Purchase out of state with C&R in person?

mrerick · 04-02-2013, 11:51 AM

Hi,

I can't remember if you can use a C&R license to purchase a handgun from an out of state seller in person.

I know you can have it shipped across state lines using the C&R license, but can you travel to another state, buy a handgun using the C&R and transport it back yourself?

Marc

singleshotman · 04-02-2013, 12:03 PM

there would be no difference, as far as the law is concerned.I doubt you would find any bargens at gun shows out of state, but that's just my 2 cents worth.I long ago gave up on gun shows.As a friend of mine who was a good gun dealer(FFL001 and dd FFL) said "if these people had to sell guns for a living they'd starve to death".Nuff said.

lew1 · 04-02-2013, 12:55 PM

You could purchase from any license holder or any inividual.

It is possible though hat some states could have restrictions.

As to finding C&R items at gun shows, it is possible. I have done so a of number of times.

Edward Tinker · 04-02-2013, 04:24 PM

I used to travel frequently for work, on at least two occasions bought C&R, bought a gun case and brought home on the plane with me.

On several occasions I have been at gunshows in Tulsa, Reno and Louisville and bought items, using my C&R.

If you have your license there is no reason for them to ship it. As an out of towner without a C&R, a person can still buy at a gunshow and have it transferred from one FFL to one in their home state.

mrerick · 04-02-2013, 04:47 PM

Thanks all... I was pretty sure this was the case.

Marc

CJS57 · 04-03-2013, 07:32 AM

No problem with the C&R purchase at the show. The problem comes with the transportation of the handgun through and across state lines. If you were driving with the handgun in your trunk, traveling through some another state on your way home, and there was an accident or search of your car, the local police may not accept your C&R possession of a handgun in their state.

Edward Tinker · 04-03-2013, 07:44 AM

Quote:

Originally Posted by CJS57

No problem with the C&R purchase at the show. The problem comes with the transportation of the handgun through and across state lines. If you were driving with the handgun in your trunk, traveling through some another state on your way home, and there was an accident or search of your car, the local police may not accept your C&R possession of a handgun in their state.

please read the laws. Interstate transport is in the federal regs!

Olle · 04-03-2013, 07:51 AM

Quote:

Originally Posted by singleshotman

there would be no difference, as far as the law is concerned.I doubt you would find any bargens at gun shows out of state, but that's just my 2 cents worth.I long ago gave up on gun shows.As a friend of mine who was a good gun dealer(FFL001 and dd FFL) said "if these people had to sell guns for a living they'd starve to death".Nuff said.

There's a lot of people dragging the same guns to the same shows over and over again, but I have actually made my best purchases at the local shows. For example, got a very nice, matching Nambu T14 for $450 not too long ago, a near mint slotted, 3-lever Radom for $600 last fall, and a buddy of mine bought a whole collection of nice Colt Pythons for about $850 each at the local show last weekend. Just watch the "walkers" and you may get lucky. It can sure take time to sniff them out, but then again: I doubt there are any places where you can find all the guns you want at good prices.

CJS57 · 04-03-2013, 09:19 PM

Ed, I agree about the federal regulations. I should have been more clear in that I was only trying to warn people that local police may not know that! I bolded the NRA's warning shown below.

This is from the NRA/ILA

INTRODUCTION

Federal law does not restrict individuals (except convicted felons; persons under indictment for felonies; adjudicated “mental defectives” or those who have been involuntarily committed to mental institutions; illegal drug users; illegal aliens and most nonimmigrant aliens; dishonorably discharged veterans; those who have renounced their U.S. citizenship; fugitives from justice; persons convicted of misdemeanor crimes of domestic violence; and persons subject to domestic violence restraining orders) from transporting legally acquired firearms across state lines for lawful purposes. Therefore, no federal permit is required (or available) for the interstate transportation of firearms.

Many states and localities have laws governing the transportation of firearms. Travelers must be aware of these laws and comply with legal requirements in each jurisdiction. There is no uniform state transportation procedure for firearms. If in doubt, a traveler should carry firearms unloaded, locked in a case, and stored in an area (such as a trunk or attached toolbox) where they are inaccessible from a vehicle’s passenger compartment and not visible from outside the vehicle. Any ammunition should be stored in a separate locked container.

FEDERAL LAW ON TRANSPORTATION OF FIREARMS

A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.

Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.

Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. The U.S. Court of Appeals for the Third Circuit has also recently held that FOPA’s protections only apply while the firearm is not readily accessible to the traveler, and that a firearm is readily accessible during a hotel stay.

While this decision is only binding in New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands, all travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions’ official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it.

CARRYING ON OR ABOUT THE PERSON

As soon as any firearm is carried on or about the person, or placed loaded or readily accessible in a vehicle, state and local laws regarding the carrying of firearms apply. If you seek to carry or transport firearms in such a manner, it is advisable that you determine what the law is by contacting the Attorney General’s office in each state through which you may travel or by reviewing an NRA-ILA State Firearms Law Digest and the Concealed Carry Reciprocity Guide (available online at http://www.nraila.org/GunLaws/ or by calling NRA-ILA at 800-392-8683). You may also wish to determine whether the state issues any necessary permits to nonresidents and how to obtain one, if available. While many states require permits to carry usable, loaded firearms on or about one’s person, some will not issue such permits to nonresidents.

TRANSPORTATION BY MOTOR VEHICLE

In most states, firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk or otherwise inaccessible to the driver or any passenger.
The exceptions to this rule apply mainly to transportation of handguns and so-called “assault weapons.” The myriad and conflicting legal requirements for firearm transportation through the states make caution the key for travelers.

If you travel with a trailer or camper that is hauled by an automobile, it is advisable to transport the firearms unloaded, cased and locked in the trunk of the car. If your vehicle is of the type in which driving and living spaces are not separated, the problem becomes one of access. If the firearm is carried on or about the person, or placed in the camper where it is readily accessible to the driver or any passenger, state and local laws regarding concealed carrying of firearms may apply. It is recommended, therefore, that the firearm be transported unloaded, cased, and placed in a locked rear compartment of the camper or mobile home, where it is inaccessible to the driver or any passenger.

Generally, a mobile home is considered a home if it is not attached to a towing vehicle, and is permanently attached to utilities, placed on blocks, or otherwise parked in such a manner that it cannot immediately be started up and used as a vehicle.

Once you reach your destination, state and local law will govern the ownership, possession, and transportation of your firearms.

Edward Tinker · 04-03-2013, 11:01 PM

Chris, you are right of course, I knew what you meant, no offense meant!

The fact is, always be careful when traveling.

ed

ithacaartist · 04-04-2013, 08:00 AM

No more private sales in NYS! No C&R transfers or receipt of shipped guns. All pistol transfers and new long guns through an FFL and pistols registered. http://www.governor.ny.gov/nysafeact/gun-reform

The law was amended to allow 10-round mags. but it's only legal to load them with 7 rounds!

I had heard there would be background checks for ammo sales, but the synopsis on the website makes no mention of ammo--that I can find. I'll check about that at the county clerk's office while I'm registering my Thompson semi, due to its ultra-deadly pistol grips and compensator.

Shadowsix · 04-05-2013, 01:31 PM

Quote:

Originally Posted by ithacaartist

...I'll check about that at the county clerk's office while I'm registering my Thompson semi, due to its ultra-deadly pistol grips and compensator.

At least you are allowed to have one. I tried about 7 years ago to get an Auto Ordinance semi auto Thompson in Kalifornia and was told they weren't allowed because of the genocide causing pistol grips!

A semi auto pistol caliber gun because of it's pistol grips!?!?!

Ben M. · 04-10-2013, 08:30 PM

i have bought in my travels too with my c-n-r and packed it up at the hotel and shipped it via ups to my home with full value insurace. did not want to hassle taking it through the airport check-in bag route and i was worried it might fall victim to a light fingered baggage handler. if i buy at a gun show across state lines i just drive with it home.

04-02-2013, 11:51 AM	#1
mrerick Super Moderator - Patron LugerForum Life Patron Join Date: Dec 2009 Location: Eastern North Carolina, USA Posts: 3,920 Thanks: 1,377 Thanked 3,135 Times in 1,518 Posts	Purchase out of state with C&R in person? Hi, I can't remember if you can use a C&R license to purchase a handgun from an out of state seller in person. I know you can have it shipped across state lines using the C&R license, but can you travel to another state, buy a handgun using the C&R and transport it back yourself? Marc __________________ Igitur si vis pacem, para bellum - - Therefore if you want peace, prepare for war.

04-02-2013, 12:55 PM	#3
lew1 Lifer Lifetime Forum Patron Join Date: Aug 2002 Location: Kentucky Posts: 1,108 Thanks: 82 Thanked 204 Times in 112 Posts	You could purchase from any license holder or any inividual. It is possible though hat some states could have restrictions. As to finding C&R items at gun shows, it is possible. I have done so a of number of times. __________________ charlie

04-02-2013, 04:24 PM	#4
Edward Tinker Super Moderator Eternal Lifer LugerForum Patron Join Date: Jun 2002 Location: North of Spokane, WA Posts: 15,962 Thanks: 2,063 Thanked 4,592 Times in 2,114 Posts	I used to travel frequently for work, on at least two occasions bought C&R, bought a gun case and brought home on the plane with me. On several occasions I have been at gunshows in Tulsa, Reno and Louisville and bought items, using my C&R. If you have your license there is no reason for them to ship it. As an out of towner without a C&R, a person can still buy at a gunshow and have it transferred from one FFL to one in their home state. __________________ Edward Tinker ************ Co-Author of Police Lugers - Co-Author of Simson Lugers Author of Veteran Bring Backs Vol I, Vol II, Vol III and Vol IV

04-02-2013, 04:47 PM	#5
mrerick Super Moderator - Patron LugerForum Life Patron Join Date: Dec 2009 Location: Eastern North Carolina, USA Posts: 3,920 Thanks: 1,377 Thanked 3,135 Times in 1,518 Posts	Thanks all... I was pretty sure this was the case. Marc __________________ Igitur si vis pacem, para bellum - - Therefore if you want peace, prepare for war.

04-03-2013, 11:01 PM	#10
Edward Tinker Super Moderator Eternal Lifer LugerForum Patron Join Date: Jun 2002 Location: North of Spokane, WA Posts: 15,962 Thanks: 2,063 Thanked 4,592 Times in 2,114 Posts	Chris, you are right of course, I knew what you meant, no offense meant! The fact is, always be careful when traveling. ed __________________ Edward Tinker ************ Co-Author of Police Lugers - Co-Author of Simson Lugers Author of Veteran Bring Backs Vol I, Vol II, Vol III and Vol IV

04-02-2013, 12:03 PM	#2
singleshotman User Join Date: Dec 2012 Posts: 44 Thanks: 0 Thanked 9 Times in 6 Posts	there would be no difference, as far as the law is concerned.I doubt you would find any bargens at gun shows out of state, but that's just my 2 cents worth.I long ago gave up on gun shows.As a friend of mine who was a good gun dealer(FFL001 and dd FFL) said "if these people had to sell guns for a living they'd starve to death".Nuff said.

04-03-2013, 07:32 AM	#6
CJS57 User Join Date: Nov 2011 Posts: 224 Thanks: 0 Thanked 81 Times in 41 Posts	No problem with the C&R purchase at the show. The problem comes with the transportation of the handgun through and across state lines. If you were driving with the handgun in your trunk, traveling through some another state on your way home, and there was an accident or search of your car, the local police may not accept your C&R possession of a handgun in their state.

04-03-2013, 09:19 PM	#9
CJS57 User Join Date: Nov 2011 Posts: 224 Thanks: 0 Thanked 81 Times in 41 Posts	Ed, I agree about the federal regulations. I should have been more clear in that I was only trying to warn people that local police may not know that! I bolded the NRA's warning shown below. This is from the NRA/ILA INTRODUCTION Federal law does not restrict individuals (except convicted felons; persons under indictment for felonies; adjudicated “mental defectives” or those who have been involuntarily committed to mental institutions; illegal drug users; illegal aliens and most nonimmigrant aliens; dishonorably discharged veterans; those who have renounced their U.S. citizenship; fugitives from justice; persons convicted of misdemeanor crimes of domestic violence; and persons subject to domestic violence restraining orders) from transporting legally acquired firearms across state lines for lawful purposes. Therefore, no federal permit is required (or available) for the interstate transportation of firearms. Many states and localities have laws governing the transportation of firearms. Travelers must be aware of these laws and comply with legal requirements in each jurisdiction. There is no uniform state transportation procedure for firearms. If in doubt, a traveler should carry firearms unloaded, locked in a case, and stored in an area (such as a trunk or attached toolbox) where they are inaccessible from a vehicle’s passenger compartment and not visible from outside the vehicle. Any ammunition should be stored in a separate locked container. FEDERAL LAW ON TRANSPORTATION OF FIREARMS A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. The U.S. Court of Appeals for the Third Circuit has also recently held that FOPA’s protections only apply while the firearm is not readily accessible to the traveler, and that a firearm is readily accessible during a hotel stay. While this decision is only binding in New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands, all travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions’ official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it. CARRYING ON OR ABOUT THE PERSON As soon as any firearm is carried on or about the person, or placed loaded or readily accessible in a vehicle, state and local laws regarding the carrying of firearms apply. If you seek to carry or transport firearms in such a manner, it is advisable that you determine what the law is by contacting the Attorney General’s office in each state through which you may travel or by reviewing an NRA-ILA State Firearms Law Digest and the Concealed Carry Reciprocity Guide (available online at http://www.nraila.org/GunLaws/ or by calling NRA-ILA at 800-392-8683). You may also wish to determine whether the state issues any necessary permits to nonresidents and how to obtain one, if available. While many states require permits to carry usable, loaded firearms on or about one’s person, some will not issue such permits to nonresidents. TRANSPORTATION BY MOTOR VEHICLE In most states, firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk or otherwise inaccessible to the driver or any passenger. The exceptions to this rule apply mainly to transportation of handguns and so-called “assault weapons.” The myriad and conflicting legal requirements for firearm transportation through the states make caution the key for travelers. If you travel with a trailer or camper that is hauled by an automobile, it is advisable to transport the firearms unloaded, cased and locked in the trunk of the car. If your vehicle is of the type in which driving and living spaces are not separated, the problem becomes one of access. If the firearm is carried on or about the person, or placed in the camper where it is readily accessible to the driver or any passenger, state and local laws regarding concealed carrying of firearms may apply. It is recommended, therefore, that the firearm be transported unloaded, cased, and placed in a locked rear compartment of the camper or mobile home, where it is inaccessible to the driver or any passenger. Generally, a mobile home is considered a home if it is not attached to a towing vehicle, and is permanently attached to utilities, placed on blocks, or otherwise parked in such a manner that it cannot immediately be started up and used as a vehicle. Once you reach your destination, state and local law will govern the ownership, possession, and transportation of your firearms.

04-04-2013, 08:00 AM	#11
ithacaartist Twice a Lifer Lifetime Forum Patron Join Date: Mar 2011 Location: Atop the highest hill in Schuyler County NY Posts: 3,369 Thanks: 7,433 Thanked 2,611 Times in 1,378 Posts	No more private sales in NYS! No C&R transfers or receipt of shipped guns. All pistol transfers and new long guns through an FFL and pistols registered. http://www.governor.ny.gov/nysafeact/gun-reform The law was amended to allow 10-round mags. but it's only legal to load them with 7 rounds! I had heard there would be background checks for ammo sales, but the synopsis on the website makes no mention of ammo--that I can find. I'll check about that at the county clerk's office while I'm registering my Thompson semi, due to its ultra-deadly pistol grips and compensator. __________________ "... Liberty is the seed and soil, the air and light, the dew and rain of progress, love and joy."-- Robert Greene Ingersoll 1894

04-10-2013, 08:30 PM	#13
Ben M. User Join Date: Dec 2009 Location: Retired to Naples, FL. Posts: 498 Thanks: 96 Thanked 145 Times in 90 Posts	i have bought in my travels too with my c-n-r and packed it up at the hotel and shipped it via ups to my home with full value insurace. did not want to hassle taking it through the airport check-in bag route and i was worried it might fall victim to a light fingered baggage handler. if i buy at a gun show across state lines i just drive with it home.