imported post
HELP!!!! I can't purchase a 22 rifle in Idaho because I have Wa id, but now live in Idaho. One store told me to buy rifles that it wasn't a problem. sportsmans told me not only would they not sell me the rifle because my id was out of state but they wouldn't even sell my brother the same rifle who has an ID id. Is it easier to buy from the stores honestly or from someone off the street??
There is no ID state law that prohibits the store from selling a long gun to any OOS resident who is otherwise qualified. Neither are they compelled to sell to even a qualified buyer (unless the reason is prohibited by law – race, sex, religion….)
Go get an Idaho ID, takes only 15 mins or less, they issue them on the spot.
Absolutely. If you are an ID resident then you ought to have at least one ID ID (I like that!)
and since you brother was with you, and they knew he was gonna buy it on your behalf, this is considered a Straw purchase which is illegal, and they can lose there FFL, so wait a couple days and send your brother back to buy the gun, and he should have no problems. or go get your Idaho ID, simple as that.
If this is true, you dodged a legal bullet. However, sending brother back later does not make it any less a straw purchase. It isn’t that difficult to do what you desire quickly and legally. Are there other facts/factors than you have not disclosed?
They can sell a rifle to a non-resident as long as it is a bordering state. Sportsman Horehouse seems to only hire the uneducated. Take your business elsewere.
Antiquated info Bob – the contiguous state rule went away a loooong time ago. The state statutes that reference it are permissive not prohibitive. I think most such statutes were repealed after the change in federal law.
Welcome to OCDO! Only buy legally and honestly whether from a store, dealer or a private sale.I'd recommend justgetting the proper ID asit will avoid a whole lot of hassles all around.
Well stated.
Mike
Super Moderator
Whoaaaa - SSN cannot be required to buy guns from dealers. See Section 7 of the Federal Privacy Act; Stollenwerk v. Miller (E.D.P.A 2006).
You are correct however, your case does not control outside of the Eastern District. It could be that others may have to refight the battle especially in states that demand SSN for LTC (whether OC or CC) calling it a “recreational license” subject to 42 USC 666. And there is nothing you can do (other than moving your business elsewhere) if the merchant insists upon it.
I purchased a rifle from Moscow pawn and another from the Moscow Big 5 with absolutely no issues, and I live in WA.
Q.E.D.
FYI. Federal law states that you must have the paperwork for a HANDGUN done in the state that you are a resident of. If you have a WA state ID - you are a WA state resident for the purchase. Therefore you would have to purchase the handgun in WA or pay for it in Idaho and have the firearm transfered to a dealer in WA. We do this fairly often between our Spokane and CDA stores.
Actually it is not illegal to purchase a handgun in another state. It is illegal to sell one, however so the point is really moot. If you did purchase a handgun in another state, the only restriction would be that you could not bring it into your state of legal residence, any of the other 48 is fine (subject to local laws, etc.)
