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Thread: What are the rules on handgun purchases in Idaho?

  1. #1
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    OCDO and my buddies have convinced me to move beyond just rifles and pick up a handgun (so I can OC it, of course) and I saw some pistols that I really liked at Cabelas a week ago or so.

    At the time I wasn't thinking about buying, but now I am.

    the situation is this:

    I'm a Washington resident
    On a business trip to Spokane (lengthy, I'll be here a couple more weeks)
    Do not yet have a CC permit but won't have any problem getting it, just need to go apply

    Bottom line: I'm wondering if there is any waiting period to purchase a pistol in Idaho, for a washington resident?

    Thanks in advance.

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    It is a federal regulation that you must be a resident of the state you intend to purchase the firearm from. This also applies to FFL Transfer.

    This means you can only purchase a handgun in your home state of Washington.

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    BrianEMT wrote:
    It is a federal regulation that you must be a resident of the state you intend to purchase the firearm from. This also applies to FFL Transfer.

    This means you can only purchase a handgun in your home state of Washington.
    Oh. I didn't know that.

    So I can't even buy a handgun from Cabelas then?

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    Yes, you can. As a Washington resident you can buy a handgun in any of the 50 states that you choose.

    HOWEVER, you CANNOT take possession of that handgun from anybody other than an FFL in the state of Washington. Generally, retail stores such as Cabelas will not do this type of transaction.

    This is how mail order stores and private citizens sell handguns accross state lines, the handgun is purchased from an out of state seller, the seller ships the handgun to a Washington FFL, you go to the Washington FFL, fill the 4473, pay their FFL transfer fee and get your gun. All normal Washington waiting times/requirements apply.

    BTW, this is Federal law, contained in 18 USC 922.

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    NavyLT wrote:
    Yes, you can. As a Washington resident you can buy a handgun in any of the 50 states that you choose.

    HOWEVER, you CANNOT take possession of that handgun from anybody other than an FFL in the state of Washington. Generally, retail stores such as Cabelas will not do this type of transaction.

    This is how mail order stores and private citizens sell handguns accross state lines, the handgun is purchased from an out of state seller, the seller ships the handgun to a Washington FFL, you go to the Washington FFL, fill the 4473, pay their FFL transfer fee and get your gun. All normal Washington waiting times/requirements apply.

    BTW, this is Federal law, contained in 18 USC 922.
    Oh, ok. Well that's that I guess

    Thanks for your help guys. This community is geat

  6. #6
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    Well if you want to split hairs, technically yes, you can do anything you want. But in the cost of an outbound transfer fee plus shipping, usually $25, and an inbound transfer fee of usually $30, you are looking at an unnecessary $55 extra charge that you could have spent just buying the firearm locally.

    Opinion:

    "Besides, they have overly inflated prices and poor service."

    I'm sorry if I sound like an *******, just trying to make everything as hassle-free as possible. Hope this helps.

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    thewise1 wrote:
    I'm a Washington resident
    On a business trip to Spokane (lengthy, I'll be here a couple more weeks)
    Do not yet have a CC permit but won't have any problem getting it, just need to go apply

    Bottom line: I'm wondering if there is any waiting period to purchase a pistol in Idaho, for a washington resident?
    So, you reside in Washington, and are on a lengthy business trip in Spokane, Washington, and now you want to buya handgun in Idaho?

    Don't understand your fact pattern.

    If you were on an extended business trip in Idaho and "making a home" there, then federal law would not forbid your bringing a newly acquired handgun back to Washington with you - a private sale would be easiest. But again, your fact pattern makes no sense.

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    Mike wrote:
    thewise1 wrote:
    I'm a Washington resident
    On a business trip to Spokane (lengthy, I'll be here a couple more weeks)
    Do not yet have a CC permit but won't have any problem getting it, just need to go apply

    Bottom line: I'm wondering if there is any waiting period to purchase a pistol in Idaho, for a washington resident?
    So, you reside in Washington, and are on a lengthy business trip in Spokane, Washington, and now you want to buya handgun in Idaho?

    Don't understand your fact pattern.

    If you were on an extended business trip in Idaho and "making a home" there, then federal law would not forbid your bringing a newly acquired handgun back to Washington with you - a private sale would be easiest. But again, your fact pattern makes no sense.
    Spokane is on the WA/ID border. Cabella's is in Post falls, on the Idaho side of the line. There is a Cabella's in Washington, but it's 300 miles west of him in Olympia.

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    BrianEMT wrote:
    Well if you want to split hairs, technically yes, you can do anything you want. But in the cost of an outbound transfer fee plus shipping, usually $25, and an inbound transfer fee of usually $30, you are looking at an unnecessary $55 extra charge that you could have spent just buying the firearm locally.

    Opinion:

    "Besides, they have overly inflated prices and poor service."

    I'm sorry if I sound like an @#$%, just trying to make everything as hassle-free as possible. Hope this helps.
    Yeah, it definitely does help. I'll just go through the whole process in Washington when I get home. Was hoping that since Idaho doesn't seem to have a waiting period I could just pick it up.

    *shrug* no biggie

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    Mike wrote:
    thewise1 wrote:
    I'm a Washington resident
    On a business trip to Spokane (lengthy, I'll be here a couple more weeks)
    Do not yet have a CC permit but won't have any problem getting it, just need to go apply

    Bottom line: I'm wondering if there is any waiting period to purchase a pistol in Idaho, for a washington resident?
    So, you reside in Washington, and are on a lengthy business trip in Spokane, Washington, and now you want to buya handgun in Idaho?

    Don't understand your fact pattern.

    If you were on an extended business trip in Idaho and "making a home" there, then federal law would not forbid your bringing a newly acquired handgun back to Washington with you - a private sale would be easiest. But again, your fact pattern makes no sense.
    Basically, what Right Wing Whacko said.

    I reside in Lake Stevens, which is in Western Washington. I'm with a management consulting firm, doing a Sharepoint implementation at a bank in Spokane, which is in Eastern Washington, on the Idaho border.

    I'll be heading home next friday, probably. Have been here for 3 weeks now, give or take. Didn't want to start a waiting period on a firearm in Spokane when I might get called back home without warning and then not be able to take delivery.

    As a result, I thought maybe I could use Idaho to get around the wait and just not need to worry about that inconvenience.

    Make sense?

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    Just go buy one at the Sportsmans Warehouse in the Spokane Valley Mall. Cabelas doesn't have the ringer on prices anyway, as cool as the new Post Falls store is, you will probably get better pricing at the Sportsmans Warehouse anyway. I have.

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    I say go find the little guy with an FFL, dealing out of his basement. I do that with all my firearms now; as they are very quick, and happy to serve. and your 73 form is usually stashed into a lil box with few others.

    Plus, they're a helluva lot cheaper than any of the "stores" My wife's Khar was about 80 bux cheaper than sportsman's. And they can get it for you B4 the "cool-off" period ends.

    Do a google search on some in your area.

  13. #13
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    If you still need an FFL, I'll do you one better.

    Here is a comprehensive list of everyone in your area, just enter a city or zipcode:

    http://www.gunbroker.com/User/DealerNetwork.asp

  14. #14
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    Wait up a second.... I talked to a couple of gun clerks over the weekend, and they said (insert grain of salt here- one guy was a Walmart clerk) that its no problem for someone to buy it in Idaho. The only catch with Handguns was that they would FedEx it to you, as you cant take delivery of it till your back in Washington.

    I'd ask the guy where you wanna buy it from (in Idaho). And if He sells it to you; Hey, He'll take the heat if something is amiss.

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    GnGKlinger wrote:
    Wait up a second.... I talked to a couple of gun clerks over the weekend, and they said (insert grain of salt here- one guy was a Walmart clerk) that its no problem for someone to buy it in Idaho. The only catch with Handguns was that they would FedEx it to you, as you cant take delivery of it till your back in Washington.

    I'd ask the guy where you wanna buy it from (in Idaho). And if He sells it to you; Hey, He'll take the heat if something is amiss.
    If he sells it to you, both the buyer and the seller will take the heat, because both parties have committed separate felonies. Both of their actions are illegal according to the two separate parts of Title 18 Chapter 44 Section 922. The first paragraph below refers to the buyer, the second paragraph refers to the dealer:

    Sec. 922. Unlawful acts

    (a) It shall be unlawful--

    (3) for any person, other than a licensed importer, licensed
    manufacturer, licensed dealer, or licensed collector to transport
    into or receive in the State where he resides
    (or if the person is a
    corporation or other business entity, the State where it maintains a
    place of business) any firearm purchased or otherwise obtained by
    such person outside that State
    , except that this paragraph (A) shall
    not preclude any person who lawfully acquires a firearm by bequest
    or intestate succession in a State other than his State of residence
    from transporting the firearm into or receiving it in that State, if
    it is lawful for such person to purchase or possess such firearm in
    that State, (B) shall not apply to the transportation or receipt of
    a firearm obtained in conformity with subsection (b)(3) of this
    section, and (C) shall not apply to the transportation of any
    firearm acquired in any State prior to the effective date of this
    chapter;

    (b) It shall be unlawful for any licensed importer, licensed
    manufacturer, licensed dealer, or licensed collector to sell or
    deliver--


    (3) any firearm to any person who the licensee knows or has
    reasonable cause to believe does not reside in
    (or if the person is
    a corporation or other business entity, does not maintain a place of
    business in) the State in which the licensee's place of business is
    located, except that this paragraph (A) shall not apply to the sale
    or delivery of any rifle or shotgun
    to a resident of a State other
    than a State in which the licensee's place of business is located if
    the transferee meets in person with the transferor to accomplish the
    transfer, and the sale, delivery, and receipt fully comply with the
    legal conditions of sale in both such States
    (and any licensed
    manufacturer, importer or dealer shall be presumed, for purposes of
    this subparagraph, in the absence of evidence to the contrary, to
    have had actual knowledge of the State laws and published ordinances
    of both States), and (B) shall not apply to the loan or rental of a
    firearm to any person for temporary use for lawful sporting
    purposes;

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    Actually, the FFL seller would be committing up to two more separate felonies as well, bringing the toal up to possibly three:

    (2) for any importer, manufacturer, dealer, or collector
    licensed
    under the provisions of this chapter to ship or transport
    in interstate or foreign commerce any firearm to any person other
    than a licensed
    importer, licensed manufacturer, licensed dealer, or
    licensed collector, except that--
    (A) this paragraph and subsection (b)(3) shall not be held
    to preclude a licensed importer, licensed manufacturer, licensed
    dealer, or licensed collector from returning a firearm or
    replacement firearm of the same kind and type to a person from
    whom it was received; and this paragraph shall not be held to
    preclude an individual from mailing a firearm owned in
    compliance with Federal, State, and local law to a licensed
    importer, licensed manufacturer, licensed dealer, or licensed
    collector;

    And if they did not give written notice to the carrier:

    (e) It shall be unlawful for any person knowingly to deliver or
    cause to be delivered to any common or contract carrier for
    transportation or shipment in interstate or foreign commerce, to persons
    other than licensed
    importers, licensed manufacturers, licensed dealers,
    or licensed collectors, any package or other container in which there is
    any firearm or ammunition without written notice to the carrier that
    such firearm or ammunition is being transported or shipped;



    So, now we have the buyer committing one felony and the FFL seller committing up to three felonies! Yes, you are right, you must take what Walmart clerks say with a very big grain of salt! Maybe they will be cellmates together...

  17. #17
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    Cool, I guess we have an answer to that then.

    Just to play devils advocate though; Why does Wally-World have that little sign above their gun display that shows Idaho, Utah, Wyoming, Colorado, Washington, Oregon, and Nevada in Red, all other states in green.

    The Key below that map states "If you live in one of the states in red, you may purchase a firearm at this Walmart Location." :?

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    Bacause the rules are different for long guns than they are for handguns. The OP asked about buying a handgun in Idaho.

    Long guns can be sold by FFL's to out of state residents - I am summarizing here - so long as the purchase occurs in person with the FFL and the sale is according to the restrictions in state laws in both the buyer's and seller's states.

    So the list that you see at Walmart is for long guns and summarizes the restriction's in both states' laws, therefore showing which state residents it is legal to sell to and which it is not, but again, only applies to long guns which is all that Wal Mart sells.

    HOWEVER, it would still be illegal for the FFL to ship that long gun to the private party out of state unless it was a return due to repair.

    (3) any firearm to any person who the licensee knows or has
    reasonable cause to believe does not reside in (or if the person is
    a corporation or other business entity, does not maintain a place of
    business in) the State in which the licensee's place of business is
    located, except that this paragraph (A) shall not apply to the sale
    or delivery of
    any rifle or shotgun to a resident of a State other
    than a State in which the licensee's place of business is located if
    the transferee meets in person with the transferor to accomplish the
    transfer, and the sale, delivery, and receipt fully comply with the
    legal conditions of sale in both such States
    (and any licensed
    manufacturer, importer or dealer shall be presumed, for purposes of
    this subparagraph, in the absence of evidence to the contrary, to
    have had actual knowledge of the State laws and published ordinances
    of both States), and (B) shall not apply to the loan or rental of a
    firearm to any person for temporary use for lawful sporting
    purposes;

  19. #19
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    One additional cost you may be forgeting. Most of the FFLs in WA will also charge you sales tax, at least from what I've seen on their notices.

    Can someone confirm this?


    Walker

    BrianEMT wrote:
    Well if you want to split hairs, technically yes, you can do anything you want. But in the cost of an outbound transfer fee plus shipping, usually $25, and an inbound transfer fee of usually $30, you are looking at an unnecessary $55 extra charge that you could have spent just buying the firearm locally.

    Opinion:

    "Besides, they have overly inflated prices and poor service."

    I'm sorry if I sound like an @#$%, just trying to make everything as hassle-free as possible. Hope this helps.

  20. #20
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    Yes indeed. FFL in Washington MUST charge you sales tax.

    I have purchased from out of state via Gunbroker.com. Never had a "transfer out" fee. Had to pay shipping & handling (typically $20 or $25) and my FFL fee to my Washington dealer ($20). The price break by finding it on an auction site made up for these costs.

    Unfortunately, not being a private party sale, there is a paperwork trail on all of these transactions. But private party sales of handguns are not legal unless you reside in the same state. It would be difficult to prove that one had received a pistol from out of state unless there was some sort of documentation, but there it is.

    I did receive a handgun in my father's personal effectsfrom the local police department in Lousiana when he passed away. They did not even make me show identification or my CHL to receive it in the secure portion of the facility, just handed it to me unloaded, full magazines next to it, stapled inside a brown paper shopping bag. I did request to clear it myself before walking out with it, and they allowed that and re-stapled the bag.
    Be prepared. Be very prepared.

    http://swwsurplus.com/ *** 2519 E Fourth Plain Blvd Vancouver WA 98661 *** 360.314.6687
    http://www.facebook.com/SouthWestWashingtonSurplus *** https://twitter.com/SWWSurplus

  21. #21
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    Walker wrote:
    One additional cost you may be forgeting. Most of the FFLs in WA will also charge you sales tax, at least from what I've seen on their notices.

    Can someone confirm this?


    Walker

    BrianEMT wrote:
    Well if you want to split hairs, technically yes, you can do anything you want. But in the cost of an outbound transfer fee plus shipping, usually $25, and an inbound transfer fee of usually $30, you are looking at an unnecessary $55 extra charge that you could have spent just buying the firearm locally.

    Opinion:

    "Besides, they have overly inflated prices and poor service."

    I'm sorry if I sound like an @#$%, just trying to make everything as hassle-free as possible. Hope this helps.
    If you purchased the firearm in Washington, yes you are required to pay sales tax like anything else. If you purchased the firearm in Idaho, for example from a seller on GunBroker, he would not charge you sales tax. If he does, it would be for the State of Idaho only, 6%.

    The last gun I bought from a citizen in Oregon, he brought it to a dealer, who shipped it out, and to another dealer here, where I picked it up. In the process incurred two different fees, which just about equaled out anyway.

  22. #22
    Regular Member Gunslinger's Avatar
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    If you want to buy a handgun in one state from a FFL and have it sent to another (home) state FFL who will do the paperwork NICS before turning the weapon over to you, that is 100% legal under Federal Law. Am I missing something here? If you buy it from a private citizen who then renders it to a FFL as bailee to ship to your home state FFL, that is 100% legal as well. You simply cannot make a non-FFL involved purchase out of your home state and cannot transport the weapon yourself to your state from a FFL purchase. Of course, state laws are not being considered here.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    test
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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