Posted: 4/6/2013 4:11:57 PM EDT
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Can y'all tell me if FL state law allows a FL resident to purchase & take receipt of a long gun in an out-of-state-purchase? I've heard conflicting stories/answers.
Thanks! |
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Quoted:
As I understand it: A resident of this state may purchase a rifle or shotgun in any state contiguous to this state if he or she conforms to applicable laws and regulations of the United States, of the state where the purchase is made, and of this state. So clearly TN would be a no-no for a purchase & taking possession? |
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Yes there is great confusion on this topic. So much so, the ATF has published at least two topic to correct this misinformation.
Residents of any state may take possession of long guns at FFLs in any other state unless either state has specific laws prohibiting it. Florida does not. Originally, the federal Gun Control Act of 1968 banned interstate sales of firearms but contained an exception for long gun transactions occurring between federally licensed dealers (FFLs) and residents of contiguous states. Such sales could occur only if “the purchaser’s State of residence permit[ted] such sale or delivery by law.” FOPA, however, removed both the contiguous states limitation and the requirement that the purchaser’s state of residence specifically authorize the purchase. Now, interstate sales of rifles and shotguns can occur between FFLs and residents of any state, as long as “the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States.” Q: From whom may an unlicensed person acquire a firearm under the ?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes. [18 922(a)(3) and (5), 922(b)(3), 27 478.29 and 478.30] http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-acquire I cannot find my links right now, but here is the text from the first ATF communication, the one a couple years later further clarified it. In an article that appeared in the December 2002
edition of the FFL Newsletter, we advised FFLs that the “contiguous state” provisions of the Gun Control Act were amended in 1986, and that the GCA allows dealers to sell or dispose of a long gun to a resident of another state provided, (1) the purchaser was not otherwise prohibited from receiving or possessing a firearm under the GCA, and ( 2) the sale, delivery and receipt fully comply with the legal conditions of sale in the buyer’s and seller’s States. The condition of sale relating to compliance with the applicable laws of both States cited above continues to cause confusion among dealers, particularly among those dealers who conduct business in a State whose laws presently contain language that allows “contiguous state” sales. Historically, prior to the 1986 amendments to the GCA, many States enacted provisions in their laws that allowed their residents to acquire a long gun in a contiguous State. For the most part, these State law provisions were modeled after the contiguous state provisions of the GCA. However, even though the GCA was amended in 1986 to allow the sale of long guns to residents of any State pursuant to the conditions cited above, many States have not yet amended their laws to reflect similar language. ATF takes the position that if the laws of a given State allow its residents to acquire a long gun in a contiguous State, those laws also allow its residents to acquire a long gun in any other State where the laws of that State permit such transactions, unless the language contained in that State’s law expressly prohibits it residents from acquiring a firearm outside that State. Questions regarding particular State law provisions should be referred to your local ATF office. |
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FFL Tip of the Month - October 2010:
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.
http://www.atf.gov/firearms/industry/tip-of-the-month-2010.html
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. Neither Florida nor Tennessee have a law explicitly prohibiting the purchase of long guns out of state. |