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Out of state purchase of hand gun
- Thread Starter Meat
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Legally, what Solv3nt said.
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- Thread Starter
- #4
Looks like my OH friend may be buying it for me....
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Admitting to setting what amounts to a 'straw purchase' in a forum visible to all may not be the best move you could make. It's not that tough to follow the law here. One man's opinion.....
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If you are flying just check your own familiar piece in your luggage simple and easy.
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- Thread Starter
- #7
Good point. I'll buy one here and take it.
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Just be sure your container is TSA approved, and you should be fine. My Marine has flown with his personal weapons many times, not a problem if you follow the rules.
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BS
A straw purchase is when you buy a gun for someone you know isn't supposed to have a gun.
As long as it is legal in Ohio and meat head? Oh sorry meat,isn't a felon,it would not be a straw purchase.
There shouldn't be any problem with you buying it and having it sent to your local FFL,but buying it to shoot it there won't work
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Unfortunately, this isn't BS. The Feds have prosecuted and convicted at least one man for buying a gun for an out-of-state relative who was also a legal firearm purchaser. The case went to the Supreme Court and the gun control crowd won. Sorry the link is to the PBS story, but it's the first one I found.
http://www.pbs.org/newshour/rundown/supreme-court-sides-gun-control-groups-straw-purchase-law/
http://www.pbs.org/newshour/rundown/supreme-court-sides-gun-control-groups-straw-purchase-law/
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Simply not true. When the purchaser fills out their 4473 they are going to be asked to answer yes or no to the following question (11a on the form);
"Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: you are not the actual buyer if you are acquiring the firearm(s) on behalf of another person....."
...and the bold type is actually on the 4473. Says nothing about being able to 'legally own'. Asking your buddy to buy the gun for you would be a straw purchase.
Yes, if you legally acquire the weapon under you own name in another state, and have it shipped to an FFL in your home state, and take care of the paperwork, it's completely legal. If you ask a buddy to buy the gun for you, and bring it home in your luggage, you're flirting with the wrath of the BATFE if they want to make an example of you.
Do you want to be that test case? Not me......
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Sorry, you are incorrect this time.
https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf
Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANS- FEREE/BUYER of the firearm and must answer "NO" to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer "YES" to question 11.a. However, you may not transfer a firearm to any person you know or have reasonable cause to believe is prohibited under 18 U.S.C. § 922(g), (n), or (x). Please note: EXCEPTION: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b.
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This is not correct either. How could you legally "acquire the weapon in your own name in another state" when it is not legal to buy a Handgun out of state? If it is a long gun then it IS legal to purchase it out of state as long as it is legal in both states.
In the case of a handgun you can pay for it, while you are out of state, but it has to be shipped to an FFL in your state for transfer to you.
https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons
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"....This is not correct either. How could you legally "acquire the weapon in your own name in another state" when it is not legal to buy a Handgun out of state?...."
Of course it's legal to buy a handgun in another state in my own name. Just like what happens when I buy a handgun at the gun show in OR when I live in WA. They run my info and when it clears, the firearm is shipped to a FFL in my home state where I pick it up. Nothing illegal about that transfer.
When I make the purchase in the 'other' state, I'm bound by the laws of that state. When the weapon is shipped to WA state for me to pick up, I'm bound by the laws in WA state. It's legal as can be.
Of course it's legal to buy a handgun in another state in my own name. Just like what happens when I buy a handgun at the gun show in OR when I live in WA. They run my info and when it clears, the firearm is shipped to a FFL in my home state where I pick it up. Nothing illegal about that transfer.
When I make the purchase in the 'other' state, I'm bound by the laws of that state. When the weapon is shipped to WA state for me to pick up, I'm bound by the laws in WA state. It's legal as can be.
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I guess I just never thought of doing it that backward. Does the receiving FFL charge you? Do they do a 4473 since they are the ones actually transferring it to you?
If so I don't see why a person would not just pay for the handgun and have it shipped to an in state FFL....
If so I don't see why a person would not just pay for the handgun and have it shipped to an in state FFL....
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Nwcid, I hear what you are saying and I don't disagree. It's been some time but I pretty clearly remember when I bought my last handgun at the gun show in OR, they took my ID and made a phone call before we were done. I assume the call was a BGC...but I have to be honest and say I don't know for sure. Maybe the vendor wanted to take some steps to make sure I could actually take delivery once they'd shipped the gun; I can't tell you. I did fill out the 4473 once the weapon made it's way to WA state.
And, within the context of the thread, if I was going to another state and wanted a gun to use while I was in that state, I'd take my own with me. While you can certainly 'buy' a gun from dealer in a state other than your own, I do believe that you can't take delivery until that weapon ships to a FFL in your home state.
What's interesting is that you hear in the news all the time about people in the Northeast that 'cross state lines to buy handguns where the laws are different'. Not sure how that works....the BATFE seems pretty clear on that point.
And, within the context of the thread, if I was going to another state and wanted a gun to use while I was in that state, I'd take my own with me. While you can certainly 'buy' a gun from dealer in a state other than your own, I do believe that you can't take delivery until that weapon ships to a FFL in your home state.
What's interesting is that you hear in the news all the time about people in the Northeast that 'cross state lines to buy handguns where the laws are different'. Not sure how that works....the BATFE seems pretty clear on that point.
