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Thread: Buying Long Guns in other States

  1. #1
    Roll Tide Roll whbonney26's Avatar

    Buying Long Guns in other States

    I looked for the exact laws but could not locate them.

    My father lives in Alabama and I of course live here. If I wanted to buy a long gun in his town and/or he wanted to buy a long gun here, could he?

    He was told that he could only buy from touching states.

    He was told this due to my Uncle going to visit him from Florida and then them going right there to Mississippi and my uncle trying to buy a Henry Lever Action .22. Apparently he was told that he could not get the gun because he had a Florida DL and was trying to purchase a gun in MS.

    So.....can you only buy long guns from states that your state is touching?

    About 10 years ago I bought a rifle from a gun shop in Alabama with no problems. Has something changed?

  2. #2
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    Bearco's Avatar
    I have heard of this as well. I wonder if it has to do with sate law.

    http://www.atf.gov/firearms/faq/unlicensed-persons.html

    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]
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  3. #3
    Besmirched!

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    Tulse Luper's Avatar
    All guns must go through a FFL when parties from 2 different states are involved.


    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]

  4. #4
    Roll Tide Roll whbonney26's Avatar
    Quote Originally Posted by Tulse Luper View Post
    All guns must go through a FFL when parties from 2 different states are involved.
    Im talking about buying guns from a gun shop. Im not talking about a non ffl deal.

    Reading the law above maybe Florida has a state law saying that and that is the reason the gun shop would not let him buy a long gun in Ms.

  5. #5
    Marksman bhp9mm's Avatar
    Alabama:
    Residents of Alabama can purchase long guns in adjoining states that share a border with Alabama (Georgia, Tennessee, Mississippi and Florida).
    Residents of the states of Georgia, Tennessee, Mississippi and Florida can purchase long guns in the state of Alabama. (Ala. Revised Code 13A-11-58)


    Louisiana:
    Louisiana residents can purchase long guns in the states of Texas, Arkansas and Mississippi.
    Residents of the states of TX, AR and MS can purchase long guns in the state of Louisiana. (LA Rev. Stat. 40:1801 - 1804)
    smith and wesson 625

  6. #6
    Besmirched!

    Silver Member
    Tulse Luper's Avatar
    Quote Originally Posted by whbonney26 View Post
    Im talking about buying guns from a gun shop. Im not talking about a non ffl deal.

    Reading the law above maybe Florida has a state law saying that and that is the reason the gun shop would not let him buy a long gun in Ms.
    Got it. Federally, long guns can be bought at a FFL out-of-state and brought back. But state law may vary?

    I'm not sure where the "touching" thing came from. I have also heard the same. If it's real, I'd like to see it in writing, too.

    Edit: I see it above.
    Last edited by Tulse Luper; August 18th, 2010 at 07:40 AM.

  7. #7
    Roll Tide Roll whbonney26's Avatar
    Thanks bhp9mm, Do you have what the law says for Mississippi?
    Last edited by whbonney26; August 18th, 2010 at 07:43 AM.

  8. #8
    Marksman bhp9mm's Avatar
    here they are but i did not see one for misssissippi


    http://www.cabelas.com/community-cus...restrict.shtml
    smith and wesson 625

  9. #9
    Roll Tide Roll whbonney26's Avatar
    Quote Originally Posted by bhp9mm View Post
    here they are but i did not see one for misssissippi


    http://www.cabelas.com/community-cus...restrict.shtml

    Thanks.

  10. #10
    Marksman CavalryJim's Avatar
    Quote Originally Posted by bhp9mm View Post
    Alabama:
    Residents of Alabama can purchase long guns in adjoining states that share a border with Alabama (Georgia, Tennessee, Mississippi and Florida).
    Residents of the states of Georgia, Tennessee, Mississippi and Florida can purchase long guns in the state of Alabama. (Ala. Revised Code 13A-11-58)


    Louisiana:
    Louisiana residents can purchase long guns in the states of Texas, Arkansas and Mississippi.
    Residents of the states of TX, AR and MS can purchase long guns in the state of Louisiana. (LA Rev. Stat. 40:1801 - 1804)
    Here is the problem: There is a federal law prohibiting the out-of-state purchase of handguns. At one time, this law also covered long gun except in the case of adjoining states that had specifically passed laws approving adjoining state shotgun/rifle sales.

    Fast forward a few years later and the federal law about out-of-state gun purchases was changed and removed the restrictions about states needing to be adjoining for non-resident shotguns/rifles purchases. Of course, many gun friendly states had already passed laws allowing adjoining state shotgun/rifle purchases and now folks see the state level laws allowing adjoining long gun purchases and just assume that means it you can not sell to a resident from a non-adjoining state.

    There is no federal law against selling shotguns/rifles to non-residents.
    There maybe state laws allowing the sale of shotguns/riles to residents from adjoining states but there is most likely no law disallowing the sale to residents from non-adjoining states.

    Disclaimer: I am not familiar with LA laws on non-resident purchases only the states where I wanted to buy.
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  11. #11
    See ya at the range BayouSlide's Avatar
    FWIW, at this year's Blue Ridge Mountain 3-Gun in Kentucky, they had FFL holders on hand to transfer prize guns: long guns to out-of-state to states that permitted, handguns only to Kentucky residents. I got lucky on the prize drawing and walked away with an AR after sitting down with the FFL and completing the paperwork and NICS phone call.

    So obviously, as a Louisiana resident I could buy a long gun in Kentucky.
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  12. #12
    Marksman CavalryJim's Avatar
    Louisiana Rev. Statutes Chapter 9. Weapons - Part III. Purchase of Rifles & Shotguns - Sections 1801 - 1804

    Part III. Purchase of Rifles and Shotguns
    "It is declared that it is in the public interest to authorize residents of this state to purchase or otherwise obtain rifles and shotguns or ammunition in states contiguous to this state in compliance with such other laws of this state or its political subdivisions as may be applicable and in compliance with Section 102 of the Gun Control Act of 1968, Public Law 90-618, 18 U.S.C. 921 et seq. and it is the declared intention of this state that the sale of shotguns and rifles and the sale of ammunition in this state to residents of adjacent states is hereby authorized pursuant to regulations issued under the Gun Control Act of 1968."

    All that the above states is that rifle/shotgun purchase is authorized for residents of adjacent state. Can anybody find a law saying that it is not authorized for residents of other states?
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