My brother resides in Tennessee. During a recent visit to Fort Wayne he mentioned he needed to purchase a pellet gun to shoot the rabbits who were playing havoc on his vegetable garden back home. I suggested that he would do better with a Savage 62/64F as they were currently selling for $99 at Rural King here in the Fort. I ascertained that the RK store on West Jefferson in the Fort had a Savage 64F on the shelf for $99. My brother did not know how to find the store. I was not able to accompany him a the time, so my wife went with him to guide him on his way.
At the store, the Savage was identified, examined, and approved. My brother filled out the NICS form to complete the purchase, but then the problem appeared. The customer service agent declined to proceed further because my brother's residence was in Tennessee. There was some discussion about this, as he has previous experience of purchasing a rifle in Sturgis, MI while living in Indiana. The customer service agent insisted he could sell to an out-of-state person only if s/he resided in a state contagious to Indiana—like Michigan. So, no sale.
My brother and I then checked with Rural King online. The Savage 64F was available for $99 with free shipping to Tennessee. An FFL recommend on the RK site agreed to accept the transfer. The order was placed, problem solved ", . . . beer for my horses".
The next day before leaving town to return to Tennessee my brother informed me that Rural King sent him an email explaining the the Savage 64F was "out of stock" and canceled the order.
I am puzzled about this, and would appreciate the input of the legal experts on regarding:
1. Is it illegal to sell a long gun to a Tennessee resident visiting in Indiana?
2. Can long guns be sold out of state only to citizens from contiguous states, or was the RK CS agent wrong in this regard?
3. Would it have been legal for my wife to purchase the Savage 64F and have it sent to the FFL in Tennessee to be picked up by my brother? He would have been required to complete the background check there and have been listed as the the original owner. Would that still have been an illegal straw purchase?
FYI, my brother is ex USAF and US Army; he is also a former LEO with the Fort Wayne Police Department. He has no record that would prevent him from passing the background check.
Looking forward to your input.
At the store, the Savage was identified, examined, and approved. My brother filled out the NICS form to complete the purchase, but then the problem appeared. The customer service agent declined to proceed further because my brother's residence was in Tennessee. There was some discussion about this, as he has previous experience of purchasing a rifle in Sturgis, MI while living in Indiana. The customer service agent insisted he could sell to an out-of-state person only if s/he resided in a state contagious to Indiana—like Michigan. So, no sale.
My brother and I then checked with Rural King online. The Savage 64F was available for $99 with free shipping to Tennessee. An FFL recommend on the RK site agreed to accept the transfer. The order was placed, problem solved ", . . . beer for my horses".
The next day before leaving town to return to Tennessee my brother informed me that Rural King sent him an email explaining the the Savage 64F was "out of stock" and canceled the order.
I am puzzled about this, and would appreciate the input of the legal experts on regarding:
1. Is it illegal to sell a long gun to a Tennessee resident visiting in Indiana?
2. Can long guns be sold out of state only to citizens from contiguous states, or was the RK CS agent wrong in this regard?
3. Would it have been legal for my wife to purchase the Savage 64F and have it sent to the FFL in Tennessee to be picked up by my brother? He would have been required to complete the background check there and have been listed as the the original owner. Would that still have been an illegal straw purchase?
FYI, my brother is ex USAF and US Army; he is also a former LEO with the Fort Wayne Police Department. He has no record that would prevent him from passing the background check.
Looking forward to your input.