Interstate purchase of long gun?

[finity]

I'm trying to figure out the laws (both state & federal) regarding interstate purchases of a long-gun (not handgun).

Reading through the applicable state statute:

IC 35-47-5-6
Purchasing or obtaining a rifle or shotgun
Sec. 6. (a) Any resident of Indiana:
(1) who is eighteen (18) years of age or older; and
(2) who is not prohibited by law from obtaining, possessing, or using a firearm;
may purchase or obtain a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois.
(b) Any resident of Ohio, Kentucky, Michigan, or Illinois:
(1) who is eighteen (18) years of age or older; and (2) who is not prohibited by the laws of Indiana, his domicile, or the United States from obtaining, possessing, or using a firearm;
may purchase or obtain a rifle, shotgun, or ammunition for a rifle or a shotgun in Indiana.
(c) Any transaction under this section is subject to the provisions of the Gun Control Act of 1968 (82 Stat. 1213, 18 U.S.C. 0.922(B)(3)).
As added by P.L.311-1983, SEC.32.

& the federal statute referenced above (18 USC 922(b)(3):

(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase
or possession by such person of such firearm would be in
violation of any State law or any published ordinance applicable
at the place of sale, delivery or other disposition, unless the
licensee knows or has reasonable cause to believe that the
purchase or possession would not be in violation of such State
law or such published ordinance;
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a
place of business in) the State in which the licensee's place of
business is located, except that this paragraph (A) shall not
apply to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the licensee's
place of business is located if the transferee meets in person
with the transferor to accomplish the transfer, and the sale,
delivery, and receipt fully comply with the legal conditions of
sale in both such States (and any licensed manufacturer, importer
or dealer shall be presumed, for purposes of this subparagraph,
in the absence of evidence to the contrary, to have had actual
knowledge of the State laws and published ordinances of both
States), and (B) shall not apply to the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

it looks as though a person who is an IN resident can go to one of the adjoining states listed & buy a long-gun in a FTF transaction with a FFL (meeting all other 4473 requirements) & bring the gun home across state lines without having to go through a FFL in IN.

The above exemption does not allow a FTF purchase of a long-gun between two private parties that do not live in the same state. Those still have to go through a FFL in the home state of the purchaser.

Am I correct on this?

Additionally, a purchase of any long-gun (even FTF, even if purchased from a FFL in that state) that is not in one of the listed adjoining states, requires the gun be sent to a FFL in IN to complete the transaction.

Is that also correct?

 

[NateIU10]

Correct on all counts

 

[VN Vet]

I have purchased long guns off GunBroker.com and had them sent to my FFL holder with no problems.

You will have to have them sent to a FFL holder and pay a transfer fee unless you are a FFL holder in which case you can have them sent directly to you. A copy of the FFL is required to be sent to the seller or their FFL holder. Transfer fees here in INDY are 15 to 20 bucks.

 

[indykid]

How sad that now you have to do the deal at an FFL holder in the state next to ours. It wasn't too long ago that a face to face in a boardering state was legal. Slowly our rights are going down the toilet...

finity, as Nate said, you are correct.

 

[finity]

Thanks.

Was talking to someone else at work about it & didn't want to steer him wrong.

 

[rlspach]

I've recently bought in Michigan without requiring FFL transfer. I recently went to Tenessee though and the Walmart gun section had a map showing which state residents they could and couldn't sell to (directly). Indiana was one of the few on the "can't sell" list. When in Georgia recently I purchased a PTR-91. The dealer called the IN atty general's office. They told him he would have to ship to Indiana FFL. All these experiences are very recent, so seems to support that you can buy without FFL transfer in adjoining states but not non-adjoining states.

 

[Indy_Guy_77]

so seems to support that you can buy without FFL transfer in adjoining states but not non-adjoining states.

Almost...

The place you purchase from and fill out the 4473 is the FFL handling that transfer.

Contiguous states to the state you reside in, you CAN purchase long arms in that state provided that the transaction is through an FFL originally.

You can't legally buy a rifle from Billy Joe; unless Billy Joe is either an FFL himself or you both go to an FFL and let the shop to the x-fer.

 

[rlspach]

right - by FFL transfer I meant transfer to an Indiana FFL