Can I Buy A Gun In Another State
The Short Answer is Yes, However. Under the NFA and Federal Regulations, You are allowed to purchase a shotgun or long rifle as long as the sale will reflect on the policy of the state you reside in.
For example: If you live in Florida and go to Washington to purchase a gun. The shop would have to hold the gun for 3 days. However, if you live in New York and went to another state to purchase an AR-15 you would get turned down because it is illegal in the state of New York.
GUN TRANSFER LAWS: BUYING OUT OF STATE
So let’s clear some things up. An FFL or federal firearms license holder are the only individuals who can legally accept and sale across the states.
Basically, the person you are buying from must have an FFL and the seller MUST ship that firearm directly to an FFL holder in your state.
So don’t go to las vegas when you live in California hoping to buy a gun in that state and drive back to your state…it won’t work.
Firearm Personal Transactions
Let’s face it…gun laws are strict for a reason and we get it…maybe you want to sell your firearm to a friend or family member not in your state.
That’s cool…but before doing so, do it the correct way.
The best way to go about handling a transaction as such you would need to take your firearm
an FFL dealer in your state and have that FFL Holder ship the gun to an FFL holder in your friends or family state.
So what happens if you ship the item directly?
Unless you want to spend time in a federal prison DO NOT ship any firearm directly to another person.
For whatever reason, people will go about doing this and find the law knocking on your door.
FFL holders will charge but it’s better than having the title of “convicted felon” under your belt.
This is what to avoid. Let’s take a look at a so-called person to person scenario:
Uncle Davin is planning a trip across the state and wants to give his favorite nephew Geoffrey a nice shiny revolver for his birthday.
Uncle Davin decides to pack it in his suitcase (unloaded) which should be fine since the gun is unloaded.
And upon arrival gives Geoffrey his old revolver.
Besides, Uncle Davin trusts Geoffrey will do the right thing so it’s just a friendly transaction between two blood relatives, nothing to worry about correct?
Keep in mind, Uncle Davin has the right to transfer ownership of the firearm to Geoffrey by doing it the legal way.
By giving it directly to Geoffrey, Uncle Davin is now considered a gun trafficker.
What Uncle Davin needed to do was follow FFL-TO-FFL procedure as mentioned above.
FFL Transfer is a lot of hassle
Maybe so but just imagine…
Uncle Davin decides to skip legal procedures and gives the firearm directly to Geoffrey during his out of state visit.
Later down the line, Geoffrey decides to shoot someone with the revolver that he got from his Uncle.
While the police investigate they later find out that Geoffrey got the firearm from Davin.
Now Uncle Davin gets a visit from the police with a warrant out for his arrest.
All because FFL-TO-FFL is a hassle…
So next time you plan to give someone a firearm directly without following the law…Think about what is actually more of a hassle…
remember: we’re not lawyers. This article is intended for purposes of general information. If you have specific concerns, then we strongly suggest you direct them to an attorney well-versed in firearms statutes.
Sales Tax On Out Of State Gun Purchases
It varies from state to state. The best thing to do is to speak with a local FFL dealer to discuss the tax payment.
That way you can go ahead and set things up if you plan to purchase a firearm out of state.
If you would like more information such as how does buying a gun online work then check out our other post where we cover this topic.