As a non-LA resident in LA, Can I use Gunbroker?

[M_Lou32]

Hello all. I've done a lot of looking around and cannot find info/laws about my particular case, which is:

I'm an Ohio resident working in Louisiana temporarily. I know that I can legally purchase a long gun from an FFL in this state. That being said, can I buy a rifle on Gunbroker from an FFL in Florida, have it shipped to an FFL in Louisiana, and have the rifle transferred to me? I just can't figure out if, in the eyes of the law, this is 100% identical to purchasing a firearm in Louisiana.

Does anyone know what the law depicts here? OR maybe have links to the relevant legislation?


Thanks

 

[3fifty7]

I have a cousin in Texas who bought a shotgun from Florida and had had it shipped to a FFL here while he was here on a two week duck hunt.
So I say yes, but someone here may stir statute shortly.

 

[Bill Baldwin]

Looks like the answer is yes and no.

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]

and

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)]

 

[geoney]

Hello all. I've done a lot of looking around and cannot find info/laws about my particular case, which is:

I'm an Ohio resident working in Louisiana temporarily. I know that I can legally purchase a long gun from an FFL in this state. That being said, can I buy a rifle on Gunbroker from an FFL in Florida, have it shipped to an FFL in Louisiana, and have the rifle transferred to me? I just can't figure out if, in the eyes of the law, this is 100% identical to purchasing a firearm in Louisiana.

Does anyone know what the law depicts here? OR maybe have links to the relevant legislation?


Thanks

Yes.

When the transfer happens in LA, for all intensive purposes, you are "purchasing", actually transferring, from the LA FFL. So, if you could legally purchase said firearm from the LA FFL directly, then you can have it transferred to him to do so. Just check with said FFL first to ensure he knows this, and chooses to do it. Some FFL's simply choose not to engage in those kinds of transactions to keep things simple for them.

Keep in mind, for most legal purposes, based on what you stated in your OP, you are not a "legal resident" of LA.

 

[M_Lou32]

After speaking with an FFL (Cabela's), they said they were able to do this sale. They mentioned it as being equivalent to shipping a firearm from a store in a different state, though I don't necessarily agree with that statement. And yes, I am aware I am not a legal resident, but that my status still legally allows me to purchase a long gun in this state. Both my lack of faith in any given FFL's legal knowledge as well as Bill Baldwin's second citation does make me wonder though if I'm stepping into a gray area. Would that statement need to read ONLY in the purchaser's OWN state of residence, or explicitly state that a non-state resident cannot perform that action to prohibit me from doing so?

 

[Bill Baldwin]

The legal web that is 922 is a grey area and contains some outright stupid crap. Example, while it's legal for me to sell a rifle to my neighbor, without going through an FFL, the sale can only take place in Louisiana. If we were hunting in TX, I could loan the rifle to him, but not sell it to him until we returned to LA. Also, I could only loan him the rifle for sporting purposes and not self defense. If we went through an FFL in TX, the transfer would be legal.

If your FFL is comfortable with the transfer, you should be comfortable with it as well.

 

[SeventhSon]

It really depends on the FFL. While its "legal" for a LA resident to purchase a shotgun/long gun in say, Indiana, some FFLs wont do it, and they are perfectly within their right to refuse to do it. A lot of the bigger chains with multiple stores across the country are more open to doing the transfer. The smaller shops are usually a little more stand-off-ish.

 

[nolaradio]

I've witnessed an Academy employee at the Covington location tell a customer from Alabama that he could not sell him a shotgun. The employee actually said it was against the law to sell it to him since he was not a resident of a border state. The customer asked if he could see where that law was written. Seemed like a fair request to me. The employee said he didn't have to show it to him but that it was federal law. Customer replies I don't have to spend my money here either and walked off leaving his shopping cart full of clothes and ammo at the gun counter.

 

[M_Lou32]

Well, I was able to go through with the transfer today. Thanks for all your helpful input.