Out of State Purchase of Long gun

[Confused]

I am a NJ resident and I do have a current NJ FID card. Can I legally purchase privately owned rifles (long guns) from a NYS resident who is the legal registered owner of said long guns without going through a FFL? One is a hunting rifle 30.08 and the other a .22 both firearms are not on the NJ banned gun list.

I hope someone could help clarify this for me and is able to back it up with facts (supporting documents). Thanks in advance.

[BRN169]

Originally Posted by Confused

I am a NJ resident and I do have a current NJ FID card. Can I legally purchase privately owned rifles (long guns) from a NYS resident who is the legal registered owner of said long guns without going through a FFL? One is a hunting rifle 30.08 and the other a .22 both firearms are not on the NJ banned gun list.

I hope someone could help clarify this for me and is able to back it up with facts (supporting documents). Thanks in advance.

Short answer is no.

The Paul Harvey answer,

Any transfer between residents of different states must go through at least one FFL. In the case of a long gun (rifle/shotgun) it can be an FFL in either the purchaser's or seller's state in the case of a handgun the transfer must take place between the purchaser and an FFL in their state of residence...

Hope this helps. Take care.

[mbogo]

NJ law precludes your being able to do so without involving an FFL dealer.

The reality is that no one but you and the seller (who, for the purposes of this discussion, is assumed to be a private individual, not an FFL dealer) will know or care if it is a face-to-face private transaction.

mbogo

[2A Sister]

With interstate sales you need an FFL on the receiving end. That's the federal law, and doing it any other way would be at your own risk.

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

More here: http://www.atf.gov/firearms/faq/unlicensed-persons.html

Just to clarify, by "licensed" they mean a licensed FFL. In a nutshell, if you sell out of state you have to go through an FFL; in-state you don't need to do that.

[C. Lind Aitken]

Originally Posted by mbogo

The reality is that no one but you and the seller (who, for the purposes of this discussion, is assumed to be a private individual, not an FFL dealer) will know or care if it is a face-to-face private transaction.

mbogo

If the gun is then stolen from you, it will be known.

[mbogo]

Originally Posted by C. Lind Aitken

If the gun is then stolen from you, it will be known.

Long guns are not registered in NJ; how would anyone know it was purchased from an out-of-state source?

mbogo

[Fun Bob]

A completely meaningless provision added to the 68 GCA post JFK. They killed the mail order gun industry because Oswald had purchased his Carcano mail order. Absent mail order, he could have purchased it from any corner gun shop. It didn't solve the problem that wasn't there to begin with. It's just another layer of control and bureaucracy.

[Confused]

Thanks for the clarification and information, I appreciate it.

Was there ever a time you could purchase/sell to an out of state resident without breaking any federal laws by not using a FFL?

[press1280]

At my Walmart they sell rifles, and they have a map showing what state residents can purchase there. NJ is one of the states. Is Walmart an FFL?

[Fun Bob]

Originally Posted by Confused

Thanks for the clarification and information, I appreciate it.

Was there ever a time you could purchase/sell to an out of state resident without breaking any federal laws by not using a FFL?

Pre the 68 GCA, you could buy guns directly from mail order houses and have them shipped straight to your house. The concept of an FFL

I haven't dont' much gun law reading for the past couple of years and it was before my time so I'm not real clear on the historical process. Please keep that in mind and don't quote me. But the whole concept of a firearms license to engage in the business of selling firearms was mandated by the 1968 GCA. Before that, there was no federal license required to sell guns.

I believe even arms that were regulated by the NFA (DD, SBR, AOW, FA, SUP, etc) could transfer directly without a licensee although you were still required to pay the NFA fee (really, it is a transfer tax) depending on type of device. $5 for AOW (after 1960) and $200 for DD, FA, SBR, SUP. Today, you need prior approval from the ATF to own any of these. Before the 68 GCA, not sure if you could purchase then file or needed prior-approval as today.