View Full Version : Buying Firearms out of State
alvincullumyork
04-09-16, 17:49
My job has me on the road and I move a lot. I use my parents address as my permanent address because switching addresses every 3 to 6 months would be a pain in the ass. So I'm currently an Oregon resident living in Texas working Kansas.
Last time I wanted a gun I was home for Christmas and just bought it there but right now I have the urge for a FAL and I don't want to wait until I head home. So as an Oregon resident can I buy a firearm in Texas?
I know Oregonians can buy long arms in Washington state but not pistols which I never understood but I know that some states will let non residents purchase at least some types of firearms. Is there any rhyme or reason to this system or is like the patch work of CCW laws where some states recognize others but not the other way around?
Dumb questions... What does it say on your driver's license? What state do you pay taxes to? Where is your mail box?
My job has me on the road and I move a lot. I use my parents address as my permanent address because switching addresses every 3 to 6 months would be a pain in the ass. So I'm currently an Oregon resident living in Texas working Kansas.
Last time I wanted a gun I was home for Christmas and just bought it there but right now I have the urge for a FAL and I don't want to wait until I head home. So as an Oregon resident can I buy a firearm in Texas?
I know Oregonians can buy long arms in Washington state but not pistols which I never understood but I know that some states will let non residents purchase at least some types of firearms. Is there any rhyme or reason to this system or is like the patch work of CCW laws where some states recognize others but not the other way around?
For the last 47 years...
Federal laws prohibits the transfer of firearms between residents of different States unless a FFL dealer is involved. [18 USC 922(a)(3)&(5)]
Federal laws prohibits a FFL dealer in transferring a firearm to a non-resident, unless the firearm is a Title 1 Rifle or Title 1 Shotgun and the transfer complies with the State laws of the FFL dealer and the non-resident. [18 USC 922(b)(3)]
Therefore...
As a OR resident, you can buy a firearm in TX.
But, depending on what it is and who you buy it from, determines if you can receive it in TX or if it needs to be shipped to an OR FFL dealer, who then transfers it to you.
If you buy a Title 1 Rifle or Title 1 Shotgun from a TX FFL dealer, then as long as the transfer complies with both TX & OR laws, the TX FFL dealer can transfer the firearm to you.
If you buy a Title 1 Handgun or Title 1 Other from a TX FFL dealer, then the TX FFL dealer must ship it to an OR FFL dealer, who will then transfer the firearm to you.
If you buy a Title 1 Rifle or Title 1 Shotgun from a non-FFL TX resident, then...
option A... both of you must go to a TX FFL dealer and, as long as the transfer complies with both TX & OR laws, the TX FFL dealer can transfer the firearm to you.
option B... the TX resident ships the firearm to an OR FFL dealer, who will then transfer the firearm to you.
If you buy a Title 1 Handgun or Title 1 Other from a non-FFL TX resident, then the TX resident ships the firearm to an OR FFL dealer, who will then transfer the firearm to you.
Linebacker
04-09-16, 18:39
Fitrst of all, they are not dumb questions. If you are allowed to purchase a firearm in your resident state and the state of purchase allows the sale of your intended acquisition, you should be Ok. I am not sure about handgun waiting periods when purchaing out of state.
So I'm currently an Oregon resident living in Texas working Kansas.
How is it you are living in Texas and not a resident? Are you in a hotel or something? The law allows for dual residency.
I am not sure about handgun waiting periods when purchaing out of state.
You can not purchase a handgun OTC outside your state of residence.
You should be good to go on an FAL. I was always told rifles weren't a problem.
Federal law restricts interstate commerce of handguns to licensed dealers only. Federal law does not restrict the sale of long guns across state lines. That said, some States do not allow their residents to purchase long guns outside of the state unless transferred through an in-state FFL. CA is a prime example here. Other states limit interstate transactions to contiguous states only. If you're thinking of changing your official State of residence, gotta watch out for time restrictions in some states such as you must wait 90 days after establishing residency before you can purchase a firearm.
It is because of all of this nonsense that years ago, when I traveled extensively for work, I had a Type 1 FFL - eliminated the BS (well, ok, traded some BS for other BS such as recordkeeping requirements, waiving of certain 4th Amendment rights, etc.).
alvincullumyork
04-09-16, 22:06
For the last 47 years...
Federal laws prohibits the transfer of firearms between residents of different States unless a FFL dealer is involved. [18 USC 922(a)(3)&(5)]
Federal laws prohibits a FFL dealer in transferring a firearm to a non-resident, unless the firearm is a Title 1 Rifle or Title 1 Shotgun and the transfer complies with the State laws of the FFL dealer and the non-resident. [18 USC 922(b)(3)]
Therefore...
As a OR resident, you can buy a firearm in TX.
But, depending on what it is and who you buy it from, determines if you can receive it in TX or if it needs to be shipped to an OR FFL dealer, who then transfers it to you.
If you buy a Title 1 Rifle or Title 1 Shotgun from a TX FFL dealer, then as long as the transfer complies with both TX & OR laws, the TX FFL dealer can transfer the firearm to you.
If you buy a Title 1 Handgun or Title 1 Other from a TX FFL dealer, then the TX FFL dealer must ship it to an OR FFL dealer, who will then transfer the firearm to you.
If you buy a Title 1 Rifle or Title 1 Shotgun from a non-FFL TX resident, then...
option A... both of you must go to a TX FFL dealer and, as long as the transfer complies with both TX & OR laws, the TX FFL dealer can transfer the firearm to you.
option B... the TX resident ships the firearm to an OR FFL dealer, who will then transfer the firearm to you.
If you buy a Title 1 Handgun or Title 1 Other from a non-FFL TX resident, then the TX resident ships the firearm to an OR FFL dealer, who will then transfer the firearm to you.
Thanks. I was told that I couldn't buy a rifle in GA any ideas why?
Dumb questions... What does it say on your driver's license? What state do you pay taxes to? Where is your mail box?
Yours or mine? ;)
I thought I was clear on that but I have an OR DL, my 'mailbox' is in OR, I pay OR taxes along with the other states I work in, I usually get a pretty good return though. I spent all of one week in Oregon last year.
You should be good to go on an FAL. I was always told rifles weren't a problem.
See above but I couldn't buy a rifle in GA. At least that's what I was told.
How is it you are living in Texas and not a resident? Are you in a hotel or something? The law allows for dual residency.
I'm just working out of our Dallas office for the time being, could be for another 2 months or they could call me tomorrow and tell me to be in California on Monday. I'm actually living in hotel in Kansas right now for a project we are running out of the Dallas branch. I should only be here for another two weeks but we shall see. Hence why I keep my OR driver license.
How is it you are living in Texas and not a resident? Are you in a hotel or something? The law allows for dual residency.
I've always been curious how dual residency works. Can one have a driver license in each state where they are a resident?
I've always been curious how dual residency works. Can one have a driver license in each state where they are a resident?
Most states will not allow both at same time, and it is hassle to constantly turn one in for the other. So I just keep my main one
I have state ID cards as we'll as CHL so those fine for ID to buy guns.
titsonritz
04-12-16, 15:36
For the last 47 years...
Federal laws prohibits the transfer of firearms between residents of different States unless a FFL dealer is involved. [18 USC 922(a)(3)&(5)]
Federal laws prohibits a FFL dealer in transferring a firearm to a non-resident, unless the firearm is a Title 1 Rifle or Title 1 Shotgun and the transfer complies with the State laws of the FFL dealer and the non-resident. [18 USC 922(b)(3)]
Therefore...
As a OR resident, you can buy a firearm in TX.
But, depending on what it is and who you buy it from, determines if you can receive it in TX or if it needs to be shipped to an OR FFL dealer, who then transfers it to you.
If you buy a Title 1 Rifle or Title 1 Shotgun from a TX FFL dealer, then as long as the transfer complies with both TX & OR laws, the TX FFL dealer can transfer the firearm to you.
If you buy a Title 1 Handgun or Title 1 Other from a TX FFL dealer, then the TX FFL dealer must ship it to an OR FFL dealer, who will then transfer the firearm to you.
If you buy a Title 1 Rifle or Title 1 Shotgun from a non-FFL TX resident, then...
option A... both of you must go to a TX FFL dealer and, as long as the transfer complies with both TX & OR laws, the TX FFL dealer can transfer the firearm to you.
option B... the TX resident ships the firearm to an OR FFL dealer, who will then transfer the firearm to you.
If you buy a Title 1 Handgun or Title 1 Other from a non-FFL TX resident, then the TX resident ships the firearm to an OR FFL dealer, who will then transfer the firearm to you.
^^This is my understanding of the law. In short, it is OK to buy and receive long guns out of state if going through an FFL, handguns are a no-no, since other can potentially be made a handgun rules it out.
Thanks. I was told that I couldn't buy a rifle in GA any ideas why?
Because they don't know the law and/or are too lazy to deal it, as compliance must not only be with their state but yours as well.
Most states will not allow both at same time, and it is hassle to constantly turn one in for the other. So I just keep my main one
I have state ID cards as we'll as CHL so those fine for ID to buy guns.
10-4. That makes sense.
I've always been curious how dual residency works. Can one have a driver license in each state where they are a resident?
REAL ID Act prohibits a person from possessing multiple valid DLs from different States.
You can only possess one valid State DL at a time.
Which is why, you must surrender your current State DL in order to obtain a DL from another State.
However, some States do offer ID cards.
Which are, currently, not effected by the REAL ID Act.
Therefore, in order to prove dual residency, you can have a valid DL from one State and have a valid State ID from another State.
Keep in mind that some State IDs are not a valid form of residency.
Example...
The Nevada Seasonal Resident ID (issued to people from other States that do not surrender their current valid State DL or ID) is not a valid proof of residency in Nevada and, per BATFE & NV DPS, it is illegal for a resident of NV to transfer a firearm to a person with a Nevada Seasonal Resident ID unless the transfer is done through a FFL and in accordance with the State laws of NV & the State laws of where the Nevada Seasonal Resident ID holder has their valid State DL/ID in.
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