Florida resident wants pistol purchased in Tennessee delivered to Indiana FFL


SwampDude

New member
I'm a Florida resident who is spending the summer in Indiana. I want to buy a Glock from an on-line seller and have it delivered to an Indiana FFL. I have a Florida concealed carry license and driver license. I own residential property in Indiana and pay property taxes. I have a vehicle registered in Indiana. My personal record is squeaky clean in all respects.

My understanding is that an Indiana gun shop can't sell handguns to out-of-state buyers, but I'm hoping they can accept delivery for a non-resident. I'd do the background check and pay the standard fees.

How about it Hoosiers? Can an Indiana dealer accommodate me?
 

SwampDude

New member
Instead of hoping maybe you contact a lawyer who is versed in 2A law and get his opinion

I don't want to spend a lawyer fee if some Indiana person here has relevant experience or knowledge that would apply to my situation.

I'm not ready to give up hoping and asking for info, and run to a lawyer for every question; not yet, anyway. And, my question doesn't seem to be a 2A matter.

Thanks.
 

bofh

Banned
So, the rule for handgun purchases (other than private sales) is that delivery can only be made in the buyer's state of residence?

From https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons:

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]

...

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.
[27 CFR 478.11]

The referenced laws are 18 U.S. Code § 922 and Code of Federal Regulations - Part 478.
 

NavyLCDR

New member
For the purposes of firearms transactions he is a resident of Indiana during the time that he is living there during the summer months. It's right in the Code of Federal Regulations definition of residency:

27 CFR 478.11:
eCFR ? Code of Federal Regulations

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.
Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

In order to have the handgun transferred to him by an FFL in Indiana he needs to provide the FFL with a government issued document as a secondary ID that shows residency in Indiana. The property tax bill will probably suffice as well as the vehicle registration. He shows his Florida driver's license as proof of identity, and the government issued document showing proof of Indiana residency. That procedure is right in the instructions on the form 4473.

https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

See page 5, question 20b.

Coordinate everything with the Indiana FFL before having the handgun sent to them. Hopefully the REAL answers to your questions with the documented references helps, have a nice day.
 

SwampDude

New member
I continue to have hope after posts by bofh and NavyLCDR that I can buy the pistol for delivery to a local FFL while I'm in Indiana. As credit card transactions and other reports will show, I've been here in Indiana almost continuously since October 2013.

Many thanks for your posts. I have no clue regarding your backgrounds, but you obviously have working knowledge of legal resources.

I could wait until I return to Florida to buy the gun, but the desire to have it is...well...now.

At least I've got some info to show my Local gun dealer when I try to make the arrangement for delivery. I'll report on the outcome.
 

SwampDude

New member
No outcome to report because the Indiana dealer failed to respond to my inquiry. I sent him a fax of the legal references provided to me here and reminded him that I've bought many guns from him over the years. Haven't heard a peep.

I guess gun dealers, the successful ones, don't have to scratch for business. There are plenty of sales walking in the front door, so why go out of the way to respond to an old customer's request to buy a gun with 'special' circumstances.

I'm going to call the guy and ask why he didn't respond. Maybe he sent my request to his lawyer to research; probably not, but it won't hurt to ask before I cross his name off of my phone listings.
 

SwampDude

New member
You have to do all this just to buy a gun... *shaking my head*

You sure do. Conversations I've had with others knowledgeable about gun dealer behavior and the law indicate sellers (a) don't understand the law and (b) are scared to do any transaction beyond routine sales to customers who are full-time residents of their state.
 

indyyy

New member
Not really on the topic - I don't know what city you're in, but there's a large gun show at the state fair ground in Indianapolis next week. Maybe you could find your gun there ?
 

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