Buying Long Gun in Ohio and bring it to Indiana:

[VN Vet]

I am working on a purchase of a rifle in Ohio and then bring it back to Indiana.

If this is a FTF purchase can I do so without going to a FFL in Ohio?

Or, in Indiana?

Or, can we meet at a FFL in Ohio and make the purchase, can I bring the rifle home with me?

This is what I found in a 2009 thread that I didn't want to resurrect so I started this new thread:



I'm trying to figure out the laws (both state & federal) regarding interstate purchases of a long-gun (not handgun).

Reading through the applicable state statute:



IC 35-47-5-6
Purchasing or obtaining a rifle or shotgun
Sec. 6. (a) Any resident of Indiana:
(1) who is eighteen (18) years of age or older; and
(2) who is not prohibited by law from obtaining, possessing, or using a firearm;
may purchase or obtain a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois.
(b) Any resident of Ohio, Kentucky, Michigan, or Illinois:
(1) who is eighteen (18) years of age or older; and (2) who is not prohibited by the laws of Indiana, his domicile, or the United States from obtaining, possessing, or using a firearm;
may purchase or obtain a rifle, shotgun, or ammunition for a rifle or a shotgun in Indiana.
(c) Any transaction under this section is subject to the provisions of the Gun Control Act of 1968 (82 Stat. 1213, 18 U.S.C. 0.922(B)(3)).
As added by P.L.311-1983, SEC.32.


& the federal statute referenced above (18 USC 922(b)(3):


(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase
or possession by such person of such firearm would be in
violation of any State law or any published ordinance applicable
at the place of sale, delivery or other disposition, unless the
licensee knows or has reasonable cause to believe that the
purchase or possession would not be in violation of such State
law or such published ordinance;
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a
place of business in) the State in which the licensee's place of
business is located, except that this paragraph (A) shall not
apply to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the licensee's
place of business is located if the transferee meets in person
with the transferor to accomplish the transfer, and the sale,
delivery, and receipt fully comply with the legal conditions of
sale in both such States (and any licensed manufacturer, importer
or dealer shall be presumed, for purposes of this subparagraph,
in the absence of evidence to the contrary, to have had actual
knowledge of the State laws and published ordinances of both
States), and (B) shall not apply to the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

 

[NyleRN]

My understanding you can't buy out of state of your residence. You'll have to have the Ohio FFL ship it to an FFL in Indiana.

 

[Kirk Freeman]

You are not FFL?

You do not have C&R and this is not C&R weapon?

You are purchasing from non-FFL?

State lines=FFL

 

[snorko]

Meet at FFL, make transfer. Person to person not permitted across state lines. However you can buy from an FFL anywhere.

 

[Double T]

Meet at FFL, make transfer. Person to person not permitted across state lines. However you can buy from an FFL anywhere.

Incorrect. You can buy a long gun from anywhere in a neighboring state and take possession. You can buy a handgun at a neighboring FFL but it has to be transferred at an in state FFL. Stupid laws.

 

[snorko]

Incorrect. You can buy a long gun from anywhere in a neighboring state and take possession. You can buy a handgun at a neighboring FFL but it has to be transferred at an in state FFL. Stupid laws.

I think you misunderstood me. I said a person to person sale across state lines was not allowed. I can NOT legally buy a rifle from someone standing outside Whittakers. I CAN however, buy the same rifle from Whittakers.

Also, I was referring to long guns only since that is what the OP was asking about. You are right re handguns of course.

 

[Mr Evilwrench]

Pistol, state line = FFL. Long gun, you can purchase in adjacent states, no FFL necessary, but you have to follow the law in the state of purchase. If you live in one of the people's republics, there may be 4473 or registration requirements, but I think we're OK in IN.

 

[Clay]

Pistol outside the state will have to be shipped to an in state FFL for transfer.

NOW, correct me if Im wrong, but the "neighboring states" law was removed a couple of years ago. currently you can purchase a rifle out of state (any state) from an FFL, but no face to face outside of the state, or with a non-indiana resident.

 

[VN Vet]

If the seller sends the rifle to my FFL, will the Indiana FFL be obligated to collect a sales tax from me in addition to their transfer fee?

 

[Kingpin]

No sales tax collected in a transfer

 

[patience0830]

My understanding you can't buy out of state of your residence. You'll have to have the Ohio FFL ship it to an FFL in Indiana.

When you dont know the right answer or can't articulate it well enough to solve the problem, please refrain from dispensing information.

You can buy long guns out of state all day, every day. As long as you buy it from an FFL. I do it all the time. If you buy it from an individual, he would either need to tranfer it to his local ffl if you come to get it and you'd technically buy it from the ffl. The other legal interstate option is for him to ship to your local ffl with a copy of his DL and you pick it up there. SOME states require that it be shipped from an ffl. Ohio is not one of those states, IIRC.

 

[patience0830]

You are not FFL?

You do not have C&R and this is not C&R weapon?

You are purchasing from non-FFL?

State lines=FFL

Almost complete enough info. Lawyer-speak. Just enough info. Might not answer all the questions and situations that come to mind but would keep tha average joe with some sense outta the hoosegow.

 

[VN Vet]

Thank all of you. I have my answer. Patience0830 summed it up for me. INGO people are good people; always there to help.