You can't buy a handgun out of state...

[mousegunner]

Most of us take this little tid-bit of knowledge for-granted, but maybe some of you newer folks reading this don't know -- you cannot (legally) buy a handgun out of state.

Some friends of mine (married couple) recently got their carry permits in Chattanooga, and were quite excited about buying a new S&W airweight 38 for the wife. They called me last night pretty disappointed! They had gone over the state line to Georgia to a big gun show, had a great time shopping, found the gun they wanted, and the dealer said "No!" They were so surprised to find out they could buy an AK47, if they wanted, but were not allowed to buy a little handgun. Remember folks, Federal Gun Laws are STOOOOOPID! You cannot legally buy a handgun out of state, either from an individual or a gun shop (or at a gun show). You can buy long guns, but not handguns. No sense at all to this law, but that's the way it is. One exception: You can buy the handgun from the FFL dealer, then he can ship it to another dealer in your state, charging you both for shipping and a handling fee, and then you can get the gun from the second dealer. Again: STOOOOPID. But what do you expect from the Fed Gov?

[Mark@Sea]

Yep. Bought a Remington Rand 1911A1 in a shop in Norfolk before my last cruise. The dealer held it in his safe until I returned home, and then shipped to an FFL near my home. Added almost 100 to the price, all told, with the overnight shipping and the transfer fees.

If I had wanted (okay, who'm I kidding -- could have afforded) the belt-fed semi .30 browning he had, though, I could have walked out with it that day.

[Smith]

Yep. Bought a Remington Rand 1911A1 in a shop in Norfolk before my last cruise. The dealer held it in his safe until I returned home, and then shipped to an FFL near my home. Added almost 100 to the price, all told, with the overnight shipping and the transfer fees.

If I had wanted (okay, who'm I kidding -- could have afforded) the belt-fed semi .30 browning he had, though, I could have walked out with it that day.

Why the heck did he ship it overnight! He could have saved you a bunch of money.

Yeah, the gun laws are stupid to say the least. But you know those handguns have a way of committing crimes when they are away from home.

[frontier737]

.... But what do you expect from the Fed Gov?

Says it all. Of course, the goverment will do a swell job with the auto manufactures, health care...

[Farman]

I've purchased a couple of items thru Gunbroker and even with shipping and transfer fee I made out. But now some people think their stuff is gold plated. So when you shop around you, most likely, would do just as well, if not better dealing with your local shops.

[Guest bkelm18]

If you look hard enough you will almost always find a better deal than a local dealer. That being said, it never hurts to give the locals your business.

[Guest Spuds]

Why the heck did he ship it overnight! He could have saved you a bunch of money.

Law states that handguns cannot be mailed except from dealer to dealer, which in this case would have been an option. Most dealers don't care to take the time to go to the PO and fill out the form, as UPS and FedEx will come to their shop and pick up. So it goes common carrier. And guess what rules common carriers apply to handguns? Overnight, or no go! Sucks, don't it?

Recently I've read that UPS will allow handguns no longer in production to be shipped 2nd day air, which is about 1/2 the price of overnight. Supposedly new handguns, still being produced, still have to go overnight. I've not been able to confirm this in writing however.

[Buzz]

One exception: You can buy the handgun from the FFL dealer, then he can ship it to another dealer in your state, charging you both for shipping and a handling fee, and then you can get the gun from the second dealer.

From what I've heard, sometimes at shows near state borders, there will be an FFL from a neighboring state that will do the transfer. Of course there will be a charge for this service, but it can work.

[Guest Revelator]

Here in Memphis we are right next to Mississippi. There's a radio show on a Memphis station where the hosts are always talking about a certain North MS gun store. It's paid advertising, of course, but rather than it being an actual commercial it's just the hosts talking about this place and how great it is. Nothing wrong with that, but just about every time I've heard one of the "ads" they talk about the store's handgun selection, and that people should go down there and get themselves a new Kel Tec or Glock or whatever. Everytime I hear that I think to myself, if that's a Memphis resident they're in for a rude awakening.

[TripleDigitRide]

So, I can buy a long gun from an out-of-state seller, without going through an FFL?

[R1100R]

As long as you are in that state and fill out the forms there. If mailed to you it must go to a FFL.

[Reservoir Dog]

So, I can buy a long gun from an out-of-state seller, without going through an FFL?

No. You would still have to go through a FFL, either in the seller's state or here in TN.

[Guest 70below]

You may buy a long gun in any state, as long as that gun is legal in the state you reside in.

[TripleDigitRide]

So, if buying a long gun in another state, you must be present in that state, and go though the background check there? Then you can bring the long gun back into Tennessee, without going through a TN FFL?

If I were in Tennessee, and decided to buy a long gun from someone in Ohio (example), the gun would have to be shipped to an FFL in Tennessee?

[Reservoir Dog]

So, if buying a long gun in another state, you must be present in that state, and go though the background check there? Then you can bring the long gun back into Tennessee, without going through a TN FFL?

If I were in Tennessee, and decided to buy a long gun from someone in Ohio (example), the gun would have to be shipped to an FFL in Tennessee?

Correct.

[R1100R]

That is correct.

[mousegunner]

Plus 1 RD and R11 -- long guns are OK

[Guest Fenris]

But for clarification, if a family member gives you a gun (I'm not talking about a straw sale, I'm talking about a legitimate gift), and they live in a different state, you do not need an FFL, correct?

[mousegunner]

Fenris, I believe you are correct. But depending on what state you pick it up in, and drive home through, I would have it in a locked box in the trunk.

[Fallguy]

But for clarification, if a family member gives you a gun (I'm not talking about a straw sale, I'm talking about a legitimate gift), and they live in a different state, you do not need an FFL, correct?

If it's a handgun, legally it would need to go through a FFL.

[Guest Fenris]

Fallguy,

Thanks. I did some digging and you are right.

Wow. Good to know.

[Guest oldhack62]

deleted

[TripleDigitRide]

Fallguy,

Thanks. I did some digging and you are right.

Wow. Good to know.

I'm pretty sure he's ALWAYS right. He is the man of infinite wisdom.

[mousegunner]

Please post chapter and verse. Thanks!

[Guest Fenris]

(B17) What recordkeeping procedures should be followed when two private individuals

want to engage in a firearms transaction? [back]

When a transaction takes place between private (unlicensed) persons who reside in the same

State, the Gun Control Act (GCA) does not require any record keeping. As noted in FAQs B1 and

B2, which are posted on this Web site in the "Firearms" section, a private person may sell a

firearm to another private individual in his or her State of residence and, similarly, a private

individual may buy a firearm from another private person who resides in the same State. It is not

necessary for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer

and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer

a firearm to someone who falls within any of the categories of prohibited persons contained in the

GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required

records to be completed by either party to the transfer.

For information about any State or local regulations that may govern this type of transaction, it is

advisable to contact State Police units or the office of your State Attorney General.

Please note that if a private person wants to obtain a gun from a private person who resides in

another State, the gun will have to be shipped to an FFL in the buyer's State. The FFL will be

responsible for record keeping. See FAQ B3 (Firearms).

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