Firearm purchases

[Jacobs Cj]

Non-CWP question: Can I purchase a shotgun/rifle in another state and transfer it back to home state. SC to FL.

 

[apvbguy]

I don't believe that you can do that legally, if you buy it privately you could probably "get away" with it, I don't think a gun shop will sell a FLA resident a long gun in SC

 

[opiegump]

Yes. Check out NRA-ILA

 

[NavyLCDR]

I don't believe that you can do that legally, if you buy it privately you could probably "get away" with it, I don't think a gun shop will sell a FLA resident a long gun in SC

Just the opposite. Since it is a long gun it is perfectly legal to buy from an FFL - but illegal to buy from a private party without an FFL transfer. Perfectly legal for an FFL in South Carolina to sell/transfer a rifle or shotgun to a resident of Florida and vice versa.

18 USC 922(b)(3):
18 U.S. Code § 922 - Unlawful acts | LII / Legal Information Institute

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States)

In addition, it is perfectly legal for the buyer to "import" that rifle or shotgun into his own state of residence.
18 USC 922 (a)(3):

(a) It shall be unlawful—
(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, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section,

 

[wolf_fire]

I've purchased several long guns out of state from FFL's, and transported them back home myself. This is an acceptable practice as NavyLCDR gave the federal code for.

What you cannot do is purchase a handgun out of state and transport it back home yourself. This you need to have the FFL send to an FFL in your home state where you go and pick it up.

 

[NavyLCDR]

And before anyone posts anything about contiguous states - the requirement for the states to be contiguous to each other went away in a 1986 amendment to Federal law.

 

[melloyello]

Federal may have changed in 1986 but SC contiguous state law was repealed a couple years ago along with the pistol dealer license and bond, and the lower metal melting point guns, pot metal guns. Many out of state dealers may not have updated their books, so just be aware if the are using older ATF state legal guides, encountered that in FL last year.

 

[NavyLCDR]

Federal may have changed in 1986 but SC contiguous state law was repealed a couple years ago along with the pistol dealer license and bond, and the lower metal melting point guns, pot metal guns. Many out of state dealers may not have updated their books, so just be aware if the are using older ATF state legal guides, encountered that in FL last year.

HOWEVER, even if the states still have the contiguous state language in their laws, 90% of those laws prohibited nothing. As long as the state law prohibits nothing, then sales are allowed to residents of any state, even if the permissive contiguous states laws remain on the books, because the prohibition was never contained in that state's laws, the prohibition was contained in Federal law:

http://www.atf.gov/files/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

ATF takes the position that if the lawsof a given State allow its residents to acquire a long
gun in a contiguous State, those laws also allow its
residents to acquire a long gun in any other State
where the laws of that State permit such
transactions, unless the language contained in that
State’s law expressly prohibits it residents from
acquiring a firearm outside that State.

 

[Jacobs Cj]

Thanks for responses. All went well.