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  • J pace

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    Just curious here why are so many long guns advertised for sale to Florida resident only I can understand handguns but what's the deal with the long guns
     

    RustedBolt

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    To the best of my understanding....
    The contiguous state rule was removed in the the 1986 amendment to the GCA. Under 18 USC 922 (a)(3) and (a)(5), handguns must be transferred to an FFL in the buyer's state. For long guns, the transfer can be done by an FFL in either state.

    But as I am reminded daily, I could be flat wrong.

    I suspect this thread will be moved soon.
     

    Daezee

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    Because an individual cannot sell interstate direct to an out of state individual resident. Such sales must go through a dealer in the buyer's state. Selling intrastate to another individual doesn't have the expense/hassle of shipping and dealer fee(s).
     

    J pace

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    Now I'm curious as to where you got your information
     

    RackinRay

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    Now I'm curious as to where you got your information

    In that case, rather than ask; I am curious why you do not do your OWN research?

    Daezee is correct to my understanding of the law, and it has been a while; but I did read it a few times over the decades.

    I do think you can read, so why ask and then request for sources?? Wait, it this like that neighbor commercial, when the guy wants three quotes from a neighbor?
     

    jmfillin1

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    Now I'm curious as to where you got your information
    From what I've heard and read previously, the section (I assume) you're referring to about long guns being able to be sold to non residents is part of a larger subsection meant specifically for FFL holders, not specifically private sales. I've also heard otherwise, and I've also heard "it's a gray area" and of course I don't plan on being the guinea pig for case law, so I'll wait until I'm certain. I can also assume that others' take their personal precautions due to a similar opinion. Attorneys exist for a reason, so do judges, as the English language and legal statues can be interpreted differently by even professionals in the field.

    I also believe this is posted in the incorrect forum.

    Sent from my Pixel 3 XL using Tapatalk
     

    J pace

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    In that case, rather than ask; I am curious why you do not do your OWN research?

    Daezee is correct to my understanding of the law, and it has been a while; but I did read it a few times over the decades.

    I do think you can read, so why ask and then request for sources?? Wait, it this like that neighbor commercial, when the guy wants three quotes from a neighbor?
    That's just it I have done my research or tried to but everything you read is quite confusing and what's the point in having this form if I Guy cannot ask an honest question
     

    RackinRay

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    That's just it I have done my research or tried to but everything you read is quite confusing and what's the point in having this form if I Guy cannot ask an honest question

    Fair enough, but when a member replies and another agrees with a separate post; rather than ask where someone got their information, perhaps a better follow on question is needed: Perhaps, "If that is correct, what is the reasoning or basis in law behind that?

    jmfillin1 touched on it, but here is my understanding.

    State laws apply only to the state, and not sales or commerce between state. The laws affecting commerce between states cannot come from individual states, but from the feds.

    The feds, in the gun laws governing FFL holders say long guns can be sold to certain other states residents; contiguous states it the phrase as I remember.

    While this does not appear to apply directly to private citizens directly, there is a possibility of legal complications in such transactions.

    As jmfillin1 said, failing to follow what Feds mandate to dealers is asking to be a poster child in a trial to establish case law! I am not willing to take that risk, and have not researched or read case law on any such issues/trials.

    Bottom line is, some want a CCW and some insist on a bill of sale. Those are the terms that people set. I will NOT sell to a resident of another state without an FFL to do the transfer. It is a cheap way to avoid trouble.
     

    lightningII35

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