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Thread: Buying firearm fron another state

  1. #1
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    Question Buying firearm fron another state

    Quick question for all of you guys I was thinking of buying a firearm from another state. Is it legal to do it in New Mexico I have looked at the NM laws and can not see anything

    Thanks In advance

    John
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    Regular Member qednick's Avatar
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    I don't see why not. I seem to recall reading something somewhere about purchasing from neighboring states but I don't recall the details. Though I guess it all depends on whether it's a private sale or from a dealer. Worst case scenario I guess is that you have the seller send it to a local dealer who will then "transfer" it to you?
    I believe if you buy privately in Texas (for example), then you technically need a TX ID--though I also suppose that depends on how "private" the sale is. ;-)

    BTW, you wouldn't happen to be the Aussie subject of the SAF lawsuit regarding the NM CHL citizenship requirements would you? Just curious :-)

    Edit: I think this may have been what I read on the neighboring states thing:
    http://www.nraila.org/news-issues/ne...ew-mexico.aspx
    Last edited by qednick; 03-03-2014 at 04:32 PM.

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    what kind of firearm ... long gun, handgun, machine gun...makes a difference

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    Quote Originally Posted by RogueAussie View Post
    Quick question for all of you guys I was thinking of buying a firearm from another state. Is it legal to do it in New Mexico I have looked at the NM laws and can not see anything

    Thanks In advance

    John
    For out of state purchases/transfers: You can 'purchase' a firearm anywhere.

    If purchasing a handgun from an FFL, you must perform the background check (if any) and complete the 4473 at an FFL in your state of residence. So the out of state seller must ship to the FFL in your state of residence.

    If purchasing a long gun from an FFL, you can do the background check (if any) and complete the 4473 at an FFL in any state.

    If it is a private sale, the firearm (of any description) must be sent to an FFL in your state of residence and you must perform the background check (if any) and complete the 4473 there.

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    Quote Originally Posted by notalawyer View Post
    For out of state purchases/transfers: You can 'purchase' a firearm anywhere.

    If purchasing a handgun from an FFL, you must perform the background check (if any) and complete the 4473 at an FFL in your state of residence. So the out of state seller must ship to the FFL in your state of residence.

    If purchasing a long gun from an FFL, you can do the background check (if any) and complete the 4473 at an FFL in any state.

    If it is a private sale, the firearm (of any description) must be sent to an FFL in your state of residence and you must perform the background check (if any) and complete the 4473 there.
    Exception: What you stated is Federal law. Some states have different limits on buying firearms. Such as Illinois, New York, New jersey, just to name a few.

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    Quote Originally Posted by qednick View Post
    I don't see why not. I seem to recall reading something somewhere about purchasing from neighboring states but I don't recall the details. Though I guess it all depends on whether it's a private sale or from a dealer. Worst case scenario I guess is that you have the seller send it to a local dealer who will then "transfer" it to you?
    I believe if you buy privately in Texas (for example), then you technically need a TX ID--though I also suppose that depends on how "private" the sale is. ;-)

    BTW, you wouldn't happen to be the Aussie subject of the SAF lawsuit regarding the NM CHL citizenship requirements would you? Just curious :-)

    Edit: I think this may have been what I read on the neighboring states thing:
    http://www.nraila.org/news-issues/ne...ew-mexico.aspx
    Yes Mate I am that person
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    Quote Originally Posted by davidmcbeth View Post
    what kind of firearm ... long gun, handgun, machine gun...makes a difference


    It would most likely be a handgun at the moment
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    Quote Originally Posted by OldCurlyWolf View Post
    Exception: What you stated is Federal law. Some states have different limits on buying firearms. Such as Illinois, New York, New jersey, just to name a few.

    OCW
    Can you cite any laws in these states that prohibit you from purchasing a firearm out of state and having it sent to an FFL in state?

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    Regular Member solus's Avatar
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    Quote Originally Posted by notalawyer View Post
    Can you cite any laws in these states that prohibit you from purchasing a firearm out of state and having it sent to an FFL in state?
    i am again amazed you pontificate w/o citing a bloody thing yet you have the audacity to request cites?

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    Quote Originally Posted by RogueAussie View Post
    It would most likely be a handgun at the moment
    The seller needs to contact a ffl in his state..he'll put the gun on his books. The ffl in the seller's state will transfer the gun to a ffl in your (buyer) state (its just a note in a book that's needed). Ffl in your state "sells" it to you. Or visa versa.

    Go to gunbroker.com to learn more and find ffls who do this...most charge 25-50 bucks for this service per/transaction.

    So, there is nothing wrong with it ...just not directly...technically its the ffl in the buyer's state that "sells" the gun ...
    Last edited by davidmcbeth; 03-03-2014 at 08:10 PM.

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    Quote Originally Posted by davidmcbeth View Post
    The seller needs to contact a ffl in his state..he'll put the gun on his books. The ffl in the seller's state will transfer the gun to a ffl in your (buyer) state (its just a note in a book that's needed). Ffl in your state "sells" it to you. Or visa versa.

    Go to gunbroker.com to learn more and find ffls who do this...most charge 25-50 bucks for this service per/transaction.

    So, there is nothing wrong with it ...just not directly...technically its the ffl in the buyer's state that "sells" the gun ...
    that is valuable information from atf's 5300-4, reference

    but also check out buds also as they also have decent prices.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Quote Originally Posted by RogueAussie View Post
    It would most likely be a handgun at the moment

    I buy guns all the time from gun broker and have them sent to my FFL here in ABQ. None of the delivery companys will ship to your door unless your an FFL so yes you will have to go through the transfer process and check. Gun Broker has a list of FFL to choose from. I use Tactical Shooters Supply on Menual by Louisiana myself they charge 25.00.


    6615 Menaul Blvd NE
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    Phone (505) 717-1953
    closed sunday/monday

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    Regular Member qednick's Avatar
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    Quote Originally Posted by RogueAussie View Post
    Yes Mate I am that person
    Well good for you John! I'm very interested to know the outcome since I'm a non-citizen (yet) also--although I'm probably more American than a lot of Americans when it comes to valuing the constitution and American values and I've lived here many years. I've CC'd in NM many many times and never even knew there was a potential issue in that state until I read about the lawsuit. From what I understand, the judge put an injunction against the rule? However, I see on the NM DPS site, if you're a legal permanent resident you still can't apply.
    I don't want to send this thread off on tangents so feel free to PM me.

    Nick

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    Quote Originally Posted by qednick View Post
    Well good for you John! I'm very interested to know the outcome since I'm a non-citizen (yet) also--although I'm probably more American than a lot of Americans when it comes to valuing the constitution and American values and I've lived here many years. I've CC'd in NM many many times and never even knew there was a potential issue in that state until I read about the lawsuit. From what I understand, the judge put an injunction against the rule? However, I see on the NM DPS site, if you're a legal permanent resident you still can't apply.
    I don't want to send this thread off on tangents so feel free to PM me.

    Nick
    At the moment it is in the judges hands we are waiting for the judge to make the injunction permanent fingers crossed it will be soon
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  15. #15
    Regular Member qednick's Avatar
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    Quote Originally Posted by RogueAussie View Post
    At the moment it is in the judges hands we are waiting for the judge to make the injunction permanent fingers crossed it will be soon
    Well I must say I appreciate you taking a stance on this issue--if I were a NM resident I'd have been happy to join your fight. Thankfully they don't have such a silly rule here in Texas when it comes to getting a CHL (though sadly we still can't open carry post 1899 handguns here).

    So are you still OC'ing there for now? Personally, I would OC where I could but CC in places where you can't OC such as grocery stores that sell alcohol, etc. A couple years ago I was subject to an attempted car jacking. Due to Texas not having OC I was CC'ing a small pistol in my front shorts pocket. Of course, I was strapped into my seat with the seat belt and it dawned on me the second this 250lb man high on drugs got into my passenger seat that I was unable to access my pistol. Thankfully I was able to defuse the situation and get the guy out my car without resorting to force. However, it really made me think about the whole CC vs OC thing.
    To cut a long story short... your life is no less valuable than anyone elses and you should be able to obtain the CC "government permission slip" so that you can choose how to carry given the situation you're in.

    Please keep us posted on the lawsuit!
    Nick

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    Cool

    Quote Originally Posted by qednick View Post
    I don't see why not. I seem to recall reading something somewhere about purchasing from neighboring states but I don't recall the details. Though I guess it all depends on whether it's a private sale or from a dealer. Worst case scenario I guess is that you have the seller send it to a local dealer who will then "transfer" it to you?
    I believe if you buy privately in Texas (for example), then you technically need a TX ID--though I also suppose that depends on how "private" the sale is. ;-)

    BTW, you wouldn't happen to be the Aussie subject of the SAF lawsuit regarding the NM CHL citizenship requirements would you? Just curious :-)

    Edit: I think this may have been what I read on the neighboring states thing:
    http://www.nraila.org/news-issues/ne...ew-mexico.aspx
    Mate the Judge has signed a a permanent injunction in the case which means that we have won now just to save up enough money so I can RE RE do the CCW course
    A gun Owner Is A Citizen
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    RA,

    If would help you any, I could make a donation towards your worthy cause...to get you into that CCW class sooner.

    Let me know...

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    Quote Originally Posted by cloudcroft View Post
    RA,

    If would help you any, I could make a donation towards your worthy cause...to get you into that CCW class sooner.

    Let me know...
    Thanks Mate but I think I have a way to do it and fingers crossed I should have it done by the end of next month
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    Quote Originally Posted by RogueAussie View Post
    Mate the Judge has signed a a permanent injunction in the case which means that we have won now just to save up enough money so I can RE RE do the CCW course
    Congratulations RogueAussie! Your time, effort and money to fight this have made it better for many and strengthened all the gun owner's 2nd amendment rights. Way to go.

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    Quote Originally Posted by snoball View Post
    Congratulations RogueAussie! Your time, effort and money to fight this have made it better for many and strengthened all the gun owner's 2nd amendment rights. Way to go.
    Thank You
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