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Handgun purchase with out of state drivers license.

Started by Alex Free Market, May 13, 2009, 10:57 AM NHFT

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Alex Free Market

Does anyone know for a fact whether you can purchase a handgun (or rifle) in New Hampshire with an out of state drivers license?

Second question is, do handguns follow the same general rules for "private sales" that rifles do?   Can I simply buy an old handgun from my friend, for example?  He hands me the handgun, and I hand him the money?   Or is there more involved to private sales?   

I thought Congress amended the private sales thing with the "gun show loophole" fiction they supposedly fixed... so what the heck are the consequences of that, if any?

doobie

If you consider yourself a resident and can prove to the FFL that you are a resident (sufficient that they feel you are a resident and won't get in trouble) then you should be able to buy a firearm even with an out of state drivers license.

Sales between (non-FFL) people of differing states is illegal for handguns, longguns, shotguns.

doobie

Quote from: Alex Free Market on May 13, 2009, 11:26 AM NHFT
Quote from: doobie on May 13, 2009, 11:09 AM NHFT

If you consider yourself a resident and can prove to the FFL that you are a resident (sufficient that they feel you are a resident and won't get in trouble) then you should be able to buy a firearm even with an out of state drivers license.

For me, I'm pretty much screwed then... as I very rarely have any identifying information about myself because I live a very simple lifestyle.  I try not even to incur utility bills, so wouldn't even have a utility bill to identify my address. 

I can't really see a gun shop taking anything other than a drivers license anyway, what with the government having all these gun shop owners pissing in their pants at the prospect of them getting caught disobeying one rule, even inadvertently.


Quote from: doobie on May 13, 2009, 11:09 AM NHFT

Sales between (non-FFL) people of differing states is illegal for handguns, longguns, shotguns.

That's good to know.  Was not aware of that.  Actually wanted to see if my friend would sell me his, but he lives in another state.

YMMV, but usually they want some form of gumermint issue ID; generally a drivers license.  If you can pass a federal background check at some addr in NH you might be able to make the purchase....

Bill St. Clair

#3
Quote from: Alex Free Market on May 13, 2009, 11:26 AM NHFT
Quote
Sales between (non-FFL) people of differing states is illegal for handguns, longguns, shotguns.

That's good to know.  Was not aware of that.  Actually wanted to see if my friend would sell me his, but he lives in another state.

Well, transfers across state lines are illegal without the help of an FFL holder. But if you go to a gun show in another state, or visit a friend, I don't think private sellers there are required to identify you in any way, unless it's in one of the states that has closed the so-called "gun show loophole" (as far as I know, there is no such federal "law"). What you do with that gun then, is your responsibility. It's probably strictly illegal for you to take it home with you, but it would likely be a bitch for anybody to prove that you carried it across state lines.

doobie

Quote from: Bill St. Clair on May 13, 2009, 01:25 PM NHFT
Quote from: Alex Free Market on May 13, 2009, 11:26 AM NHFT
Quote
Sales between (non-FFL) people of differing states is illegal for handguns, longguns, shotguns.

That's good to know.  Was not aware of that.  Actually wanted to see if my friend would sell me his, but he lives in another state.

Well, transfers across state lines are illegal without the help of an FFL holder. But if you go to a gun show in another state, or visit a friend, I don't think private sellers there are required to identify you in any way, unless it's in one of the states that has closed the so-called "gun show loophole" (as far as I know, there is no such federal "law"). What you do with that gun then, is your responsibility. It's probably strictly illegal for you to take it home with you, but it would likely be a bitch for anybody to prove that you carried it across state lines.

You cannot go to another state and lawfully perform a private person-to-person sale or have a person from another state come to yours and perform a face-to-face sale.  Feel free to risk your chance of getting a up to 10,000 fine and a stay for 10 year in government run facility.

Keyser Soce

My experience at the gun show in Manch was that they will not sell you a handgun with an out of state i.d.. They will sell you a long gun with an out of state i.d. as long as the rifle you're purchasing is legal in the state your i.d. is from. So, yes with an AZ i.d., maybe not with a CA or NY i.d.

neggy

any private party  Face to Face sales between residents of 2 different states are illegal. Long or short guns

Sales of long arms by a FFL are legal to out of state residents providing the gun is legal in the buyers home state. For example MA and CA have many restrictions about folding stocks so Rileys isn't going to sell a "evil" MA gun to you. But you can buy a generic say Remington 870 and take it to MA with you and file a FA-10 within 7 days when you get home.

You can buy a handgun from an out of state buyer, but it has to be shipped to a FFL in the buyers home state where the paperwork will be done and the gun turned over to the buyer there.

KBCraig

Quote from: doobie on May 13, 2009, 11:09 AM NHFT
If you consider yourself a resident and can prove to the FFL that you are a resident (sufficient that they feel you are a resident and won't get in trouble) then you should be able to buy a firearm even with an out of state drivers license.

Emphasis on "should be able", but equal emphasis on "no, you cannot".

ATF requires all FFL dealers to verify residence with a current state-issued ID card or DL. There are some exceptions, such as for military with PCS orders; they can purchase legally in both their home state, and the state where they're stationed.

If you don't want to provide any identification, your only choice is a private purchase. That's perfectly legal with no ID at all, so long as you're a resident of the same state as the seller. (It doesn't matter where the sale takes place; two NH residents could conduct a legal transaction in Arizona, if that's where they happened to be.)

grasshopper

  Woooow, you can not buy a gun of any kind unless you have the ffl or an ffl in your state, buy the gun and have it shipped to your state, same thing with personal sales, so just move to new hampster and get a lisence or ID and buy one here.
   Where do you live and what would you like to buy?