Purchasing a gun in KY as a TN resident

[Guest The Itis]

I've been having a hard time finding the gun I want, so I'm looking for gun shows. I'm in Jackson, TN.

Today and tomorrow, there is a gun show all the way in Knoxville, but there is also a gun show in Paducah, KY which is half the drive Knoxville would be.

 

I've read mixed answers on the legality of me going to the KY show and buying a handgun. Some say it's illegal, only long guns can be sold to out-of-staters, some say it's okay for adjoining states, and worst case seems to be requiring the seller to ship into an FFL in TN.

 

Hopefully someone has experience with this and has a definitive answer. I need to know if I should plan that trip to KY tomorrow or not.

 

Thanks in advance.

[TripleDigitRide]

You can buy the handgun in another state, but the seller will need to ship it to a FFL in your area. You go through the background check and pick it up at said FLL.
Edited August 11, 2013 by TripleDigitRide

[xjsnake]

The only way you could buy a handgun out of state legally is to purchase it from the FFL at the show and have them ship it to a FFL in TN to do the background check and transfer.

 

BTW there's a gun show in Nashville which is much closer to you than Knoxville.

[Luke E.]

Exactly what Triple said. Long guns you can buy and take home with you that day.

[Guest The Itis]

Ah, I was looking at http://gunshows-usa.com/tennesee.shtml

and there was just that tiny line about the Nashville one. I missed it first time reading through.

 

Thanks, snake.

While we're here, anyone go to the Nashville show today and have opinions on it? How many tables and if prices are anything special?

Edited August 11, 2013 by The Itis

[Murgatroy]

No to private sales, long gun or handgun. Period.

 

 

Long guns for an FFL, with a background check, you can take it home that day, this is only legal in some states, not all. As such some FFLs won't even bother and will tell you no straight up.

 

Handguns you can buy, but it has to be shipped to an FFL in your state for you to take the background check.

 

This was covered, but I wanted to cover a few scenarios that were kinda glossed over.

[cj0e]

So, your original question has been answered, but what handgun are you looking for? Have you checked with the TGO Vendors?

[Guest TankerHC]

No to private sales, long gun or handgun. Period.

 

 

Long guns for an FFL, with a background check, you can take it home that day, this is only legal in some states, not all. As such some FFLs won't even bother and will tell you no straight up.

 

Handguns you can buy, but it has to be shipped to an FFL in your state for you to take the background check.

 

This was covered, but I wanted to cover a few scenarios that were kinda glossed over.

 

 

Not sure which states would not sell long guns (California is a state in name only), it is covered under Federal law and I have never had a problem buying a long gun out of state. Simply tell the FFL before purchase "This is an out of state sale", when he/she calls in the 4473 they let those on the other end know the same thing (Out of state sale).

 

Done it plenty of times, perfectly legal (Everywhere I have done it)

 

 

EDIT: Just reread the question. Right, must go through an FFL. But you can buy a long gun and carry it home with you. My error for reading too fast.

If there are states that dont allow it I can tell you it is not Va, W. Va, MD, Pa, Al, La, Florida and Texas.

Edited August 11, 2013 by TankerHC

[Oh Shoot]

The only way you could buy a handgun out of state legally is to purchase it from the FFL at the show and have them ship it to a FFL in TN to do the background check and transfer.

 

A minor carp with that: doesn't have to be bought from FFL, can be purchased from an individual and that individual send or bring it to FFL in purchaser's state of residence.

 

- OS

[Guest The Itis]

So, your original question has been answered, but what handgun are you looking for? Have you checked with the TGO Vendors?

 

I am looking for a Stoeger Cougar, and I have searched the TNGO classifieds and nada.

[jgradyc]

I'm confused by the long gun laws. It's okay to buy a long gun out of state from a FFL dealer. I get that.

 

What about a long gun from a private party? I was under the impression that it could not be done.

[TrickyNicky]

I am looking for a Stoeger Cougar, and I have searched the TNGO classifieds and nada.

My suggestion would be to post a wanted add in the classifieds rather than waiting for a sale add. Could be someone with a Cougar who doesn't plan on selling but would be willing to if someone else expressed an interest.

As to the matter of our TGO vendors, they don't post their inventory unless its something really special or they are having a blowout sale. Try calling a few of them and seeing what they can do for you. Edited August 11, 2013 by TrickyNicky

[Murgatroy]

I'm confused by the long gun laws. It's okay to buy a long gun out of state from a FFL dealer. I get that.

 

What about a long gun from a private party? I was under the impression that it could not be done.

It can be if they ship it to an FFL in your state.

 

There are NO Private FTF sales allowed across state lines, long gun or handgun.

 

If you buy private across lines, it has to be shipped to an FFL in your state, handgun or long gun.

[Ray Z]

I've bought a handgun out of state, at a gun show. Either the dealer your are buying it from or another dealer at the show has to have a Tennessee FFL. They usually get an extra $25 from you but it takes care of the paper chase. Oh yea, I almost forgot the cut the governor gets. has to be added in there too. It don't hurt to ask.

[monkeylizard]

I've bought a handgun out of state, at a gun show. Either the dealer your are buying it from or another dealer at the show has to have a Tennessee FFL. They usually get an extra $25 from you but it takes care of the paper chase. Oh yea, I almost forgot the cut the governor gets. has to be added in there too. It don't hurt to ask.

 

I've never really thought of this, but is it kosher? Suppose Guns & Leather set up a booth at a Paducah, KY show, could I buy from a KY resident, have GnL do the transfer there at the show in KY, and take it with me that day?

 

From the ATF FAQ (bold added by me):

 

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer. [18 U.S.C. 922(a)(3) and 922(b )(3)]

Would the "in" mean the FFL's business address is the same state as the buyer, or that the actual transfer of physical posession has to occur in the buyer's state?

Edited August 11, 2013 by monkeylizard

[xjsnake]

I am looking for a Stoeger Cougar, and I have searched the TNGO classifieds and nada.

 

I saw one at Academy Sports in Franklin a couple weeks back. They usually have em in stock.

[Oh Shoot]

It can be if they ship it to an FFL in your state.

 

There are NO Private FTF sales allowed across state lines, long gun or handgun.

 

If you buy private across lines, it has to be shipped to an FFL in your state, handgun or long gun.

 

It's not even "across state lines" to be precise, it's simply no private sales between residents of different states, long gun or handgun, regardless of where the sale takes place (though I'm sure that's what you meant).

 

- OS

[Oh Shoot]

I've never really thought of this, but is it kosher? Suppose Guns & Leather set up a booth at a Paducah, KY show, could I buy from a KY resident, have GnL do the transfer there at the show in KY, and take it with me that day?

 

From the ATF FAQ (bold added by me):

 

Would the "in" mean the FFL's business address is the same state as the buyer, or that the actual transfer of physical posession has to occur in the buyer's state?

 

FFL's are licensed by state. As I understand it, Guns and Leather cannot use their TN FFL to transfer guns in KY. They could get a KY FFL, but they'd have to have a brick and mortar in KY, again as I understand it.

 

You can transfer any long gun you buy from a private transaction in KY through any KY FFL who is willing to do it -- or the private seller can bring or send the long gun to a TN FFL for transfer.

 

Handguns, however, may ONLY be received in the tranferee's (recipient's) state. In other words, there is no legal way for you to take ownership of a handgun outside the state of TN. Same applies for AR/AK lowers, btw.

 

 

I've bought a handgun out of state, at a gun show. Either the dealer your are buying it from or another dealer at the show has to have a Tennessee FFL. They usually get an extra $25 from you but it takes care of the paper chase. Oh yea, I almost forgot the cut the governor gets. has to be added in there too. It don't hurt to ask.

 

Perfectly willing to be proven wrong, bu none of that sounds legal to me, as I do not think a FFL has authority to transfer firearms outside the state in which he is licensed. Matter of fact, I don't think FFL is supposed to do it anywhere but the exact address that he is licensed to operate from, except for a gun show in same state:

 

"27 CFR 478.100 - Conduct of business away from licensed premises.

A licensee may conduct business temporarily at a gun show or event as defined in paragraph ( b ) if the gun show or event is located in the same State specified on the license: ... "

 

And also because for the buyer, it seems pretty clear:

 

It shall be unlawful ... 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 (then gives the only three exceptions -- inheritance, loan, or buying long gun through FFL out of state, clearly leaving the handgun (or lower) as the no no under any circumstances outside state of buyer).

 

- OS

Edited August 12, 2013 by Oh Shoot

[3gundave]

Today's Academy ad has the Stoeger Couger for $349.99. Happy hunting.

[Guest Bonedaddy]

Whelp....a little too late. I just sold my Stoeger Cougar 8000 (9mm) for $275, 3 weeks, ago. Hated to do it cuz I loved shootin' that gun. Solid as a tank but heavy and I liked that. Easy as can be to field strip and clean, too. 4 seconds is all it took me to take'r apart. Sent 3 mags with it, too. I let it go a little cheaper than I normally would cuz it was my BIL and all. He wanted to give his wife the Keltec he had been carryin'.

[Ray Z]

One of the questions on the FFL application is, Will you be selling at gunshows. Not a quote but very close. FFLs that sell out of state must have a store in that state, and have it on their license. So if I have a FFL in say, Kentucky, I can walk across the isle and transfer the handgun to Joe who has a FFL in Ky. and Tn., who does the paper chase through Tn, "for a nominal fee". So Joe enters in his book, as inventory, that he received a handgun from Clem's Gun shop in Ky. Then he does the paperwork through Tn. to Uncle Sam. Uncle Sam is happy because he knows where the gun is when he wants it. Tn. is happy because they made bucks on the deal. The Tn. dealer is happy because he made bucks for filling out two lines on his books and and having you fill out a 4473 form, giving you a receipt, and the original dealer is happy because he made bucks on the deal. The only one that is NOT happy is you. Because all those bucks came out of your pocket.

[Oh Shoot]

One of the questions on the FFL application is, Will you be selling at gunshows. Not a quote but very close. FFLs that sell out of state must have a store in that state, and have it on their license. So if I have a FFL in say, Kentucky, I can walk across the isle and transfer the handgun to Joe who has a FFL in Ky. and Tn., who does the paper chase through Tn, "for a nominal fee". So Joe enters in his book, as inventory, that he received a handgun from Clem's Gun shop in Ky. Then he does the paperwork through Tn. to Uncle Sam. Uncle Sam is happy because he knows where the gun is when he wants it. Tn. is happy because they made bucks on the deal. The Tn. dealer is happy because he made bucks for filling out two lines on his books and and having you fill out a 4473 form, giving you a receipt, and the original dealer is happy because he made bucks on the deal. The only one that is NOT happy is you. Because all those bucks came out of your pocket.

 

 

1,  A gun show in same state as FFL license is only place a FFL may transfer a firearm off his licensed premises.

 

2. Thus an  FFL cannot use his TN license to transfer any firearm in the state of KY. 

 

3. A FFL cannot use his KY license to transfer a handgun to a TN resident.

 

Hence, I can see no circumstances under which a TN resident may legally take possession of a handgun in KY (just as federal law states).

 

Indeed, if that happened, both the buyer and any FFL that handled the transaction broke federal law. (Matter of fact seems the only way a 4473 could even get through system is if the TN FFL did not acknowledge his physical location at the time -- perhaps the gun show field is not transmitted, or the TN FFL simply um, "omitted" it.)

 

If I am wrong on any point here, I hope an FFL holder would chime in and correct me as to where.

 

- OS

Edited August 13, 2013 by Oh Shoot