• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

UNH Lock Down Latest Charges

C

CT Barfly

Regular Member
Joined
Jun 13, 2013
Messages
328
Location
Ffld co.
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:
S

Skinnedknuckles

Regular Member
Joined
Dec 18, 2011
Messages
108
Location
Connecticut
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).
 
C

CT Barfly

Regular Member
Joined
Jun 13, 2013
Messages
328
Location
Ffld co.
Skinnedknuckles said:
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).
Click to expand...

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.
 
S

Skinnedknuckles

Regular Member
Joined
Dec 18, 2011
Messages
108
Location
Connecticut
CT Barfly said:
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.
Click to expand...

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.
 
ATM

ATM

Campaign Veteran
Joined
Aug 1, 2009
Messages
360
Location
Indiana, USA
Skinnedknuckles said:
...I believe the gotcha here is the "and the State where the purchaser resides" and that may be the basis for the new charges.
Click to expand...

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:
C

CT Barfly

Regular Member
Joined
Jun 13, 2013
Messages
328
Location
Ffld co.
Correct, there's no way around your home state laws and if you try to get around them you will violate Federal law.
 
davidmcbeth

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Skinnedknuckles said:
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.
Click to expand...

What if you build your own firearm outside the state?
 
You must log in or register to reply here.
Top