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purchase/transport question
Posted: Mon Sep 04, 2006 10:19 pm
by linh811
Hi all,
I do NOT have a CHL. I'm from Houston, flying to Virginia to visit a buddy and to purchase a gun from him. I've never purchased a gun this way before and I'm wondering what is the proper protocol?
I've called Continental Airlines and they said it was OK to check-in an unloaded, locked in hardcase firearm. All I have to do is declare it at the check-in counter.
Any help would be appreciated.
Thanks,
Linh
Posted: Tue Sep 05, 2006 12:20 am
by carlson1
I am sure not an expert, but I believe legally the purchaser of a handgun must be a resident of the State in which a gun is sold.

CHL or no CHL.
Posted: Tue Sep 05, 2006 2:05 am
by longtooth
ditto above. Let one of our FFLs get on the board Tues.
Posted: Tue Sep 05, 2006 3:02 am
by KBCraig
The proper protocol is to have the seller send it to an FFL dealer in the buyer's state of residence.
That's not just protocol, it's the law. The situation as decribed is an illegal transfer.
Yes, I hold an FFL (although I'm not a dealer).
The $25-40 that it would cost the seller to send the pistol Next Day Air to the buyer's local FFL, is a lot cheaper than air fare to Virginia.
Couple of quick points: you can only buy a pistol from a resident or dealer in your home state. You can buy a long gun from a dealer (but not a non-dealer) in any state, so long as both states' laws allow the sale.
If you were buying a long gun from your buddy while visiting him in Virginia, you could go to a Virginia FFL and do the transfer there. But not for a handgun; current law limits you to processing interstate sales through an FFL dealer in your state of residence.
Kevin
Posted: Tue Sep 05, 2006 3:09 am
by linh811
thanks for the advice.
Posted: Wed Sep 06, 2006 8:47 am
by 1TallTXn
Thanks for the info guys.
Those rules are just plain stupid to me.
Posted: Wed Sep 06, 2006 1:46 pm
by KBCraig
1TallTXn wrote:Those rules are just plain stupid to me.
Yes they are, but they have evolved over the years, and are continuing to evolve.
GCA '68 originally limited purchases of long guns to contiguous states, but that was changed (in 1986, I think). One of the reasons you can't buy a long gun in some states today, is that many states update their laws to match the federal law, then don't change back when the federal laws are relaxed. Thus, some states still limit purchases to contiguous states.
Currently an FFL-01 Dealer can sell a handgun to a resident of his state, or a long gun to a resident of any other state, if both states' laws allow it. He can sell guns at his licensed premises, or at a gunshow in his home state (but not in another state).
There is pending legislation that will change this, and allow dealers to sell handguns to residents of other states (so long as both states' laws allow it), and will also allow them to do business at out-of-state gunshows.
Kevin
Posted: Wed Sep 06, 2006 2:15 pm
by cyphur
I bought my Kimber from a guy in another state. He shipped it to a FFL local to me, and I picked it up there.