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Out of state purchase

djstirr
Hello, I am new to this forum. I have a question regarding a long gun purchase.

I am in school in DE and am originally from NYC. I would like to purchase a long gun in DE and keep it there for the time I am going to school. I cannot become a resident of DE since I am only there for school purposes. Would it be possible to get the gun in DE or do I still have to get it transferred to NYC FFL?

If this question has been asnwered aleady somewhere on the forum I apologize in advance.
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Comments

8 comments

Date Votes
  • djstirr
    So here's a different sort of question...

    I know that I can buy a long gun in any state if there are no local laws prohibiting it.

    Here's the puzzler. I will be in Virginia in a couple of weeks for the North South Skirmish Association's Fall Nationals. Another skirmisher has a reproduction Henry rifle in .45 Colt for sale, which I would like to buy. I am from Ohio. He is from Wisconsin, I think.

    So what rules govern transfer of firearms in a third party state, namely Virginia? Do I have to find an FFL holder from Ohio specifically, or will any FFL holder be ok?
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  • Spider7115
    You have to follow the laws of the state in which you reside. In your case and by your own admission, you are a NYC resident. It would be no different than someone staying in a hotel on vacation.
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  • golferboy426
    if you are buying from a dealer I would go in , fill in the paperwork honestly and proceed with the backround check. I suspect you will be OK since it is a long gun
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  • sandwarrior
    From what I see it's legal to buy it. I don't see any waiting period either. So, if you bought it FTF from a dealer you can do so. If you are buying private party, you would need to go to a dealer and go through him(same process but transferring out instead of in). The seller would need to show proof of ownership though.
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  • nmyers
    Not exactly.

    It depends upon whether or not you are a college student. If so, you are considered a DE resident for the time that you reside in a college dormitory or off-campus housing, for purposed of buying a firearm. The law does not indicate how you prove that to the dealer, but I would expect him to ask for both your drivers license & college ID, possibly paperwork from the college.

    If the dealer says no, politely ask him to look it up in ATF P5300.4, ATF Ruling 80-21, on pages 127-128. Of course, he doesn't have to sell you a gun, it's his business.

    Although you can buy any gun legal in DE, remember that you may not be able to ever bring it home with you if it is not legal to own/import in your home city/county/state.

    If you attending a trade school or something similar, then you could buy a long gun in DE, providing that it's purchase & possession is legal for you in both states.

    Neal
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  • MFI
    I sure hope you live off campus ..
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  • djstirr
    this last comment made me laugh so hard that tears came to my eyes. lol. yes I attend Law school in delaware and live OFF-CAMPUS. I wanted to thank all of you for quickly answering my question.
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  • lts
    should you buy down there and decide to bring it home, be aware that long guns must be registered in the 5 boroughs of nyc. you could always leave it with friends upstate or just move upstate.
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