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Author Topic: Selling a long gun out of state.  (Read 1126 times)

Offline Jay

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Selling a long gun out of state.
« on: October 20, 2011, 05:56:30 PM »
Hey all, my memory is a little fuzzy on this and my computer here at work is painfully slow so I have given up searching for an answer on my own for now and thought I would just ask the question here.

If I sell a rifle to someone from Kansas, does the firearm need to be transfered though a FFL?

I know there is something about long guns from bordering states but I can't remember where I found that law or the exact details of it. It has been a few years since I have dealt with this. I was thinking you could buy a rifle in Iowa and bring it home, but not sure if that is still true or if it is the same for Kansas. Anyone?

Offline Dan W

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Re: Selling a long gun out of state.
« Reply #1 on: October 20, 2011, 06:49:57 PM »
   
http://www.atf.gov/firearms/industry/tip-of-the-month-2010.html

 
Quote
Contiguous States. The “contiguous state” provisions of the Gun Control Act (GCA), as enacted in 1968, allowed nonlicensed purchasers to acquire long guns from Federal firearms licensees (FFLs) located in a State contiguous to the State in which the purchaser resided if (1) the purchaser’s State of residence permitted such sale and (2) the sale fully complied with the legal conditions of sale in both such contiguous states.

    This provision of the GCA was amended in 1986 to allow FFLs to sell or dispose of long guns to residents of any other state (not just contiguous states) provided — (1) the transferee meets in person with the FFL to accomplish the transfer; and (2) the sale, delivery and receipt fully comply with the legal conditions of sale in the buyer’s and seller’s States.

    A number of States patterned their laws after the original provision of the GCA that allows nonresidents to purchase long guns from FFLs only in contiguous states. Many of those States have not revised their laws to reflect the 1986 amendments to the GCA that allow over-the-counter sales of long guns to residents of any State, as outlined above. This has caused confusion among FFLs, who often read such “contiguous state” State laws as prohibiting sales to residents of noncontiguous states.

    ATF does not read State laws that refer to “contiguous states” as prohibiting sales of long guns to residents of noncontiguous states unless the language contained in that State’s law expressly prohibits residents from acquiring firearms outside that State. Thus, if the language in the State laws authorizes sales of long guns to residents of contiguous states, that State law also authorizes the sale of long guns to residents of all other states.

    FFLs who have questions about particular State laws should contact their nearest ATF office.

looks like it is only allowed for FFL's
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