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Buying a rifle out of state.

1,278 Views | 7 Replies | Last: 5 yr ago by Aggietaco
mhnatt
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I understand handguns are different, but i have come across discussion that I may take possession in another state physically.

For example, my residence is in Texas and I have found a rifle here in Wyoming that I'd like to purchase (listed on gunbroker).

Not sure if the seller is a dealer or individual, but I'm assuming a Form 4473 at minimum and I can then take possession while physically in Wyoming? Or does it follow handgun purchases which must be shipped to an FFL in Texas?
HSEAG13
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Dunno if things changed, but we bought several rifles in Cody wy about 15 years ago that we had zero issues with taking back with us...
TX_COWDOC
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May a licensee sell a firearm to a nonlicensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a State other than the State in which the seller's licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser's State of residence and the purchaser takes delivery of the firearm from the licensee in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee's business premises is located in an overthecounter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.
[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)

https://www.atf.gov/firearms/qa/may-licensee-sell-firearm-nonlicensee-who-resident-another-state

www.southpawprecision.com
Type 07 FFL / Class 2 SOT
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mhnatt
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I'm of a lesser educated mind so in plain English:

Translation A: "a non-resident may not take possession of a rifle outside his state"

or

Translation B: "as long as both seller and buyer are complying with laws in both states, the seller may take possession of a rifle outside his state"

I'm thinking B?
TX_COWDOC
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Is the seller (on Gunbroker) an FFL holder? My post earlier refers to an FFL holder / licensee selling the long gun to you as a resident of a state other than where the FFL holder is located. IF that is the case then translation B is correct. If the the seller on Gunbroker is not an FFL holder then they will transfer for the weapon to an FFL holder and you can verify with that FFL holder that they are ok with completing the transaction. Ultimately it is up to the FFL holder to agree to the transfer. Of course you can always have the weapon shipped to your usual FFL person. Hope this helps.

Whatcha buying? The OB wants to know!
www.southpawprecision.com
Type 07 FFL / Class 2 SOT
Nightforce Optics Dealer
AGM Night Vision Dealer
mhnatt
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I haven't spoken with the buyer yet, but he appears to be an individual (non FFL). The item in question is a NIB Marlin 1895 45-70 Dark 16". I think it would make a nice truck gun and for wolf/black bear. Apparently, Ruger (who bought Remington in June), won't be tooling this up again anytime soon (according to discussion on a 45-70 message board I'm on) but it has very good reviews. Thanks for the insight.

mhnatt
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Here is what the seller stated when I referred him to :

"I am a private seller and do not have a licensed business, so that does not apply to me. My ffl dealer said that I cannot legally do a face to face sale to someone who is not a resident of Wyoming."


"a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee's business premises is located in an overthecounter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides"

here: https://www.atf.gov/firearms/qa/may-licensee-sell-firearm-nonlicensee-who-resident-another-state

Does anyone have any clearer interpretations of this so I don't have to make a round trip journey back to Texas just to pickup the firearm? I think the FFL that the seller went to for advice has no skin in the game and is just being lazy or doesn't want to risk so is playing conservative?
mhnatt
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Never mind. I called the local ATF office and they said it is perfectly fine to take immediate possession provided I'm complying with both state laws (as we had thought). I can even walk into Walmart and take immediate possession of a rifle purchase in Cody, WY with only a TX DL.
Aggietaco
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So... where's pics of the new rifle?

I've been interested in a lever gun for a while and decided I need a "light weight" model with a threaded barrel. Only problem with the Marlin is lack of 30-30.
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