wylde007 wrote:
peter nap wrote:
A long gun is different and you can sell to someone in a contiguous state.
Cite, please?
Because if that was the case I could buy all the long guns I wanted to from North Carolina... but I'm pretty sure that I cannot.
It gets a little complicated. Like a lot of the GCA, there are conflicting provisions. According to one part, anyone from any state can purchase from an FFL in any other state.
From ATF FAQ section:(B2) 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]
We all know that's not really true and it was construed early on that only Contiguous states could participate. This was because of many state Contiguous sale laws which were copied from the original GCA.
The act was amended to make it more confusing in 86. This is a good discussion of it in the FFL news letter.
In an article that appeared in the December 2002
edition of the FFL Newsletter, we advised FFLs
that the “contiguous state” provisions of the Gun
Control Act were amended in 1986, and that the
GCA allows dealers to sell or dispose of a long
gun to a resident of another state provided, (1) the
purchaser was not otherwise prohibited from
receiving or possessing a firearm under the GCA,
and ( 2) the sale, delivery and receipt fully comply
with the legal conditions of sale in the buyer’s and
seller’s States.
The condition of sale relating to compliance with
the applicable laws of both States cited above
continues to cause confusion among dealers,
particularly among those dealers who conduct
business in a State whose laws presently contain
language that allows “contiguous state” sales.
Historically, prior to the 1986 amendments to the
GCA, many States enacted provisions in their laws
that allowed their residents to acquire a long gun in
a contiguous State. For the most part, these State
law provisions were modeled after the contiguous
state provisions of the GCA. However, even
though the GCA was amended in 1986 to allow
the sale of long guns to residents of any State
pursuant to the conditions cited above, many States
have not yet amended their laws to reflect similar
language. ATF takes the position that if the laws
of a given State allow its residents to acquire a long
gun in a contiguous State, those laws also allow its
residents to acquire a long gun in any other State
where the laws of that State permit such
transactions, unless the language contained in that
State’s law expressly prohibits it residents from
acquiring a firearm outside that State. Questions
regarding particular State law provisions should be
referred to your local ATF office.
Firearms laws will give you a headache.
When I was building AR's, I had a fit over serial numbers. After hundreds of hours reading the ATF rules and IRS rules and VA law, the ATF and I decided it DID NOT need a number for personal use but did need something that did not need to be registered, for state use.
The reason for not needing to register the number was because that's an IRS tax number and personal use guns are tax exempt.
Fun Huh!