Handgun Purchase

[Whittler]

I'm new to the forum and apologize if the question has been answered previously. I'm a resident of South Dakota but I'm currently working in Colorado and will be here until after Labor Day. I'd like to purchase a handgun. Can I arrange to purchase a handgun from a South Dakota FFL (without traveling to SD) and have them ship it to an FFL in Colorado and take delivery here? If so, how does the background check work? I'm assuming they'd do it in South Dakota and simply verify my identity here in Colorado.

I'm willing to travel to South Dakota if necessary...I'm just trying to make sure the trip is required.
Thanks

 

[thoricuncle]

Actually, you can't go to South Dakota and buy a handgun unless you are a resident of South Dakota.

To buy from someone in South Dakota, you will buy the handgun from them and they will ship it to a gun store in Colorado. If the gun store in South Dakota does not have a copy of the Colorado Gun Stores License on file, they will usually request that the Colorado Gun store fax a copy of it to them. By doing so, they can ensure that they are shipping to a legitimate FFL holder.

When you go to pickup the handgun, the Colorado gun store will do the background check on you when you pick it up. There is almost always a charge for this ranging from $10-$50 with an average of $20.

 

[NavyLCDR]

I'm new to the forum and apologize if the question has been answered previously. I'm a resident of South Dakota but I'm currently working in Colorado and will be here until after Labor Day. I'd like to purchase a handgun. Can I arrange to purchase a handgun from a South Dakota FFL (without traveling to SD) and have them ship it to an FFL in Colorado and take delivery here? If so, how does the background check work? I'm assuming they'd do it in South Dakota and simply verify my identity here in Colorado.

I'm willing to travel to South Dakota if necessary...I'm just trying to make sure the trip is required.
Thanks

Link Removed, you might want to read his question again.

Whittler,

In order to receive the handgun from an FFL in Colorado, you would be required to provide proof of Colorado residency to the FFL. That would be in the form of a government issued document that showed you were a resident of Colorado such as vehicle registration, hunting license, etc., presented in addition to your government issued photo ID which could be from another state, such as South Dakota.

The form 4473 and background check is done by the last FFL that is actually transferring the gun to you, and by Federal law an FFL can only transfer a firearm that is not a rifle or shotgun to a resident of the same state their business is located in.

If you continue to maintain an actual physical residence in South Dakota then you can return to South Dakota and purchase and take possession of the handgun there. The Federal definition of State of Residency is the presence in a state with the intention of making a home there, period. Driver's license, paying taxes, registered to vote, military home of record has NOTHING to do with State of Residency for firearms purchases. Physical presence AND intention to make a home there. But, you also have to provide a government issued document to an FFL to prove your state of residency.

18 USC 921 is the Federal law that defines state of residency. 18 USC 922 (a)(3) and (a)(5) are the Federal laws concerning private face-to-face sales, and 18 USC 922 (b)(3) contain the residency requirements for receiving a firearm from an FFL.

 

[wolf_fire]

^^ what NavyLCDR said.

You can only pickup a handgun within the state you hold residency. You can purchase it in CO, but it will have to be shipped to an FFL in SD where you hold residency. This is part of the Brady addition to gun control in the US. You can buy and pickup a high powered rifle in CO, but not a handgun. I don't make the laws, I just read em to make sure I don't break em.

 

[cluznar]

You can buy a gun from any state and have it shipped to an FFL in your state. It is no big deal, a simple process. People do it every day.

:victory:

 

[jcreek]

You can buy a gun from any state and have it shipped to an FFL in your state. It is no big deal, a simple process. People do it every day.

:victory:

Ya he could buy a handgun in Colorado and have it shipped back to SD but that doesn't really help him does it?

 

[Whittler]

Thanks everyone! Looks like I'll have to wait on my purchase until after Labor Day when I return home. Thanks again.