Gregory Kielma • November 26, 2024
Is it legal for me to purchase a gun from a neighboring state that has no wait time? The gun being purchased will be legal to own in my state, just hoping to avoid the wait time if legal.This is a subtitle for your new post
California Golden Gate Bridge
Is it legal for me to purchase a gun from a neighboring state that has no wait time? The gun being purchased will be legal to own in my state, just hoping to avoid the wait time if legal.
Gregg Kielma
FFL-Firearms Instructor-Gunsmith
No. This is a common myth that you can go from a state with stricter laws to one with more relaxed laws and just buy a gun there.
Says, FFL-Instructor and Gunsmith Gregg Kielma.
“If you do not understand laws pertaining to firearm purchases from one state to another, it’s incumbent on you to know the laws. You can’t buy a firearm in (name a state) and take it back to your state, it’s illegal. The transaction needs to be completed by an FFL on both side of the transactions. If you don’t know the laws, you are subject to going to jail and possible becoming a convicted felon. Ignorance of the law is not an excuse”. Continues Kielma, call me and I can help you with the purchase and do it properly. Will laws change, sure they will says Kielma. Kielma, continues, "know the laws before doing something that can impact your life in a very bad way. Take a look below".
Under Federal law handguns cannot be bought across State lines anywhere. They must be shipped to a dealer in your state of residence.
Under Federal law long guns (rifles and shotguns) can be bought across State lines but the laws of BOTH States must be followed! Meaning if your state imposes a waiting period, the other state must impose it as well. You cannot avoid your state’s gun laws by going somewhere else. If your state requires you to transfer through a dealer in your state (i.e. California) then you must have a long gun bought out of state shipped to a dealer in your state for transfer.
ADDENDUM:
Seems a lot of people think you can cross State lines and buy a gun legally from a private seller or from an FFL. You cannot. The Gun Control Act of 1968 forbids this.
For those challenged on the law seem to believe that you can do this, here are the relevant sections.
18 USC 922(a)(1)(A) deals with purchases across State lines in general.
a) It shall be unlawful—
(1)for any person—
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
Licensees are gun shops, manufacturers, pawn shops and licensed collectors. Non-licensees are everyone else. You know if you’re a licensee because you will have a Federal Firearms License in your possession. Those who hold one know exactly what it is and what it looks like.
So, per above if you are not a licensee you cannot travel to any State and buy a gun from anyone who is likewise not a licensee. The only exception to this provision is inheritance of a firearm. Then the executor of the estate can hand you the guns and you can take them home.
The next provision is the one dealing with the idea that you can travel to another State to avoid strict gun laws in your home State which is the basis of the question. You cannot per the terms of 18 USC 922(b)(3):
(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;
Emphasis mine. There is the exact restriction on complying with the laws of both states I am referring to in my answer. You cannot travel across state lines to purchase a handgun anywhere because this provision applies only to rifles and shotguns and that the law explicitly states that an out-of-state licensee can only sell a firearm to a transferee (you and me) if and only if the laws of both states are complied with.
So, there are relevant sections of law for people who seem to believe otherwise.
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