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  1. #1
    Master Bapak2ja's Avatar

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    Can a Tennessee Resident Legally Purchase a Long Gun in Indiana?

    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.
    “A man's got to do what a man's got to do.” John Wayne

  2. #2
    Grandmaster CPT Nervous's Avatar

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    Quote Originally Posted by Bapak2ja View Post
    1. Is it illegal to sell a long gun to a Tennessee resident visiting in Indiana?
    No. As long as he is able to buy the long gun in TN, he can buy it in IN.

    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?
    No. He was absolutely wrong. No need for the states to be contiguous, as long as the sale would be legal in both states. For example, a Kalifornian could not buy an AR-15 in another state, because freedom is illegal in his home state.

    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?
    Buying directly from the seller and having it shipped to him? No. Buy it for yourself and do the 4473, then ship it to him where he does a 4473.
    Quote Originally Posted by Fargo View Post
    I'm picturing you curbstomping yourself, ala Fight Club. All while yelling, "don't worry ma'am, he'll leave you alone after this."
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    If you want a real vintage denim hat, you'll probably have to push a hipster off his fixed gear bicycle and, while he's collecting his PBR cans, grab it off his head and run.

  3. #3
    Master Bapak2ja's Avatar

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    Quote Originally Posted by CPT Nervous View Post
    No. As long as he is able to buy the long gun in TN, he can buy it in IN.



    No. He was absolutely wrong. No need for the states to be contiguous, as long as the sale would be legal in both states. For example, a Kalifornian could not buy an AR-15 in another state, because freedom is illegal in his home state.



    Buying directly from the seller and having it shipped to him? No. Buy it for yourself and do the 4473, then ship it to him where he does a 4473.
    Thanks!
    “A man's got to do what a man's got to do.” John Wayne

  4. #4
    Master drillsgt's Avatar

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    Maybe that RK has outdated information or they are just idiots, hard to say. I had the same issue during one of my mobilizations to Ft. Benning in GA, the store there had a little map on the wall of what states they could sell too but IN changed their law around 2010 or so and I brought in the updated/stricken statute to show them.

  5. #5
    INGO Homebrewer JettaKnight's Avatar

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    Are state lines involved? Then an FFL is required.


    Quote Originally Posted by Bapak2ja View Post
    1. Is it illegal to sell a long gun to a Tennessee resident visiting in Indiana?
    Yes, a face-to-face transaction is illegal. If the either seller or the buyer hold a valid FFL, then it's legal. For a handgun, both the seller and buyer must hold a valid FFL.

    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?
    The contiguous state thing is in the past. Now, if it's a long gun, then you only need one FFL in the visiting state when you buy in person. The benefit here is that a dealer in the buyer's state is not required for the transaction to be illegal.

    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?

    That's a straw purchase. Is she the actual buyer? No. She'd be lying on the F4473. You might keop her out of the slammer by running it through a dealer in TN, but not a risk to take following Abramski v. US. Plus, that sounds overly complicated.

    ...he is also a former LEO with the Fort Wayne Police Department....
    And he couldn't find the RK in the old Kroger?
    Quote Originally Posted by Abraham Lincoln
    Do I not destroy my enemies when I make them my friends?

  6. #6
    Master drillsgt's Avatar

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    Quote Originally Posted by JettaKnight View Post
    Are state lines involved? Then an FFL is required.
    There was an FFL involved.

  7. #7
    INGO Homebrewer JettaKnight's Avatar

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    Quote Originally Posted by drillsgt View Post
    There was an FFL involved.
    Understood, just clarifying for everyone coming and reading this thread.
    Quote Originally Posted by Abraham Lincoln
    Do I not destroy my enemies when I make them my friends?

  8. #8
    Grandmaster Kirk Freeman's Avatar

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    No. As long as he is able to buy the long gun in TN, he can buy it in IN.
    , from a licensee.

    (You guys are scaring me, knock it off )
    School of the Sword of No Sword

  9. #9
    Master Bapak2ja's Avatar

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    Quote Originally Posted by Kirk Freeman View Post
    , from a licensee.

    (You guys are scaring me, knock it off )
    Well, now that is all clear as mud. If Kirk is scared, things are truly complicated!
    “A man's got to do what a man's got to do.” John Wayne

  10. #10
    Master drillsgt's Avatar

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    Quote Originally Posted by Kirk Freeman View Post
    , from a licensee.

    (You guys are scaring me, knock it off )
    Not sure why you would be scared the post was pretty straightforward, guy from TN went to an RK (a licensee) in IN and tried to buy a gun but said licensee refused the sale.


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