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  #1  
Old 07-12-2008, 11:55 AM
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Default Out of state resident buying a gun in GA

My brother in law is in town and we are headed to the gwinnet show. Can he legally purchase a gun there and then transport it in the trunk of the car to PA? Or would he have to buy it there and then have it shipped to a ffl in PA.

I plan on asking the dealers at the show but I figured I would check on here before we went.

Thanks
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Old 07-12-2008, 12:25 PM
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He should be able to buy a long gun from a dealer, but not a handgun. If it is bought from a individual out front, or walking around he should be able to buy whatever he wants that it a private transaction. Just like buying it from the classifieds. The transportion I dont know about. As long as its unloaded and not "HOT" there should not be any problem. Im not an expert on GA laws but thats the way it is here in TN also I've bought a few at shows in Dalton and private sales with no problem. Im sure what ever I am wrong about will be corrected.
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Old 07-12-2008, 12:38 PM
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It is ILLEGAL to buy a gun from anyone other than a dealer from a state you do not reside in. This means DO NOT BUY FROM AN INDIVIDUAL walking around at the gunshow unless they are from your state. Buying from a dealer at the show (assuming they have an ffl) should be fine. When they do the paperwork, they will "transfer" the firearm to whoever buys it. Check out the faq site on the ATF website. It is very informative and easy to read.
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Old 07-12-2008, 12:40 PM
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Private sellers can not sell firearms to residents of another state, or a person who is a convicted felon, or a person who is under the legal age to own a firearm.
It is a felony.

An out of state resident can buy long guns only from FFL dealers direct.
Private transactions of long arms must go through an FFL if the buyer/seller is from out of state.
All handgun sales to out of state residents must go through an FFL IN THE STATE WHERE THE BUYER RESIDES.

Go here for the laws.........
http://www.atf.gov/faqs.htm

Last edited by WTM45; 07-14-2008 at 09:05 PM.
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Old 07-12-2008, 02:12 PM
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Originally Posted by Shug View Post
He should be able to buy a long gun from a dealer, but not a handgun. If it is bought from a individual out front, or walking around he should be able to buy whatever he wants that it a private transaction. Just like buying it from the classifieds. The transportion I dont know about. As long as its unloaded and not "HOT" there should not be any problem. Im not an expert on GA laws but thats the way it is here in TN also I've bought a few at shows in Dalton and private sales with no problem.

You just haven't been caught yet.


Im sure what ever I am wrong about will be corrected.
You have broken federal laws if you bought guns from individuals at the Dalton show and did not go through an FFL. Non residents can not do private sales without an FFL transfer. This is not a GA or Tenn. law, it is a federal law. You CAN buy privately without an FFL within your own state for long guns, but not interstate.
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Old 07-12-2008, 02:24 PM
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If you are at a gun show, and you are a non-resident, and you want to purchase a long gun from an individual, you do have the option of getting one of the onsight FFL's to handle the transfer, paying whatever fees they request.

The biggest caveat is that the transferring FFL is responsible for complying with the laws of both states, and it may be a problem finding a FFL that is willing to be responsible for complying with PA laws.

If it is a pistol he want to purchase, there is no option but to have it shipped to an FFL in PA.

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. If it is bought from a individual out front, or walking around he should be able to buy whatever he wants that it a private transaction. Just like buying it from the classifieds.
There's bad advice, and then there's really bad advice that will get you put in jail, and that statement is the last type.
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Old 07-12-2008, 05:35 PM
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Thanks for the responses guys.
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Old 07-12-2008, 07:14 PM
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Well did you find anything worth buying?
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Old 07-13-2008, 12:03 AM
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Thanks to all for the correction, your information is most helpful. Steller I do apologize for any inconvenience my ignorance may have caused you.
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Last edited by Shug; 07-13-2008 at 12:20 AM.
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Old 07-14-2008, 08:54 PM
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WOW! Ive been buying & selling guns to private individuals for years with no problems from the BATF! in State or out of State. But only long guns. And I go to Savana Georgia now and then and have purchased a few long guns at gun shows there with NO problems and brung them back in the back of my SUV.
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Old 07-14-2008, 09:40 PM
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Originally Posted by 50 Caliber View Post
WOW! Ive been buying & selling guns to private individuals for years with no problems from the BATF! in State or out of State. But only long guns. And I go to Savana Georgia now and then and have purchased a few long guns at gun shows there with NO problems and brung them back in the back of my SUV.
You haven't been caught yet is all......bragging about it here might get you some personal attention though.
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Old 07-14-2008, 10:29 PM
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unless a cop pulls you over and you openely come out and say "I bought a gun from a individual in Florida and I live in Ohio".
How would they ever find out?? The gun is not registered. so there is no paper work trail... I mean-not that I am trying to say its right or wrong but I dont see how they could catch you....
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Old 07-14-2008, 10:48 PM
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A smart person would get a bill of sale... one for each party.
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Old 07-14-2008, 11:12 PM
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unless a cop pulls you over and you openely come out and say "I bought a gun from a individual in Florida and I live in Ohio".
How would they ever find out?? The gun is not registered. so there is no paper work trail... I mean-not that I am trying to say its right or wrong but I dont see how they could catch you....
Unless the gun was originally sold before GCA 68 there will be a record of original owner. I don't want to explain how I came to be in possession in another state without a paper trail. If people choose to commit a federal felony, then be prepared for the chance of getting caught. There is a bunch of reasons the gun could be run to check serial numbers. The main one would be that the guy didn't know he was breaking the law, in which case he might just tell a cop he just bought the gun in another state from a private individual. If he bought the gun in Florida and got in a wreck in another state before getting home, the cops might take an interest in the contents of the vehicle since they generally inventory it before it is towed. There are a lot of ways to get caught.

The law isn't there to inconvenience people, it is there to stop exactly what he said he was doing. Going out of state and buying untraceable(Private sales) guns and transporting across state lines. If you break the law often enough, eventually you will get caught. My point is, if he tells us here he might tell the wrong person someday and could ruin his ability to even own a gun in the future. I don't think it is a matter of right or wrong, it is illegal.
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Old 07-14-2008, 11:18 PM
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Quote:
I mean-not that I am trying to say its right or wrong but I dont see how they could catch you...
Famous last words, right up there with "here, hold my beer."

How many people in prison do you think could see how they could be caught.

Quote:
How would they ever find out??
How do you think most drug users get caught? Because the other person in the transaction rats them out. Do you really want to let your future depend on good intentions of someone who has engaged in an illegal transaction with you?

Being involved in an illegal gun transaction is a federal felony. If you are caught, you will lose the right to own any gun for the rest of your natural life, absent a presidential pardon.

So I guess it just depends on how you work out the risk/reward equation.
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Old 07-14-2008, 11:38 PM
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Wow, lot of advice on here will get you in some state & federal trouble....
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Old 07-15-2008, 05:50 AM
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YIKES!!! or is it YOIKES!!!

Either way I would be more apt to follow the law. Hate to find out I can't buy guns legally anymore. Course it really isn't that hard to buy them illegally, criminals seem to do it regularly.
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Old 07-15-2008, 11:08 AM
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I have been buying guns for ALONG time! How is buying a long gun in Georgia and bringing it home to michigan any more illegal than bringing MY gun TO georgia to hunt and bringing it home again? (which I have done too)......Its not. Just hand guns are trouble in that department. Ive brought guns home from Arizona and Ohio, Indiana and Tennesse from FFL dealers, Put the State of residency on the little yellow paper and it goes through with no problems.
If you are a criminal and done/doing wrong you wont be filling out the 4473 would ya? If the BATF wants me, they are welcome. I have done NO wrong.
Last I checked buying a gun from Joe Shcmo down the road is NOT illegal. Its done every day on GunBroker.com by hundreds of private citizens. (Me being one of them on occasion) Yea the buyer needs the fire arm to be recieved by an FFL, but its still a private sale....Im no FFL dealer but Im selling a gun to another private individual.
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Old 07-15-2008, 11:11 AM
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Originally Posted by 50 Caliber View Post
I have been buying guns for ALONG time! How is buying a long gun in Georgia and bringing it home to michigan any more illegal than bringing MY gun TO georgia to hunt and bringing it home again? (which I have done too)......Its not. Just hand guns are trouble in that department. Ive brought guns home from Arizona and Ohio, Indiana and Tennesse from FFL dealers, Put the State of residency on the little yellow paper and it goes through with no problems.
If you are a criminal and done/doing wrong you wont be filling out the 4473 would ya? If the BATF wants me, they are welcome. I have done NO wrong.
You bought them FROM an FFL Dealer, big difference.
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Old 07-15-2008, 11:18 AM
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NOT all of them. And as long as they are not handguns who cares? If they are in a case and placed out of the occupants reach there are no laws being broken.
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Old 07-15-2008, 11:25 AM
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NOT all of them. And as long as they are not handguns who cares? If they are in a case and placed out of the occupants reach there are no laws being broken.
B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the personís 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 purchaserís 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)]


http://www.atf.gov/firearms/faq/faq2.htm#b2
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Old 07-15-2008, 11:52 AM
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50 Caliber, do you live in Michigan still?
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Old 07-15-2008, 12:10 PM
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NOT all of them. And as long as they are not handguns who cares? If they are in a case and placed out of the occupants reach there are no laws being broken.
The ATF does.
You are dead wrong. If you do not use an FFL on an interstate firearms transaction, you have committed a felony.
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Old 07-15-2008, 12:23 PM
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The ATF does.
You are dead wrong. If you do not use an FFL on an interstate firearms transaction, you have committed a felony.
Sounds like multiple....
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Old 07-15-2008, 12:31 PM
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Sounds like multiple....
Yep. Buying is one, transporting is another. Each count, each firearm.
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