Purchasing rifle from out of state FFL

[ballzac86]

I'll be living in florida for about 3 months or so, and I'd like to pick up a few things while I'm down there. I've done some looking around, and haven't seen anything that says I wouldn't be able to, as long as Indiana law doesn't prohibit it. I called an FFL dealer down there a few min ago, and he said he didn't think it would be a problem, but would have to make sure he wouldn't get in trouble for violating any laws. I know Florida and Indiana honor each others CCW/LTCH permits, but I was hoping there wasn't anything that will prevent me from purchasing any rifles down there. -Grant

 

[NateIU10]

If you're an IN resident, you can't purchase at a FL FFL. There is an exception for long-guns from FFLs, but only to our bordering states.

 

[ballzac86]

Is that an Indiana law, or one that everyone thinks is a federal law, kind of like the "no guns in commercial vehicle, "law?""

 

[Bill of Rights]

Is that an Indiana law, or one that everyone thinks is a federal law, kind of like the "no guns in commercial vehicle, "law?""

Quote found on another site. I do not take responsibility for the interpretation, but it does cite 18 USC which is the governing federal law.

The OP is apparently a FL resident living temporarily in TN.

18 USC 922 - Federal Law States:


Quote:
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver--
(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;
Notice the bolded and underlined part. Florida (and TN, in this case) law sets forth the legal conditions of the sale:


Quote:
790.28 Purchase of rifles and shotguns in contiguous states.--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.
It is a Federal felony for an FFL in a state not contiguous with FL to sell a long gun to a Florida resident and for the Florida resident to then bring that long gun into the state of Florida. The exception mentioned below in (b)(3) does not apply because the sale did not conform to FL law as required by (b)(3):


Quote:
Sec. 922. Unlawful acts

(a) It shall be unlawful--
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person is a
corporation or other business entity, the State where it maintains a
place of business) any firearm purchased or otherwise obtained by
such person outside that State, except that this paragraph (A) shall
not preclude any person who lawfully acquires a firearm by bequest
or intestate succession in a State other than his State of residence
from transporting the firearm into or receiving it in that State, if
it is lawful for such person to purchase or possess such firearm in
that State, (B) shall not apply to the transportation or receipt of
a firearm obtained in conformity with subsection (b)(3) of this
section, and (C) shall not apply to the transportation of any
firearm acquired in any State prior to the effective date of this
chapter;

Boldface, above, added by the poster I quoted. Additionally, the above quote in 790.28 appears to be FL law. I think I recall similar in IN law and I'll look for it, but do not have the cite at this writing.

ETA: Found it.

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)).

Hope this helps.

Blessings,
B

 

[CarmelHP]

What do you mean you're living in Florida. Do you maintain a residence in FL and in IN? If so, your are a resident of each state for the time you actually reside there (e.g. maintain a winter home) and are free to make purchases. What's your situation?


Also, see here

 

[ballzac86]

I will be working down in florida for 3 months or so...I only have residence in Indiana.

 

[rkba_net]

If you're an IN resident, you can't purchase at a FL FFL. There is an exception for long-guns from FFLs, but only to our bordering states.

The "contiguous state" language was deleted from Federal Law in 1986 with the passage of the Gun Owners Protection Act...The old law required enabling legislation in contiguous states for it to be legal. The language that is left in Indiana law is obsolete, it only says it is legal to purchase in a contiguous state, it DOES NOT say it is ILLEGAL to purchase in other non-contiguous states. note some states enabling legislation did ban non-contiguous state sales, the new Federal Law does NOT over-rule this.... you may purchase a long gun from an FFL in another state as long as both states laws are obeyed.

 

[Bill of Rights]

The "contiguous state" language was deleted from Federal Law in 1986 with the passage of the Gun Owners Protection Act...The old law required enabling legislation in contiguous states for it to be legal. The language that is left in Indiana law is obsolete, it only says it is legal to purchase in a contiguous state, it DOES NOT say it is ILLEGAL to purchase in other non-contiguous states. note some states enabling legislation did ban non-contiguous state sales, the new Federal Law does NOT over-rule this.... you may purchase a long gun from an FFL in another state as long as both states laws are obeyed.

However, because of that provision in IN law, ATF has ruled that Hoosiers may ONLY purchase long guns in IL, IN, OH, KY, or MI. I think I saw that here also, not on their (ATFs) site.

Blessings,
B

 

[rkba_net]

However, because of that provision in IN law, ATF has ruled that Hoosiers may ONLY purchase long guns in IL, IN, OH, KY, or MI. I think I saw that here also, not on their (ATF's) site.

Blessings,
B

This is incorrect... There is no letter to Indiana FFL dealers on the BATFE web site for this "ruling"... see...

ATF Rulings

Open Letters - Federal Firearms Licensee


Indiana law is pretty straight forward on it... it says that it is legal to purchase a long-gun from a contiguous state... which WAS required of the old Federal Law.... it DOES NOT say it is illegal to purchase a long-gun from a non-contiguous state... if something is not specifically illegal under the law, it is by definition legal... that being said not all FFL's know this and some go by the old law...

 

[ballzac86]

I ended up getting what I needed up there before I left, but I'll update this if I attempt to buy another lower or another rifle while I'm down here in Orlando.