FFL's & Out-Of-State Buyers

[Montezuma]

Greetings, INGO Folks, you all sure have me feel welcome here. Thank You! When I need a sanity break, I turn to INGO and it's great.

Well, I learned something new today that I didn't have a clue about. I guess everybody already knew this but I sure didn't.

If you are from out-of-state, you may or may not be able to buy a pistol from an FFL. I thought that anyone from any state could go into an FFL shop or business and buy a firearm. Nope, ain't so.

Here's what happened today. First, I found a pistol I might possibly be interested in buying in the "for sale" listings. I asked the seller to ask his FFL is I could buy the pistol in the FFL's shop and have teh background check done and so forth. The seller informed me that the FFL said there was no way it could do so--it could only ship the pistol to my official state of residence.

SO, I called up Ye Ol' BATF in Indianapolis and talked to a real live "agent-on-duty" kinda guy. He said there was no law against anyone from out-of-state buying a pistol here in Indiana but BATF left it up to each individual FFL to make their own rules. He said that if that FFL didn't want to sell to someone from out-of-state, that was just fine and dandy with the BATF and said, "That's the way it is--the FFL's call the shots and we respect their wishes."

So, just for the sake of comparison, I took a break from my wild schedule today (think "sanity break") and went to a well-known and well-respected gun shop here in Lafayette. I asked them about it. They said they would be happy to sell any long gun to an out-of-state buyer but not a pistol. I asked if that was "their call" and I gathered that it was. They said there might be an FFL that would sell a pistol to an out-of-state person but I would have to shop around.

I honestly did not know that factoid. I guess it's because I've never been interested in buying a pistol in a FTF transaction from an FFL in another state.

OK, so the question is whether anyone knows of an FFL--especially one in the Indy area, that is will to facilitate the legal transfer of a pistol from a willing seller to a willing buyer. I have the Idaho Concealed Weapons License and had to jump a lot of hoops and have my fingerprints run to get that license. The local Sheriff even had to sign off on it. I've bought several firearms just this year and have passed the background check in mere minutes so that's no problem.

I am somewhat perplexed. I realize and respect that FFLs must error on the side of caution and I don't blame them. ALso, I am NOT complaining about all of this. It is what it is and that's OK. But I am curious as to whether all FFLs have that policy or if it is selective according to "who, where and what" of your transaction.

Any insights would be most appreciated. Thank You for your time in reply to this thread. Have a great night & Many Cheers. As always, Happy Shooting! jp-Montezuma.

PS--Since I signed on as a Site Supporter, I can receive PM's.

 

[IndyGunworks]

according to federal law you can buy a handgun from any state, however i believe indiana (as well as many other states) restrict it further and do not allow the sale of a handgun to non-residents.

unless its changed recently, thats my understanding and the way i will continue to run my FFL as well.

 

[Montezuma]

according to federal law you can buy a handgun from any state, however i believe indiana (as well as many other states) restrict it further and do not allow the sale of a handgun to non-residents.

unless its changed recently, thats my understanding and the way i will continue to run my FFL as well.

Thank You for helping me understand that. As I said, I support whatever any FFL chooses to do. In my book, FFL's are one of the most important stalwarts of protecting our right to bear arms. It never occurred to me that there would be some states that have their own more strict versions of the law. I am very glad to know that. I reflected on your message for awhile and then I got to thinking about our neighbors, especially Northern Illinois and especially the Chicago area and most especially east and south Chicago, well, yeah, that's a pretty danged good law now that I think of it. I really appreciate the insights. Thank You for your service to the firearms owners. Best of Success and Happy Shooting! jp-Montezuma

 

[shooter521]

From the ATF website:

Q: May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922(b)(3)]

 

[IndyGunworks]

From the ATF website:

Q: May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922(b)(3)]

I knew there was something to it, i dont do much sales though.

 

[shooter521]

The real of this is, of course, that a representative of the very agency who enforces the pertinent federal law, said there WAS no pertinent federal law.

Of course, this is the same agency that sent us an inspector who didn't know that Kel-Tec was a manufacturer, or what a C&R FFL was.

 

[JoshuaW]

Most FFLs will facilitate that transfer for about $20 on each end.

I want to point at that if you are an Indiana resident, you must get an Indiana LTCH to carry in Indiana. If you are not an Indiana resident, then you are fine on your out of state.

 

[Montezuma]

[18 U.S.C. 922(b)(3)]
Thanks for the followup. I got up real early this morning so I could check out Indiana Revised Statutes and couldn't find any state laws regarding the issue. It's great to have the actual Federal law quoted. It's "The Law of The Land." Like I said in my introduction, I support the laws and FFL's 100% so it's really good to finally be up to speed on this. I really appreciate your taking the time to post up here with such specific details. THANK YOU! jp-Montezuma

 

[MrSmitty]

And something more to confuse everyone. Indiana recently passed a law where an Indiana resident can buy a long gun from any state that agrees to it, ie: if you are in Colorado, and find the rifle you can't live with out, you can buy it...from an FFL. Ok I think it's neat!!!!!! Before it was contiguous states only

 

[shooter521]

Indiana recently passed a law where an Indiana resident can buy a long gun from any state that agrees to it

More correctly, Indiana repealed its stupid law that forbade dealers from selling long guns to residents of non-contiguous states. We are now only subject to the (less restrictive) federal law.

However, that same federal law still prohibits selling a handgun to a resident of another state.