Someone clear this up PLEASE !!

[FUJIMO]

Didn't know where else to post this so I will throw it here. If it's in the wrong spot please forgive me and move or delete it as you see fit.

Someone please clear up this claim/rumor I've been hearing that involves gun shows in "bordering" states. I've been told now by several people at several different shows that I, as a Tennessee resident, can drive to gun show in a bordering state(Kentucky,Georgia,Carolina,etc) and purchase a long gun legally from a private citizen without any kind of BGC.

I've always understood the law to be that you can only purchase a gun out of your state of residence if it's through an FFL. PRIVATE SALES ARE TABOO i.e. FELONY !

I just wanted to confirm it with you guys so I know for certain these people that say this are nuts !!

Edited July 16, 2010 by FUJIMO
typo

[monkeylizard]

Long guns are fine, AFAIK. It's handguns that have to pass through an FFL for ownership to legally cross state lines (with some exceptions).

[Pain103]

It's my understanding long guns are ok to purchase out of your home state. Handguns require shipment to FFL to legally transfer them. But either can be bought person to person in your home state without a FFL.

[Photoguy67]

Not trying to stir things up, but as I understand it. Long guns may be purchased out of state but MUST only be purchased from a dealer. Hand guns or purchases must be transfered to an in-state ffl and transfered to you. Clear as mud?

[FUJIMO]

ha ha ha, see this is exactly what I've been getting at shows. I hear 3 "it's o.k." and then 2 "nope,illegal" , lmao.

Not saying any of you are right or wrong, I was just curious if it's as cloudy on here as it is at shows. I know I have spoken with a couple random people in line at shows that claim they attend several out of state shows and everything's perfectly legal.

[bubbadavis]

According to the ATF FAQ at ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

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((3), 27 CFR 478.29 and 478.30]

So basically, you can purchase a long gun out of state, as long as you purchase from a FFL and that the sale applies with all state laws in both your state of residence and the state where you are buying the gun. Any handgun purchase requires a FFL transfer take place in your state of residence. A long gun you can purchase, and take possession, from a FFL in another state.

Buying/selling face to face with a non-licensed resident of another state is illegal.

[FUJIMO]

that's how I read it bubba !

[ShamGlock]

bubba nailed it.

[Mike.357]

you may not buy any firearm FTF out of state, period end of story.

You may only buy a long gun out of state through a FFL.

You may only buy a pistol through a FFL in your home state.

[Smith]

you may not buy any firearm FTF out of state, period end of story.

You may only buy a long gun out of state through a FFL.

You may only buy a pistol through a FFL in your home state.

However, you could always "rent" one indefinitely. J/K

[Oh Shoot]

you may not buy any firearm FTF out of state, period end of story.

You may only buy a long gun out of state through a FFL.

You may only buy a pistol through a FFL in your home state.

That's the fact, Jack.

- OS

[bubbadavis]

you may not buy any firearm FTF out of state, period end of story.

You may only buy a long gun out of state through a FFL.

You may only buy a pistol through a FFL in your home state.

Mike hit the nail on the head. Before this comes up, as it almost always does, you can't give or receive a firearm as a gift (without going through a FFL) to/from someone out of state.

[JAB]

Never mind

[Oh Shoot]

Mike hit the nail on the head. Before this comes up, as it almost always does, you can't give or receive a firearm as a gift (without going through a FFL) to/from someone out of state.

True, but you can inherit one by will or succession across state lines without FFL involvement.

- OS

[vontar]

True, but you can inherit one by will or succession across state lines without FFL involvement.

- OS

That goes back to a question I brought up a few weeks back.

http://www.tngunowners.com/forums/2nd-amendment-issues/42520-hypothetical-question-about-family-gun-transfers-state-lines-event.html

Ohshoot answered it for me then too.

18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

(a) It shall be unlawful -

(1) for any person -

(A) except a licensed importer, licensed manufacturer, or

licensed dealer, to engage in the business of importing,

manufacturing, or dealing in firearms, or in the course of such

business to ship, transport, or receive any firearm in

interstate or foreign commerce; or.....

(3) for any person, other than a licensed importer, licensed

manufacturer, licensed dealer, or licensed collector to transport

into or receive in the State where he resides (or if the person

is a corporation or other business entity, the State where it

maintains a place of business) any firearm purchased or otherwise

obtained by such person outside that State, except that this

paragraph (A) shall not preclude any person who lawfully acquires

a firearm by bequest or intestate succession in a State other

than his State of residence from transporting the firearm into or

receiving it in that State, if it is lawful for such person to

purchase or possess such firearm in that State.

- OS

[mikegideon]

you may not buy any firearm FTF out of state, period end of story.

You may only buy a long gun out of state through a FFL.

You may only buy a pistol through a FFL in your home state.

Oops

[FUJIMO]

you may not buy any firearm FTF out of state, period end of story.

You may only buy a long gun out of state through a FFL.

You may only buy a pistol through a FFL in your home state.

I think I might have broken this one MIKE

[runningfree]

I think I might have broken this one MIKE

[Guest Glock23ForMe]

If you buy a pistol, in state, you have to go through an FFL?

[Oh Shoot]

If you buy a pistol, in state, you have to go through an FFL?

Not in the state of your residence, no.

You can buy it from another TN resident.

Mike meant, you can't buy a pistol from an FFL (or resident) of a different state.

Well, more technically, you can't take possession of that pistol in the other state. If the FFL in the other state is willing, you could buy it from him, and he could ship it to FFL in your state and your state's FFL runs the 4473 and puts the pistol in your hand.

That's how you can buy guns, including handguns, online.

- OS

Edited July 17, 2010 by OhShoot

[Guest Glock23ForMe]

My question was, person 1 and person 2 both lived in TN and have always, and person 1 wants to buy person 2's gun... Do they have to go through an FFL?

[Oh Shoot]

My question was, person 1 and person 2 both lived in TN and have always, and person 1 wants to buy person 2's gun... Do they have to go through an FFL?

No.

Perfectly legal for TN residents to buy and sell guns from each other, as long as there is no legal reason why they cannot own firearms.

It's this way in most of the states.

- OS

[Guest Sgt. Joe]

My question was, person 1 and person 2 both lived in TN and have always, and person 1 wants to buy person 2's gun... Do they have to go through an FFL?

That one I can answer NO.

We have the right to buy, sell, give or trade long or handguns among other TN residents without FFL involvement. You are supposed to make sure they are in fact a resident of TN, but you dont need to do any background checks on them nor does either party have to have a carry permit.

Some who sell from this site do ask that the person have a carry permit to buy from them but that is just a personal preference on the sellers part, not a legal requirement.

OK so Shoot is faster than I .....go figure?

[Guest bkelm18]

What a minute.... let me get this straight.... can I buy a pistol from a TN resident without going through a FFL?????

[kb4ns]

What a minute.... let me get this straight.... can I buy a pistol from a TN resident without going through a FFL?????

You can't. Everyone else can.