Out of State purchase

[digital_alchemy]

Good Evening,

I just wanted to try and get a verification of what the local shop told me. I recently separated from the military and started working in MD. I was a FL resident at the time of separation and I've not changed my driver's license and registration over yet since starting work in MD.

I've found a AR-15 I would like to purchase in PA and the local gun shop here in AA county says I can do that as long as I complete the purchase before changing my license and registration to MD.

Any advice greatly appreciated.

Thanks.

 

[stu929]

How much are they looking for it? Is it an HBar?

It will have to be shipped to a local FFL and then can be transferred to you....Hold that thought I misread. Not sure seeing that you are a Fla resident. You will probably have to drive there and pick it up.

 

[digital_alchemy]

How much are they looking for it? Is it an HBar?

It will have to be shipped to a local FFL and then can be transferred to you....Hold that thought I misread. Not sure seeing that you are a Fla resident. You will probably have to drive there and pick it up.

It's a Core 15 MOE on gunbroker so not sure how high the auction will go.

Yeah I emailed the seller to verify that I could drive up and pick it up locally since I'm still technically a FL resident for the moment.

 

[ThatIsAFact]

it depends

Good Evening,

I just wanted to try and get a verification of what the local shop told me. I recently separated from the military and started working in MD. I was a FL resident at the time of separation and I've not changed my driver's license and registration over yet since starting work in MD.

I've found a AR-15 I would like to purchase in PA and the local gun shop here in AA county says I can do that as long as I complete the purchase before changing my license and registration to MD.

Any advice greatly appreciated.

Thanks.

The answer depends on the actual state of your residency. Here is the ATF FAQ:

Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State[/A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication. [18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency
​

The answer also depends on who you are buying the rifle from. If you are an actual Florida resident and you wish to buy from an FFL in Pennsylvania, then an over-the-counter purchase in Pennsylvania is permissible under federal law. But you wish to buy from a private individual in Pennsylvania, he must ship to an FFL in your state of residence, and the purchase must be in accord with the laws of both states, according to federal law.

 

[digital_alchemy]

Thanks for the info... Think I may stop by a MSP office and see what they say about it also.

Anyone know which I should talk to in AA county?

Thanks

 

[ThatIsAFact]

Thanks for the info... Think I may stop by a MSP office and see what they say about it also.

It's mainly a federal law question. If you were going to consult a law enforcement agency about it, I would start with ATF.

 

[gungate]

Thanks for the info... Think I may stop by a MSP office and see what they say about it also.

Anyone know which I should talk to in AA county?

Thanks

You could ask 10 different MSPOs and you'd get 10 different answers and probably all of those answers would be wrong.

 

[Biggfoot44]

Almost. IF the OP is a valid Fla resident, the purchaser could take the rifle to his local FFL , hand to FFL face to face , and the FFL then sell to the Fla resident.

No comment is being made to the OPs status of State of Residence.

 

[Biggfoot44]

Opps , the SELLER could take to Pa FFL in person.

 

[ThatIsAFact]

Opps , the SELLER could take to Pa FFL in person.

Hmmmmmm. Well, you might be right about that. I am not sure. Federal law allows an unlicensed person to buy a rifle or shotgun over the counter from an FFL dealer in any state (if permitted by the state laws), but it does not permit direct purchases from unlicensed individuals. In this case, he wouldn't be buying it from the dealer -- he'd be buying it from the Pennsylvania unlicensed person, with the Pennsylvania FFL acting merely as a transfer agent in your scenario. Can the Pennsylvania FFL serve as transfer agent for a resident of another state? It would make sense, since if the Pennsylvania FFL actually owned the same long gun he could sell it across the counter to the Florida resident. But that it makes sense does not mean that it is legal. This from the ATF website (I've added some italics for emphasis) -- I recognize that it does not settle the issue:

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]​

 

[marko]

recently means 'last week' or within 30 days -
that is the time you need (ed) to change your FL drivers license.
I think you use your FL status to purchase the
AR cash and carry, and later change both your license and also car registration
to MD. In my experience, asking a LEO about the law
is silly. They just execute the law, not interpret it.
Just buy the gun now.