Home Forums Hunting & Shooting Hunter's Campfire Chicago resident buying a rifle in OK?

Howdy,

A buddy of mine lives in Chicago, and wants to come visit Oklahoma and Texas, and do a little hog hunting.

Chicago is a very anti-gun city. Can he purchase a rifle down here, then take it back with him? What are his options? I suppose he could just borrow a rifle from us, but I wondered what hindrances await him if he'd like to take a hog with his own rifle.

Thanks
JD

Tell him to buy it down here and stay.

No he can't. ATF regs require that the dealer must comply with the laws of the buyers place of residence.

Don't know how that applies to garage sales though.

If I am not mistaken you can only buy a rifle/shotgun in your state of residency or a neighboring state, and handguns only in your state of residency

private sales a 100 % free of ATF regulations
This is still the USA

The part about neighboring states has been long gone from Federal regulations.

Bruce

No private sales or purchases out of state.

Bruce

I believe the only way you can buy a long rifle in a State that you DO NOT reside in, is if the (non resident State) FFL dealer ships the long gun to a FFL dealer in your State of residence and you pick up the gun there. Obviously, shipping and FFL fees would be charged to you.

I think borrowing a rifle would be his best bet.

I also want to mention that while it's legal for a NON-FFL holder to ship a long gun to a out of State FFL dealer for sale to a resident of that State. MOST if not ALL the FFL dealers near my home, WILL NOT accept a long rifle unless it has been shipped from another FFL dealer. The answer I'm always given is: "I don't need any trouble with the BATF". ????????

ColsPaul, be careful, as the informal (private)sale of a long gun IS LEGAL from one resident to another IN THE SAME STATE, once you cross State lines, it's NOT legal. -TomT

You can buy a long gun from an out of state FFL and take possession immediately, if state law allows. As a WA resident, I often buy long guns from an OR FFL, and take them home with me.

I can buy a pistol, but it must be shipped to a WA FFL, where I take possession.

Bruce

I guess I could be wrong, but I thought it was a Federal law? My buddy (another NY State resident) was on vacation earlier this month in New Hampshire and saw a used NEF single shot .22 he wanted to buy for around $80. When the dealer handed him the paperwork and saw he had a NY State address (NOT NYC), he said he couldn't sell him the gun unless he shipped it to a NY FFL dealer. With shipping and FFL fees, the $80 gun would have been about $150, so he passed. -TomT

Might have been a state law from either state, but not Federal.

Or might be a mistake.

Bruce

Here's the regs

� 478.96 Out-of-State and mail order sales.
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(a) The provisions of this section shall apply when a firearm is purchased by or delivered to a person not otherwise prohibited by the Act from purchasing or receiving it.

(b) A licensed importer, licensed manufacturer, or licensed dealer may sell a firearm that is not subject to the provisions of �478.102(a) to a nonlicensee who does not appear in person at the licensee's business premises if the nonlicensee is a resident of the same State in which the licensee's business premises are located, and the nonlicensee furnishes to the licensee the firearms transaction record, Form 4473, required by �478.124. The nonlicensee shall attach to such record a true copy of any permit or other information required pursuant to any statute of the State and published ordinance applicable to the locality in which he resides. The licensee shall prior to shipment or delivery of the firearm, forward by registered or certified mail (return receipt requested) a copy of the record, Form 4473, to the chief law enforcement officer named on such record, and delay shipment or delivery of the firearm for a period of at least 7 days following receipt by the licensee of the return receipt evidencing delivery of the copy of the record to such chief law enforcement officer, or the return of the copy of the record to him due to the refusal of such chief law enforcement officer to accept same in accordance with U.S. Postal Service regulations. The original Form 4473, and evidence of receipt or rejection of delivery of the copy of the Form 4473 sent to the chief law enforcement officer shall be retained by the licensee as a part of the records required of him to be kept under the provisions of subpart H of this part.

(c)(1) A licensed importer, licensed manufacturer, or licensed dealer may sell or deliver a rifle or shotgun, and a licensed collector may sell or deliver a rifle or shotgun that is a curio or relic to a nonlicensed resident of a State other than the State in which the licensee's place of business is located if�

(i) The purchaser meets with the licensee in person at the licensee's premises to accomplish the transfer, sale, and delivery of the rifle or shotgun;

(ii) The licensed importer, licensed manufacturer, or licensed dealer complies with the provisions of �478.102;

(iii) The purchaser furnishes to the licensed importer, licensed manufacturer, or licensed dealer the firearms transaction record, Form 4473, required by �478.124; and

(iv) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.

(2) For purposes of paragraph (c) of this section, any licensed manufacturer, licensed importer, or licensed dealer is presumed, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both such States.

Its the state laws that dictate this purchase, as bolded in the above post.

As a Missouri resident, I am legal to buy and take possession of longguns from any state that shares a border with Missouri. I can't for instance buy a longgun in Texas.

Kansas on the other hand is different, my dad lives in Kansas, he can buy a longgun in Texas and bring it home with him. Many of the large stores (Cabelas and Wal-Mart for example) have posters with red and green states, indicating which state residents can and can not buy in that particular store.

Interesting that Missouri has a state law mirroring the former Federal regulation. I was in the Branson K Mart a few years back and perusing one of those posters. Kansas was not identified as a state legal to sell a long gun too. I thought that odd, seein's how it is contiguous. I figured some hillbilly wasn't too geographically inclined.

i'd suggest he purchase a used gun from someone in oklahoma or texas. I'm sure someone has one for sale.

Thanks for clearing that up Allen917, I was obviously incorrect. -TomT

Federal law states that an individual cannot buy a firearm directly from a resident of another state who is not an FFL dealer. To do so is a felony if you were ever to get caught. I understand it happens a lot, but do be aware of the risk.

It also says that an FFL dealer can sell a long gun to anybody, as long as the laws of the state of residence of the purchasee allow it. The ATF sends updates of state laws to all FFL dealers (I used to get them even as a Curios & Relics FFL holder), and the FFL dealer will know if he can sell to them.

As a Nebraskan, I can buy a long gun from any FFL dealer in the US. I don't keep up with what other states do.

So, I doubt a New Yorker can buy. But to be sure, just go down to the shop where he'd buy a gun and ask them. They are the ones who need to know the law and apply it.

You use to be correct! I'm not exactly sure when they changed this, they sure didn't send me any notice of it. I wouldn't have known except for talking to an ex-ATF guy at the Shot Show.

How does your buddy feel about black powder rifles? Some states have regulations about them but the Feds couldn't care less. The have no restrictions for lawabiding citizens. Just pick it out, select what you want with it, pay your money and go out the door.

chicago isn't the onlt town in illinoise,take a little drive to a more americian town out side the city limits but still in state that would be a legale purchase would it not?