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Rifle Purchase out of State

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  • Rifle Purchase out of State

    Okay, I am new here, but not new to guns and law enforcement. I am wondering if anyone has come up against this situation, and if so did you find a way to resolve

    I live in Florida and I am currently in Illinois. I found a .22 cal rifle at a very good price at Cabela's, which has several stores in Illinois, Indiana and Wisconsin among other locations. They do not have a store in Florida, Georgia or Alabama. Indiana will not sell me the rifle because Indiana law prohibits any firearm sale to a resident of any state but Indiana and contiguous states, Ill, Mi, Oh, Ky. Illinois will not sell it because they are totally screwed up about firearms. The problem is that the Wisconsin store will not sell it either, in spite of the fact that they have no prohibition about selling to a non-resident. The hang up is that they say that Florida has a law that says its residents may only buy firearms in Florida, Georgia and Alabama, the contiguous states.

    Here is the statute, part of Chapter 790: 790.28 Purchase of rifles and shotguns in contiguous states.--A resident of this state may purchase a rifle or shotgun in any state contiguous to this state if he or she conforms to applicable laws and regulations of the United States, of the state where the purchase is made, and of this state.

    Please note that it says "...may purchase a rifle or shotgun in any state contiguous to this state..." What it does NOT say is "...may only purchase in any state contiguous to this state..." I don't know about any of you, but I have always believed that anything not specifically prohibited in the law, was by definition permitted. I also am not sure how Florida can presume to regulate the conduct of a citizen who is not within its jurisdictional boundaries.

    I also know that I can have it shipped to a FFL close to my home, but by the time I pay the shipping charges and the fee to the FFL, I would lose the saving on the sale price.

    I simply wonder if anyone else has run up against this, and if anyone has any idea of a solution.

  • #2
    They're not going to sell it to you. Take the ad, if there is one, to Bass Pro in Florida and see if they'll match it.
    Go, Trump, Go!


    • #3
      Yep this law or regulation however you want to call it is really unfair. The FFL has to run a check prior to the sale so what's the difference if the sale in Fla., Ky., Mich., or wherever.

      Let's say you are out west on a hunting trip that you paid big bucks for, and something goes bad with your rifle. By law, you can't purchase another one so what do you do to complete your trip, watch the others in your group and wish you had brought 2 rifles with you?

      Maybe down the road this issue can be worked out to gun buyers satisfaction. Going one step further to what GSPKurt wrote, if are near a Bass Pro go there and see if they can do a deal at the sale price and then have the Bass Pro here in Fla hold the gun for you in sort of a layaway until you get back.
      You may not like guns, and chose not to own one. That is your right. You might not believe in God. That is your choice. However, if someone breaks into your home, the first two things you're going to do are, 1) Call someone with a gun, 2) Pray they get there in time.


      • #4
        That was quick for two helpful replies. I did not know that Bass Pro matched prices. I wil try that, and also try Gander Mountain.

        I do believe that the law should be changed, or that at least, the intent of it should be clarified. As written it makes not sense, and it apparently scares off places like Cabella's and other dealers also. That is understandable, none of them want to risk losing the FFL, I am sure.

        Thanks much.


        • #5
          go get a FFL you will never have this problem!
          CUSTOM SLR-106f in 5.56 (Zombie and Deer Hunter) have not shot a deer yet
          S&W M&P 15-22 with BSA red dot (Best Range Gun Ever!)


          • #6
            Didn't the federal Firearms law, passed under the Reagan administration in 1986, remove the restrictions for buying long guns out of state?
            If the gun is legal to own in one's home state, it may be purchased, in person through a dealer only, in any other state.
            Or it may be shipped to an accommodating dealer in one's home state.
            Either way.
            Last edited by g.willikers; 07-02-2010, 09:26 AM.


            • #7
              I believe that you are technically correct, the problem is that several of the states have passed legislation that is more restrictive than the federal legislation. That is, unfortunately, their right in a democratic republic such as we, thankfully, live in. I do believe that the Florida law is misinterpreted in other states. As I said earlier it does not say that citizens of Florida may ONLY buy long guns in neighboring states, it merely says that they may buy in neighboring states. Either way it makes little sense. I am actually thinking of writing to the Attorney General to see just what the official interpretation is. He is running for the Senate, so he may be cooperative enough to answer.


              • #8
                Your post has me very confused. I am currently also in Illinois for the hurricane season, as I am every year. Last year I got a hankering for a Mossberg 500, Home Defense shotgun. They had one on sale at the local Farm Store. They readily sold it to me with my FL. CCP. card. This year, I have already purchased ammo twice with no problems. I have also looked at guns and purchased ammo in Wausau Wisconsin at the Gander Mountain. They too needed only to see my CCP. If you don't have one then I can see a problem.
                When I retired to Florida, surrendered my Illinois driver's license and became a FL. resident, I could not renew my IL. FOID card because I no longer had my Dr. Lic. I also tried to get an IL. I.D. card because I still own a house in IL. but I could not. Turns out, I don't need it with my FL. CCP. What gives?


                • #9

                  I am as confused as you are, but your post gives me some hope that I can buy the gun I want here, or at least near here. Remember, I only asked Cabella's about the purchaseand they told me they could not sell it because Florida would prohibit the sale. I have NOT talked to Gander Mountain or Bass Pro Shops. I was at a range in Plainfield with one of my sons last week, and because I was not a resident, without a FOID card they would not sell me ammunition to use on the range, said that they would not rent me a gun, which was not a problem because between us we had several, and they would not even let me rent a range lane. My son had to rent it and we shared it. They also told me that they would not, and could not sell a rifle to me because I had no FOID card and also that florida would prohibit it. They were quite pleasant about all of this, but they also said that if my son now tried to purchase the rifle they could not sell it to him because they had to anticipate it being a "straw man" purchase.

                  I suspect that a great deal of the confrusion is because many of the FFL's put their own interpretation on these rules and laws. Many of them, especially some of the biggest ones like Cabella's, interpret them conservatively because they want to protect their license. That is understandable. Remember that I am in Chicago, and the immediate area. I suspect that you are from a rural type area. It is possible that the dealer you bought from knows you as a former resident with an FOID card and may have just assumed that you still had one. Maybe he knows you and sold in spite of the law because you are good friends. Perhaps he is not quite as concerned as the larger sellers about his FFL. The variables are endless. The law in Illinois is pretty clear, no FOID, no sale of arms or ammo. There are, I believe, exceptions for the purchase of ammo for licensed, out of state hunters. My wife is from northeastern Wisconsin, and I have bought ammo there without showing anything except a driver's license so that they had a record of the fact that I am over 21, way over 21. Some liquor stores there do the same thing and it is nice to be carded again.

                  Any way I do intend to stop at the Gander Mountain in Sheboygan on our way up that way this year and see what their price is and what their policy is on this. I may also take a ride to the nearest Bass Pro Shop and see what they say. Fortunately, my sons and I enjoy browsing in gun shops, so it is no big deal to go there.

                  I do have a florida CCP, and I am retired law enforcement. Incidentally, do you know if Gander Mountain would have imposed a waiting period if you purchased a rifle from them?


                  • #10
                    I just happened to think. All of us is smarter than one of us, so maybe some of you can tell me if Cabella's price of $260 for a Henry .22, H0001, their standard .22 LR lever action is competitive with local gun dealers in Central Florida. If it is, I would just as soon buy it locally when I return in August. It is the best priceI have seen, but I really did not do any serious shopping.


                    • #11
                      If this is the standard lever action Henry H001 model:

                      In the Bradenton area $260.99, plus the $5 record check, plus Fl tax. (in stock) At Bullet Blasters (Pat Flynn) on 10th St. in Palmetto. I have done business with Pat and he's good to do business with. Give him a call, 941-773-5011.

                      I saw them in stock, online at Midwest Hunters Outlet $233 and change plus $25 shipping, plus FFL transfer and the ever loving $5 record check. No tax though.
                      You may not like guns, and chose not to own one. That is your right. You might not believe in God. That is your choice. However, if someone breaks into your home, the first two things you're going to do are, 1) Call someone with a gun, 2) Pray they get there in time.


                      • #12
                        My stepson's best friend is an IL. State Cop and he was the one who told me my FL. CCP would take the place of a FOID card anywhere in IL. except Chicago. None of the places I purchased from knew me before, as I lived in a suburb of Chicago before retiring to FL. The Gander Mountain and Farm Store are in the Springfield area. I'm afraid there are too many police and business's that simply don't know the laws, but I can't really blame them as every city, state and county can make their own.


                        • #13
                          Late chiming in but I understood that the "contiguous states" included all of the lower 48 and Washindton DC.


                          • #14
                            Originally posted by JohnH View Post
                            Late chiming in but I understood that the "contiguous states" included all of the lower 48 and Washindton DC.
                            Unfortunately .. I believe contiguous, in this context, means: having a common border.

                            Makes absolutely no sense now but my guess is that the law was designed to make life a little easier for those living near the border where a store selling firearms in a "contiguous" state may be significantly closer than one in the state. May also have been influenced by an attempt to protect Florida commerce.

                            Very annoying.


                            • #15
                              I believe that rse2fl is exactly correct, that the continuous state language put in the law was to protect those near the borders of all 3 states, Florida, Alabama and Georgia. My own thought is that it was more to put dealers in Alabama and Georgia at ease as far as Florida law is concerned. Remember that out of state sales must comply with the state of sale and the state of the purchaser's residence. The language makes it clear that those 2 states can sell to Florida residents without danger to their FFL.

                              As far as what gungeezer says about Illinois, he is correct about exceptions to FOID requirements for out of state purchasers. The problem is that there is no actual license to merely possess in Florida, although there is a Concealed Carry License. Many licensees will not recognize the CCL as a license to possess. I know that it makes no sense, but it is after all their business, and this becomes much more of a problem as one nears the Chicago/Cook County area. Remember that the Chicago Police, whom I served for a long time, largely in command rank, has been known over the years to send "undercover" operatives into surrounding areas to try to purchase "illegally" in an effort to put legitimate gun shops out of business. I had some serious disagreements with this policy, but when you have a Mayor that bulldozes an airport in the middle of the night so that he can close it, it often becomes impossible to inject logic into discussions.


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