storminnorman310
Member
- Dec 22, 2014
- 5
I have a question for everyone here. Can someone tell me if I can sell my Ruger 10/22 or shotgun to someone from PA, DE, WV, or VA as a face to face transaction?
Out of State long Guns
- Thread starter storminnorman310
- Start date
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As far as I know, no you can't - I'm pretty sure all interstate firearms sales, long gun or handgun, have to go through an FFL. IANAL.
Isaakb
Active Member
Just to piggy back. Can a customer purchase a long gun from outside their state of residence from an FFL? I thought federal law covered hand guns but did not apply to long guns for interstate purchase.
Yes, you can go to another state and buy a rifle that is legal for you to own in Maryland.
ETA: from an FFL
ETA: from an FFL
Last edited:
From an FFL.
Thank you, left that off and that is the most important legal aspect. I regard it as so obvious that I did not include it, but yes, it is the key to a legal purchase.
Plus, it must be from an FFL AT HIS LICENSED PREMISES.
And, such sale must permitted by the law in both states.
EDIT: An FFL may sell firearms at a gun show WITHIN HIS OWN STATE, as ATF considers guns shows in his state to be an extension of his premises.
No, you cannot go to PA & buy a long gun from a farmer or any other non-licensee, FTF or mail order; the farmer would have to ship/drive the long gun to your dealer.
One exception: A C&R licensee can transfer a C&R long gun to a non-licensed resident of another state, if transfer is made at the licensee's home, & such transfer is legal in both states.
And, such sale must permitted by the law in both states.
EDIT: An FFL may sell firearms at a gun show WITHIN HIS OWN STATE, as ATF considers guns shows in his state to be an extension of his premises.
No, you cannot go to PA & buy a long gun from a farmer or any other non-licensee, FTF or mail order; the farmer would have to ship/drive the long gun to your dealer.
One exception: A C&R licensee can transfer a C&R long gun to a non-licensed resident of another state, if transfer is made at the licensee's home, & such transfer is legal in both states.
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Isaakb
Active Member
Wouldn't this exclude gun shows unless the FFL was licensed for the physical premises of the show that weekend?
EMS Burnout
Member
What, I'm confused. Federal law prohibits interstate sales of handguns unless it is through an FFL. Federal law does not regulate the intestate sale of long guns.
EMS Burnout
Member
1968 Safe Streets Act, prohibited transfers of HANDGUNS from state to state unless the two entities were federally licensed. It does not prohibit transfer of long guns. So unless the law was changed recently or I'm reading it wrong you can go to PA and buy a farmers (or whoever's) long gun (as long as it is not prohibited in MD) face to face.
kalister1
R.I.P.
https://www.atf.gov/questions-and-a...ed-person-acquire-firearm-under-gca-any-state
Generally, a person may only acquire a firearm within the person’s own State. 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. 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); 27 CFR 478.29]
Generally, a person may only acquire a firearm within the person’s own State. 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. 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); 27 CFR 478.29]
Isaakb
Active Member
I will say that a lot of retailers in other states will not sell to residents of an other state as a matter of policy. It might be legal for them to make the sale, but it's a lot less confusing if they just don't do it. It keeps it simple.
DoNoHarm
by action or inaction
I bought a 22 rifle a few years ago at a Cabela's in WV, my understanding was that long guns could be purchased from/at FFL's in neighboring states only?
KevinK
Ultimate Member
'Neighboring states' went away some time ago.
You can buy a long gun in any state with an FFL as long as the laws of both states are followed. Many FFLs just won't sell.
ken792
Ultimate Member
A lot of FFL's don't want to deal with people from ban states, even if it it legal. They don't believe it's worth the effort to determine if it's legal or the risk in the off chance it isn't actually since federal law places the responsibility on them to know it's legal.
That was repealed at the federal level in 1986. Between 1968 and 1986, federal law allowed you to buy long guns from FFL's in neighboring states if your home state had a law to allow it. A few states still have their own restrictions, but MD is not one of them.
That was repealed at the federal level in 1986. Between 1968 and 1986, federal law allowed you to buy long guns from FFL's in neighboring states if your home state had a law to allow it. A few states still have their own restrictions, but MD is not one of them.
EMS Burnout
Member
An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.
[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]
I love this forum and how it makes us do research.
[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]
I love this forum and how it makes us do research.
Yes, research is a must. I wore out my copy of the 2005 Federal Firearms Regulations Reference Guide (ATF P5300.4), now I have to read the newest version online at the ATF website.
I am not up to reading the CFR & USC.
"Show it to me in black-and-white, & I'll take your word for it."
I am not up to reading the CFR & USC.
"Show it to me in black-and-white, & I'll take your word for it."
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,429
PRIVATE Sales of long guns
IN STATE - FACE TO FACE... FFL NOT REQUIRED.
Lawful as long as the seller believes that the buyer is not a prohibited person and is legally allowed to purchase a firearm. (In case of doubt... DON'T.)
BETWEEN RESIDENTS OF DIFFERENT STATES... FFL REQUIRED.
Lawful as long as an FFL does the transfer in the buyers or sellers state. AND the buyers state does not prohibit the long gun in question from sales in that state. AND the buyer is not a prohibited person and is legally able to purchase the firearm.
IN STATE - FACE TO FACE... FFL NOT REQUIRED.
Lawful as long as the seller believes that the buyer is not a prohibited person and is legally allowed to purchase a firearm. (In case of doubt... DON'T.)
BETWEEN RESIDENTS OF DIFFERENT STATES... FFL REQUIRED.
Lawful as long as an FFL does the transfer in the buyers or sellers state. AND the buyers state does not prohibit the long gun in question from sales in that state. AND the buyer is not a prohibited person and is legally able to purchase the firearm.
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