Quote:
Originally Posted by virgind
|
Absolutely incorrect. You have confused information about background checks and waiting periods with laws about inter-state purchases.
The law regarding interstate purchase of handguns is in a state of flux, but generally speaking the Gun Control and Safe Streets Act of 1968, still governs.
This requires that a handgun sale transaction between people in two different states must involve a Federal Firearm Licensee in each state. So, for example, if I were to want to sell a firearm to a man in Georgia I would turn it over to a Florida FFL dealer who would ship it to a Georgia FFL dealer who would turn it over to the buyer.
If I were to discover that a firearms dealer in Virginia (who would of necessity be a FFL holder) was offering a gun I wanted, the dealer would have to ship it to a Florida FFL holder who would deliver it to me. I could not simply accept the gun at the point of sale if I happened to be in Virginia when I wanted to make the purchase.
In all of the above transactions listed above, both FFL holders would have to fill out all appropriate paperwork.
NOW, here's where the water gets muddy. The official ATF web site says "If a person
maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State. [27 CFR 478.11]" Personally, I wouldn't attempt a "individual to individual" gun show purchase (the so-called gun show loophole) without a personal inquiry with an ATF agent in advance. Penalties for violations can be severe.
It is not entirely clear how long those "certain periods" must be. I would venture a guess that most people at gun shows have no idea of this provision, and would think you were an undercover cop attempting to entrap them if you proposed this provision.
An interesting development is that a judge in North Texas has struck down the provision of the 1968 law that prohibits an out of state resident taking delivery of a handgun at the point of sale. This ruling still faces going to the Court of Appeals and the Supreme Court, so means little at this point in time.
You can research a lot about gun laws at the web site of the National Rifle Association Institute for Legal Action.
NRA-ILA | Citizen's Guide To Federal Firearms Laws - Summary
-------------------
Now, let's touch on the erroneous reply above about having a CCW license. In Florida, if you have a CCW license you must still have a background check. In some counties, including Hillsborough where I live, having a CCW does eliminate the requirement for the three day waiting period before taking delivery of the firearm.