ensure it did not happen again.

I called Cabella's in Omaha, Nebraska to see if they had the gun I wanted, they did, and since I had them on the phone I asked if there were any issues selling me a shotgun as a MD resident. I spoke with their person who deals with all the checks etc.. she said its not an issue and would be a cash and carry purchase (as long as I passed the background check).

When I got out there - I went to another store (Scheel's) to see what was available and they had the same gun so I asked about purchasing it as a MD resident and the manager told me absolutely not. I asked if it was company policy or another reason. He told me its a violation of federal law for him to sell it to me directly - his answer was almost identical to what the MD lawyer told me. I told him that Cabella's would sell me the same gun with no issue. I had to emphasize I was not trying to challenge them or their policy and only wanted to be educated on the process. The manager told me that Cabella's could sell to me because they have a store in MD or a bordering state and they do not.

I went to Cabella's and made the purchase with no issues.

I'm calling U.S. LawShield today to double check the law - not that it matters I already bought the gun.. But the conflicting information is crazy...

Listen to better lawyers.

unfortunately it's easier to just say 'no' to your out-of-state purchase than to read and understand the myriad of laws.

my understanding is the bordering state restrictions went away a while back.

surprised that a store chain the size of Scheel's would give you bad info and refuse the sale. i've been to their reno store multiple times and it is completely awesome, better than any cabelas, basspro, etc i've been in.

davsco said:

my understanding is the bordering state restrictions went away a while back.

Click to expand...

correct

The Bordering State Thing was part of GCA '68 . Was superseded by FOPA in '86 .

FWIW 3 years back I was killing time while the lady shopped, playing with all the guns in the used racks on the floor in the Gun Room at the original LL Bean in Freeport, ME. Talking to the salesman he told me I was good to go for a long gun purchase. I didn’t buy anything but apparently I could’ve. I’ve bought out of state before but it was always PA, VA, & DE. ME says I’m good to go, so I’m guessing you’re safe unless that particular state has a rule against it. My $.02.

Biggfoot44 said:

The Bordering State Thing was part of GCA '68 . Was superseded by FOPA in '86 .

Click to expand...

Some states, had enabling legislation for the provisions of GCA 68 that ONLY allowed purchases in adjacent states. Most states ALLOWED adjacent states, but did not restrict it them.

So depending on which state you live, and whether they have changed their law, it may be legal or illegal for you to purchase in any other state.