Law saying you can buy guns in bordering states

[ryan]

Where can I find the law that says someone from LA could buy a Long gun from someone from TX, FTF transaction. I know you cant buy handguns from another state, but I was always under the impression you can buy long guns from bordering states.

 

[honestlou]

Read this: http://www.NRAILA.org/GunLaws/Federal/Read.aspx?id=60

You cannot acquire any firearm from an individual who is a resident of a different state.

 

[ryan]

Read this: http://www.NRAILA.org/GunLaws/Federal/Read.aspx?id=60

You cannot acquire any firearm from an individual who is a resident of a different state.

ok thanks, that's what I was looking for, guess its a no go.

 

[honestlou]

It doesn't have to nix a deal- just use an FFL to do the transfer. If it's a
long gun it can be done in either state.

 

[JadeRaven]

Generally speaking, we have laws that tell us what we can't do, not what we can do.

 

[sylvest]

Where can I find the law that says someone from LA could buy a Long gun from someone from TX, FTF transaction. I know you cant buy handguns from another state, but I was always under the impression you can buy long guns from bordering states.

The law of cash states that explicitly

 

[honestlou]

The law of cash states that explicitly

This is why I recommend you never do a cash deal with someone without doing a bill of sale, and at least checking the drivers license of the other party.

If the other person doesn't mind committing a federal felony with a 10 year penalty, don't think that he's going to give you a heads up.

 

[Nolacopusmc]

This is why I recommend you never do a cash deal with someone without doing a bill of sale, and at least checking the drivers license of the other party.

If the other person doesn't mind committing a federal felony with a 10 year penalty, don't think that he's going to give you a heads up.

Agreed.

While a bill of sale is not required, it is smart.

As long as you check their ID and have no "reasonable" reason to think they are a felon, mentally ill, or a drug abuser, you are good to go.

 

[leVieux]

Gee, the crooks just ignore all this, don't they ?

 

[Bobcat32]

ok,,Im not sure how many attorneys we have at BS.I am not an attorney nor do I affiliate myself with any law firms or sites ANyway ,here are some places and laws.State laws proceed federal laws.This is shown per: http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)

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.

Texas
46.07. Interstate Purchase A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components,
or firearm accessories in contiguous states. This authorization is enacted in conformance
with Section 922(b)(3)(A), Public Law 90-618, 90th Congress.

Under FOPA '86, long guns can be purchased in any state and transported to your home state provided both states have no laws prohibiting it.

Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.

Also in the state of Texas.If you carry a handgun in your vehicle,you have to conceal it.In Louisiana ,you can not conceal it without a CCW.That is my understanding of the Carry laws.

Open carry of a handgun in public is generally illegal in Texas due to PC 46.02; exceptions are detailed in that section and in 46.15, and include when the carrier is on property he/she owns or has lawful control over, while legally hunting, or while participating in some gun-related public event such as a gun show.

So basically,if i drive across the state TX line,since OC is within the laws of LA.,I would have to take my gun off my side and put it in the glovebox,which I do

Also FTF transactions are not legal in every state,last i heard from NRA only 26 states allow FTF.

It is illegal to manufacture or sell armor-piercing handgun ammunition. Hmmm. SXT,HST,etc......

As you can see, just because it is a law doesn't mean everyone abides by them.You can still order HST and SXT ammo from internet sites.You can also order lasers that go up to 2W from internet sites,yet in the USA ,you can only buy and sell 5mW lasers.

If you buy 2 or more handguns within one week at an FFL,pawnshop,gunshow,,etc...By law that FFL has to report it to the ATF.And if the FFL doesn't report it,he only receives a $1000 fine.Yet when the ATF shows up at your door,you may be liable to fines exceeding 100s of thousands of dollars.Seems like ,as the president said: "We just need to enforce the laws we have".

As you can see,one law may say one thing and the other may make that one seem foggyIf you are serious about knowing the law in your state.I would suggest going to the local law library and do some serious reading.The laws in LA. seem to be few and far between to just look up per say.There is only one paragraph in the state law site for guns,but yet the other states have 4-8 paragraphs.

And remember you can always move to Mexico and order one from the ATF,I think they still deliver

If anyone finds out that anything I posted is incorrect,please feel free to stomp on it and show evidence of the said differences,,, Thanks.They don't call me LongWind for nuttin

 

[honestlou]

ok,,Im not sure how many attorneys we have at BS.I am not an attorney nor do I affiliate myself with any law firms or sites ANyway ,here are some places and laws.State laws proceed federal laws.This is shown per: http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)

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.

This is an excellent example of why you should not use wikipedia as a source. I am an attorney, and this is absolutely INCORRECT!!

I have quoted the law numerous times on here, and honestly don't feel like doing it again right now. Use the search and look at the numerous threads where this has been addressed.

If you want an easy internet quick reference, I highly suggest that you look at the NRA guide to firearms laws, and forget about Wikipedia.

http://www.NRAILA.org/GunLaws/Federal/Read.aspx?id=60

Of course you do need to be aware of state laws as well as federal, but thankfully we live in a free state.

 

[Bobcat32]

Thank you.I am not an attorney.And I realize wikipedia is not always current I did read those laws from NRAILA.And I will look back to find what you quoted,thanks.So your saying the federal laws proceed the state laws.I gather that,but your chances of being stopped by an ATF,FEDS,,official in a police car are pretty slim odds.So that does mean ,by the means within what they have,state laws are inforced first.Per say on a general stop or procedure, within that state.Basically I'm asking is:What are LEO taught or trained to do.I realize at their discretion,but that seems so vague.Lets say:Bob ,from TX,gets pulled over by an LEO.Bob has a gun under some clothes,he was living in his car..Federal law says Bob cant conceal a weapon.But Bob considers this his right,because he lives in TX and it clearly states,he has that right to do so.Does the LEO arrest bob for having a concealed weapon or do they call a higher ,more knowledgeable LEO to assist them in quoting the state law or would they be trying to conceive the federal law?To further proceed with the stop.I realize LEO don't call 10 people to establish the law.,,,I'm just asking what are they trained to do.I do also realize LEO are not attorneys by no means.I am just curios as to how they are trained to handle those kind of situations.I'm assuming the more years on the force,the more common knowledge you would have on most situations regarding a traffic stop or any call out.I am just a regular old joe curious about certain proceedings and training of LEO.I am not nor ever been affiliated with any LEA.And some of us cant dish out $200 every time we want to understand the law.That is why I posted he should go to the law library.And I will go back and read your posts,,thanks HonestLou

 

[Tulse Luper]

I believe this is the "contiguous" state law (purchases made from licensees).

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-louisiana.pdf

Part III. Purchase of Rifles and Shotguns
1801. Declaration of policy 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.
1802. Definitions As used in this Part:
(1) "A state contiguous to this state" shall
mean any state having a common border with
this state.

 

[bayoutrigger]

So if I go fishing at Falcon Lake on the Texas/Mexico boarder it's against the law to have a AR 15 at my side in the boat with me?

 

[Bobcat32]

you may need to get a Surveyor out to shoot the property line on that one,bayoutrigger
And thanks luper,I seen that in a couple of places,it just wasn't put all together.That is what I was looking for +1

 

[sawgrass]

I believe this is the "contiguous" state law (purchases made from licensees).

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-louisiana.pdf

THIS is what I was told by a FFL.

.

 

[honestlou]

I believe this is the "contiguous" state law (purchases made from licensees).

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-louisiana.pdf

Part III. Purchase of Rifles and Shotguns
1801. Declaration of policy 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.
1802. Definitions As used in this Part:
(1) "A state contiguous to this state" shall
mean any state having a common border with
this state.

This is very misleading, and my original answer is correct. I will try to explain.

Federal law does preempt, or control, over state law. This is due to the Supremacy Clause in the U.S. Constitution. A state cannot supercede a federal law that it does not like. This can be a very complicated and confusing area of the law, but it doesn't matter if Louisiana makes something a crime or not; if federal law makes it a crime, you can still be prosecuted for committing the crime.

Once upon a time, the federal law was that residents of states could buy long guns from bordering states--I think only from dealers, not individuals. But residents could buy long guns from bordering states, but not handguns. Louisiana passed the law that is referenced here to make it clear that Louisiana citizens and dealers could take full advantage of what was allowed under federal law.

However, since that time, federal law has changed, and you may buy long guns from a dealer in any state, not just bordering states. It is actually more permissive than it used to be. So this Louisiana statute no longer makes sense (if it ever did, as it may not have been necessary to begin with).

Regardless, that "bordering state" law was never applicable to non-licensed individuals, so it wouldn't help in an individual FTF sale. But, this is indeed the law that the OP was thinking about. I didn't elaborate to begin with because a) it is old law, and b) it would not be applicable in a FTF anyway. But since it has been cited in print, I thought it needed to be explained.

 

[Tulse Luper]

However, since that time, federal law has changed, and you may buy long guns from a dealer in any state, not just bordering states. It is actually more permissive than it used to be. So this Louisiana statute no longer makes sense (if it ever did, as it may not have been necessary to begin with).

Sounds like it's ripe to get rid off.

 

[sawgrass]

honestlou....

Thanks for clarifying this all so typical government bull crap. Sheesh

That government is best which governs least. TJ

.

 

[Bobcat32]

That is the very reason I said what I did ,as far as the state vs the federal laws.Of course federal laws supersede over state laws.That is why I asked,what laws would an LEO go by.SO basically all my buddies in Arkansas are breaking the law going to Tulsa,Oklahoma gun shows to buy guns and take them back home.They are breaking a federal law but not a state law.This is just too confusing.How do judges decide.They read just like we do.I guess every situation is different.Its ashame the law cant be cut n dry and not based primarily on past cases..I wouldn't make a very good LEO or judge I guess.I would always wonder ,did I do the right thing.They must have a hard conscious.So I guess my buddies would have to be brought up on federal charges to be charged with a felony of gun running ,lol.But the state troopers in that state would just shrug and say'" You not from around here son,get on home" Seems like the higher you go ,the lower you become Now I am curious as to what 26 states allow FTF and which ones do not!!! Thanks Honest lou for your time.