Handguns and state lines
D.C. Court Ruling Could Affect Out-Of-State Gun Buying:
You can buy a car from an out-of-state dealer and pick it up there. You can buy a house in another part of the country, as speculators unwisely did during the real estate bubble, sight unseen. But even though the Second Amendment protects an individual right to own firearms — and presumably to buy them — you can’t purchase a handgun while you’re visiting another state.
Well, you can. You just have to have it shipped to your federally licensed firearms dealer. But that’s presuming you live in a state. This case is about those not in a state:
A gun rights group has sued the Justice Department to overturn this prohibition, which became law as part of the Gun Control Act of 1968, and the case is now in front of U.S. District Judge James Robertson in Washington, D.C.
Narrowly speaking, the Second Amendment Foundation has filed the Hodgkins v. Holder suit on behalf of American citizens who live abroad and would like to buy firearms when they return for a visit (but can’t because Form 4473 requires them to list what U.S. state they live in). More broadly, it could restore Americans’ right to buy handguns while traveling across state lines as long as they undergo the normal federal background check.
Wonder how states that do not use NICS but use their own instant check system will play into that.
December 8th, 2009 at 10:51 am
I wonder how that would work for shart-holes like NJ where you need a permission slip,which acts as a registration form, for every single pistol you buy. That would be great to go to other states and buy a pistol, OR just not have to travel with a pistol and instead buy one when I reach my destination!
December 8th, 2009 at 11:00 am
Wold be intereseting to see how this would work for MA too where we have approved listes of guns our overlords say we can own. . . .
December 8th, 2009 at 11:01 am
or should I say we are allowed to purchase. . .
December 8th, 2009 at 11:58 am
I wonder if this applies to people moving from one state to another. Hope I did not break any laws.
December 8th, 2009 at 12:30 pm
“Wonder how states that do not use NICS but use their own instant check system will play into that.”
1. Dealer sees from form that purchaser is from out of state.
2. Dealer calls NICS phone number (same as dealers do in all those states that don’t use their own system.)
3. Deal proceeds from there…
December 8th, 2009 at 12:39 pm
Yep, I was looking at an approved piece at a shop just over the NH line, Really wanted it, really wanted to give them my money, but after shipping and transfer fees, it didn’t make dollars and sense so I thanked them and made do with a box of .22s
December 8th, 2009 at 3:20 pm
I think the real implications are for states that have waiting periods…or worse.
Open up interstate sales, and the barbarian states have to get with the program.
December 8th, 2009 at 7:52 pm
I’ve suggested to several congresscritters in my area that an amendment to some particularly odious (but hugely attractive to liberals) bill repealing all Federal firearms legislation to 1900 would be a potentially *interesting* pseudo poison pill.
I certainly would like to see it trotted out if this healthcare debacle goes further.
Regards,
Rabbit.
December 8th, 2009 at 8:34 pm
I imagine buying a handgun interstate would work the same way buying a longarm interstate does – purchaser has to comply with laws of both states.
What gets interesting in NJ is that NJ considers BB guns firearms, but other states do not… And NJ does not have a license to own, only to purchase…