Non resident purchasing

[jimfinn]

I need to know about the legalities of purchasing a gun in Louisiana when I am a resident of another state. I am an out of stater at LSU, and would like to purchase a gun soon. Is my only option a private seller? How does this work?

 

[LouisianaCarry]

http://www.atf.treas.gov/firearms/faq/faq2.htm#f2

(F2) May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee 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 licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer 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 over-the-counter 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)]


http://www.legis.state.la.us/lss/lss.asp?doc=97867

LA RS 40:1803. Purchase of rifle or shotgun or ammunition

It shall be lawful for any person residing in this state, including any corporation or other business entity maintaining a place of business in this state, to purchase or otherwise obtain a rifle or shotgun or ammunition in any state which is contiguous to this state and to receive or transport such rifle or shotgun or ammunition into this state and to permit any person residing in a contiguous state to purchase shotguns, rifles or ammunition in this state and to receive or transport such rifles, shotguns or ammunition in this state.

Added by Acts 1970, No. 139, §1.

 

[LouisianaCarry]

Welcome to the site, BTW!

 

[jimfinn]

Thanks for the welcome! How do those laws you mentioned pertain to handguns?

 

[LouisianaCarry]

They pretty much exclude them, unfortunately. Private sale or you have to go back home to buy, as I understand it.

 

[CavalryJim]

I need to know about the legalities of purchasing a gun in Louisiana when I am a resident of another state. I am an out of stater at LSU, and would like to purchase a gun soon. Is my only option a private seller? How does this work?

Define resident of another state?

If you are attending LSU, I'm guessing you are living here for at least 9 months out of the year. Residency has a different meaning depending on the context (tuition, voting, taxes, etc.) A Louisiana driver's license will make you a resident as far as gun dealers are concerned.

 

[asianpersuasion]

can someone tell me what has to be done if i buy a gun (private sale) from a guy that is a resident of florida? do we follow the laws of the sellers state or the buyers state?

 

[spanky]

can someone tell me what has to be done if i buy a gun (private sale) from a guy that is a resident of florida? do we follow the laws of the sellers state or the buyers state?

Interstate sale of firearms has to be done through an FFL, regardless of whether it's being shipped or done FTF, afaik.

 

[asianpersuasion]

so when he comes in next week we have to go to ffl. who should i go to that's cheap?

 

[LouisianaCarry]

Interstate sale of firearms has to be done through an FFL, regardless of whether it's being shipped or done FTF, afaik.

I have read all of Louisiana's laws, but not all the Federal ones. I haven't seen that in LA law, but it wouldn't suprise me if it was there on the fed books. I haven't seen it, though. Do you have a link?

 

[spanky]

No, I don't. I'm just speculating based on the fact that personal interstate sale through means of shipping has to go through dealers.

 

[asianpersuasion]

what if he's not selling it but giving it to me?

 

[LouisianaCarry]

No, I don't. I'm just speculating based on the fact that personal interstate sale through means of shipping has to go through dealers.

I was under the impression that:

shipping: needs FFL

Face to face (private sale, not as a part of a business): no paperwork

Again, I am not as versed on Federal law, so if I am wrong, hopefully someone will correct me.

 

[LouisianaCarry]

what if he's not selling it but giving it to me?

All of the laws I have read in regards to weapons transfers make no differentiation between gifts or sales.

 

[dragginaknee]

Define resident of another state?

If you are attending LSU, I'm guessing you are living here for at least 9 months out of the year. Residency has a different meaning depending on the context (tuition, voting, taxes, etc.) A Louisiana driver's license will make you a resident as far as gun dealers are concerned.

As long as it is your current address on your dl, then gun store should ask you this when buying a firearm.

 

[asianpersuasion]

well spanky was right. wade one of the owners of precision said that he'll have to ship it from a ffl to a ffl. which sucks cause i could have had my sig 220 duty, two tone, with ns two weeks ago. the place in fl told him we could do a ftf at the ffl. and the place he picked them up from only charges $15 for ffl shipping. hope the ffl's in ms don't give him any crap shipping it since he's not a ms resident. i should have looked into this earlier.

 

[LouisianaCarry]

Not saying Spanky was wrong, because he probably was right, but (in my experience- I have never been to Precision, mind you) gun store owners, even nice ones, are not necessarily fluent in local, State and Federal codes. Their motto is usually to err on the side of caution. I just wish I had a lead on the specific part of US code that outlined this. Come to think of it, though, I know where are the Federal code web sites are- I will just have to look into it when I get a chance.

 

[asianpersuasion]

I'm just going to do the shipping route. With this guy being a officer in the Marines and I'm applying for med school we both don't want this transaction to bite us in the glut max.

 

[bloencustoms]

Contiguous?

What do they mean by "contiguous" states? Those that share a common border as in AR, TXand MS? Or do they mean the 48? In other words, is it illegal for a LA resident to purchase a rifle in a state other than MS, TX or AR and bring it home?

 

[LouisianaCarry]

What do they mean by "contiguous" states? Those that share a common border as in AR, TXand MS? Or do they mean the 48? In other words, is it illegal for a LA resident to purchase a rifle in a state other than MS, TX or AR and bring it home?

Just States that border ours (see red below)

It would not seem that it is allowed. While not explicitly prohibited, it would seem to be prohibited by inference.


RS 40 §1801. Declaration of policy

It is declared that it is in the public interest to authorize residents of this state to purchase or otherwise obtain rifles and shotguns or ammunition in states contiguous to this state in compliance with such other laws of this state or its political subdivisions as may be applicable and in compliance with Section 102 of the Gun Control Act of 1968, Public Law 90-618, 18 U.S.C. §921 et seq.1 and it is the declared intention of this state that the sale of shotguns and rifles and the sale of ammunition in this state to residents of adjacent states is hereby authorized pursuant to regulations issued under the Gun Control Act of 1968.

Added by Acts 1970, No. 139, §1.

118 U.S.C.A. §921 et seq.


RS 40 §1802. Definitions

As used in this Part:

(1) "A state contiguous to this state" shall mean any state having a common border with this state.

(2) All other terms shall be given the meaning prescribed in 18 U.S.C. §921 (the Gun Control Act of 1968, Public Law 90-618)1 and the regulations duly promulgated thereunder as presently enacted or promulgated and as hereafter modified.

Added by Acts 1970, No. 139, §1.

118 U.S.C.A. §921 et seq.

RS 40 §1804. Application

This Part shall not apply or be construed to affect in any way the purchase, receipt or transportation of rifles or shotguns or ammunition by federally licensed firearms manufacturers, importers, dealers or collectors except to permit such purchase, receipt or transportation.

Added by Acts 1970, No. 139, §1.