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What is the actual law on Florida residents purchasig Long Guns outside the state?

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  • #16
    Welcome to the world of state laws. :)

    The assault weapons ban and the Brady Act for the Prevention of Handgun Violence are two separate entities. The Brady law is what gives us the NICS system and background checks, the five day waiting period (for states that have none) and a number of interstate regulations on firearms transfers. Some provisions in the original act were temporary, but most were permanent.Currently, only four states have firarm registration, California being one, and you cannot bring a firearm into the state without registering it. The process of registration in most of those states requires a FFL be involved.

    Jeff

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    • #17
      Another confusing and stupid law. What difference does it make it you bought a firearm in IL, KY, or AR? does it become far more deadlier because it was bought in another state? The Gun Control Acts etc. were made to make it more of a pain to buy firearms. The goal is to make it where people just give up buying firearms because of the hoops to jump through.

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      • #18
        Originally posted by weaselfire View Post
        Okay, here's the actual law. Federally, the Brady law for sale of firearms to non-licensed individuals, those without a FFL, applies to handguns and long guns, any firearm as defined by Federal laws. That means a buyer from out of state buying from a licensed firearms dealer (FFL) must have that firearm transferred to a FFL in the state of their residence. Period.

        It gets murkier buying from an individual and becomes subject to state laws. In general, you are likely okay to buy a long gunb privately in Georgia and drive it home to Florida. Keep in mind you may end up as a test case... :)

        Jeff
        I'm not an expert, but I'm under the impression you can purchase a long gun while out of state from a license gun dealer. And the gun doesn't have to be transfered to a FFL in your state. But a private party can't sell to you unless through an FFL. I think handguns also can't be purchased by an out of state resident unless purchased through a FFL and then transfered to an FFL in the buyer's state.
        Last edited by Ed308; 10-22-2014, 10:17 PM.

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        • #19
          Now that everyone is done providing their interpretations of the "law" here is the actual law amd the ATFs interpretation of the law.


          Q: 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.
          [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]



          Permitted Sales to Non-Residents of Your State

          You may sell a firearm to a person who does not reside in your State by shipping the firearm to a licensed dealer in the buyer’s State of residence and having the buyer take possession of the firearm from that licensee. The licensed dealer in the buyer’s State of residence is responsible for the Form 4473 and NICS background check. Your A&D records should reflect the transfer to the out-of-State FFL and not to the end purchaser.

          You may make an over-the-counter sale of a rifle or shotgun to a non-resident if the transaction complies with all the laws of your State and the laws of the buyer’s State.
          http://www.atf.gov/files/publication...-p-5300-15.pdf


          Note, there is NO REQUIREMENT for contiguousness between states. So long as the rifle is legal in FL and the state you are purchasing it in, you can purchase it out of state, on the spot from an FFL- no transfer required in FL
          This has been done numerous times in the past.


          ATF does not read State laws that refer to “contiguous states” as prohibiting sales of long guns to residents of noncontiguous states unless the language contained in that State’s law expressly prohibits residents from acquiring firearms outside that State. Thus, if the language in the State laws authorizes sales of long guns to residents of contiguous states, that State law also authorizes the sale of long guns to residents of all other states.
          https://www.atf.gov/firearms/industr...onth-2010.html
          Last edited by 305tillimove; 10-23-2014, 05:50 AM.

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