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Thread: UNH Lock Down Latest Charges

  1. #1
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    UNH Lock Down Latest Charges

    Does anyone have any idea what federal statute they would be charging under? http://www.courant.com/community/new...,6364759.story

    I could see a state charge since he bought it after the deadline and brought it into the state, but not sure what the feds have to do with that.

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    Q: May an unlicensed (non FFL) person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
    [18 U.S.C. 922(a)(3) and 922(b)(3)]


    He probably skipped that step since no CT dealer would agree to facilitate the transfer of a banned firearm.
    Last edited by CT Barfly; 01-07-2014 at 07:29 PM.

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    Mods please merge.

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    1. Federal law allows out-of-state purchase of long guns FTF from an FFL by non-residents, but some states have further restrictions. I don't know about Pennsylvania rules on the subject.

    2. CT dropped the statute prohibiting out-of-state long gun purchases by CT residents some time ago. I don't believe it came back in the 2013 law, maybe someone knows for sure.

    3. Handguns must be purchased (or transferred through an in-state FFL from an out-of-state source) in the buyer's state of residence.

    So basically, any sale between residents of different states require an FFL, but the allowed location of the FFL varies.

    The article said he purchased the gun in Pennsylvania (who knows the truth at this point) and the on-air report said something about a federal charge for illegal transport.

    Again, IANAL (and proud of it).

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    Quote Originally Posted by Skinnedknuckles View Post
    1. Federal law allows out-of-state purchase of long guns FTF from an FFL by non-residents, but some states have further restrictions. I don't know about Pennsylvania rules on the subject.

    2. CT dropped the statute prohibiting out-of-state long gun purchases by CT residents some time ago. I don't believe it came back in the 2013 law, maybe someone knows for sure.

    3. Handguns must be purchased (or transferred through an in-state FFL from an out-of-state source) in the buyer's state of residence.

    So basically, any sale between residents of different states require an FFL, but the allowed location of the FFL varies.

    The article said he purchased the gun in Pennsylvania (who knows the truth at this point) and the on-air report said something about a federal charge for illegal transport.

    Again, IANAL (and proud of it).
    And we're all relieved.

    As I have pointed out with the statute (directly from the ATF website) the buyer must go through their home state dealer.

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    Quote Originally Posted by CT Barfly View Post
    And we're all relieved.

    As I have pointed out with the statute (directly from the ATF website) the buyer must go through their home state dealer.
    And as I pointed out, that is correct but not exclusive. The FAQ immediately above the one you quoted states:

    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]


    I believe the gotcha here is the "and the State where the purchaser resides" and that may be the basis for the new charges.

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    Quote Originally Posted by Skinnedknuckles View Post
    ...I believe the gotcha here is the "and the State where the purchaser resides" and that may be the basis for the new charges.
    Agreed, as well as the fact that the rifle purchase was reported to be from a private seller in the other state with no mention of it being transferred at an FFL premises as the law requires.
    Last edited by ATM; 01-08-2014 at 03:59 PM.

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    Correct, there's no way around your home state laws and if you try to get around them you will violate Federal law.

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    Quote Originally Posted by Skinnedknuckles View Post
    And as I pointed out, that is correct but not exclusive. The FAQ immediately above the one you quoted states:

    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]


    I believe the gotcha here is the "and the State where the purchaser resides" and that may be the basis for the new charges.
    What if you build your own firearm outside the state?

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