Can i purchase a gun in a private sale from another state?

[stonedkirby]

So i found a nice XD 9mm being sold in oregon on an online classified, but im washington resident. could i purchase a gun from a private seller in a state touching mine and legally bring it back? i know you can purchase a gun privately without doing any paperwork or registration from a fellow state resident, but i read that oregon residents can buy from WA and other sorrounding states, can i do the same?

[brock samson]

From Gun Buying for the Paranoid | Eagle Firearms

It is illegal for a dealer to sell a handgun to a resident of another state, without transferring the handgun through a local dealer in the buyers state. More painful for the buyer…great for us dealers! If you live in Oregon and purchase a handgun from a washington dealer (even if you walk into the shop) the dealer must transfer that handgun to a dealer in Oregon where you can pick it up. In this case the dealer in Oregon is responsible for the back ground check and transferring of the gun. This dealer will most likely charge you a transfer fee. Big chain stores have it easy as they can have you just pick up the gun at their store in another state.

[brock samson]

Looks like some paperwork and FFL expense involved, but legal to do so.

[Red Hat]

You can't purchase a handgun, rifle or shotgun in a private sale from another state. It's not Legal! Rifles and shotguns may be purchased only if they are purchased from a FFL dealer.

ATF Online - Firearms FAQs

B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

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

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

[NavyLT]

Red Hat is correct. Also, the contiguous state law that was in the GCA of 1968 was repealed in a 1986 amendment. Now, residents in most states can purchase rifles and shotguns from FFLs in most other states, not just those touching each other.

[vn6869]

Red Hat is citing the ATF - which regulates dealers.

The discussion was about private purchase from private sale.
Sounds like it could reasonably be legal.

[NavyLT]

Originally Posted by vn6869

Red Hat is citing the ATF - which regulates dealers.

The discussion was about private purchase from private sale.
Sounds like it could reasonably be legal.

OK, then, how about Federal Law:
18 USC 922 (a)(3) and (a)(5):

(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;

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

If a firearm is purchased in a private sale from a resident of a different state than the buyer, without the transfer going through an FFL, the buyer commits a felony violating 18 USC 922(a)(3) and the seller commits a felony violating 18 USC 922(a)(5).

A handgun MUST be transferred by an FFL in the buyer's state of residence. A rifle or shotgun may generally be transferred by an FFL in either the buyer's or seller's state of residence.

http://www.law.cornell.edu/uscode/18...2----000-.html

[stonedkirby]

ok, makes sense, thank you!

[NavyLT]

Originally Posted by stonedkirby

ok, makes sense, thank you!

I am glad it makes sense to you! It doesn't make any sense at all to me. But it is the law!

[Red Hat]

Originally Posted by vn6869

Red Hat is citing the ATF - which regulates dealers.

The discussion was about private purchase from private sale.
Sounds like it could reasonably be legal.

You'd better re-read the law. Private purchases out of state is regulated by the ATF.