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Discussion Starter · #1 ·
So, I'm sitting here trying to locate a good pump shotgun and I had a thought that turned into a question.

I'm licensed in NJ, but I'm visiting my friends in CO in two weeks. It's a given that we'll end up at the Bass Pro Shop there, because it's unbelievable.

The question is, would I be able to purchase a shotgun there with my NJ permit?

Sorry, if that's a stoopit question, but I searched around and can't find an answer.

Thanks!
 

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Discussion Starter · #3 ·
Thanks for taking the time to reply Fronty.

Here's a part two...Would it need to be shipped back to my FFL in NJ? Or, could I walk out of the Bass store and go shooting in the CO woods with my buddy.
 

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It depends on the NJ regulations. The FFL in CO must comply with Federal, CO, and NJ regulations. The Fed and CO rules are no problem to him, he is familiar with them, but the NJ rules might be a different thing. I don't know the NJ rules myself, but I know that as a resident of VA I cannot buy a gun in any other state without having it shipped to an FFL in VA, because no dealer outside of VA can comply with the VA rules.
 

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I think most states require you to be a resident to buy a firearm? I live in Georgia we have some of the most fair gun laws in the country. You still have to be a resident with a valid Georgia state I.D. to buy firearms.
 

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SOC

Should'nt robanna be able to buy a shotgun in CO from BPS and go hunting?

I mean, he is a private citizen exercising his legal right to legally purchase a long gun while on vacation, correct?

If all the above is still correct, he should then be able to fly back to NJ with the long gun as checked baggage, as long as he complies with the airlines regulations, correct?

If I have misunderstood anything, please set me straight.

Joe
 

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NuClayGuy said:
Should be able to buy a long gun out of state....can in Texas anyway.
Not if you are from VA, you can't! Why is a long story that I"m not going to go into now, but the bottom line is a TX dealer cannot sell to anybody who is from a state that prohibits buying a gun in other states.

Federal law says a TX dealer must comply with the TX rules, and the Federal rules, and the rules of the buyer's home state.

VA is generally a gun-friendly state, but VA's instant background system was in place before the Federal system was set up, and it is different from the Federal system in a few details. Going through the Federal background check does not satisfy VA rules - it has to go through the VA background system, and only VA dealers have access to that.

A certain MD dealer got into trouble with the Feds for selling to customers from VA and going through the Federal background check. He satisfied the MD rules, and all the Fed rules except the Fed rule that says he has to satisfy the VA rules when he sells to Virginians. He can't satisfy the VA rules, therefore he can't legally sell to Virginians - and neither can a TX dealer.

I don't know whether a NJ resident would have a problem like that - but it is possible.
 

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Likely not. In Utah you have to be a resident 6 months before you can legally purchase a firearm here. My residence time was never an issue in Colorado when I lived there and bought guns there, so I'm not sure what their laws say, and I don't feel too inclined to research it. Finals coming up and all.

Have your friend buy you a gift. There's nothing illegal about that.
 

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John Pass said:
I think most states require you to be a resident to buy a firearm? I live in Georgia we have some of the most fair gun laws in the country. You still have to be a resident with a valid Georgia state I.D. to buy firearms.
Sorry, my friend, but that's not true. Or, at least it wasn't true in December of '04. At that time, I was resident of South Carolina on a 2-week work assignment to Ft. Benning (Columbus, GA area). During the 2nd week, I walked into a gun shop and purchased an AR-15. All I needed was my SC driver's license.

I don't have an answer to the question at hand. I suggest you look up the number of the Bass Pro Shop store you'll be visiting, give them a call and run your question past them.

MRPOWER said:
Have your friend buy you a gift. There's nothing illegal about that.
I wouldn't go there - the BATF has a "thing" for straw purchases, and something like this could meet their definition.
 

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You would have to have the gun shipped to your NJ FFL. You could buy a long gun from a neighboring State, but that's not the case here. Your NJ firearms ID card is only applicable to/in NJ.

Buying the gun there would also incur their State sales tax if they have one. In a State with sales tax, you are better off buying a gun over the phone and having it shipped to your FFL - no tax that way. Lastly, there are plenty of Bass Pro Shops around, not to mention that huge Cabelas store in Hamburg, Pa or better yet - Miller's Gun Shop on Rt 13 in New Castle, De, only a couple of miles from the bridge.

NJ is a pain in the a$$. I'm glad that I moved.
 

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http://www.atf.gov/firearms/faq/faq2.htm#b

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person's own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser's own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]
 

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Well done jlb that ought to clear up the orig poster's question.
I really feel sorry for some of you guys, as a resident of Iowa I have bought in person and returned with the same day long guns from, Nebraska, Kansas, Missouri, and Minnesota.

What I have found to be one of the biggest hangups is not the Federal and State regulations, but the corporate ones enacted by big companies like Acadamy Sports, Bass Pro, Etc. Almost all of them have some sort of policy limiting who they will sell to. Many times they will only sell to residents of the stated in which they are located, or a closely bordering state. This is where some people get the idea that it is a Federal regulation that you can't sell long guns to someone from out of state, when in reality you can. But it sure looks like that VA law sucks, I sure wish they would make it that states and muni's cannot make the laws more restrictive than the Feds in this area.

Best regards,

Jeff

The nut list- Baker 1898 Damascus barrel double hammer gun / American Arms single shot 12 ga/ Winchester Model 12 26" IC solid rib black diamond high grade straight grip checkered stock and fore end 12ga / Winchester 1300 Black Shadow Turkey 12ga / Winchester SX2 3 ½" 12ga / Browning Gold Hunter 20ga / Stoeger 2000 Max4 camo 12ga / Beretta AL391 Urika Gold 12ga / Remington 870 Wingmaster 20ga / Springfield .410 single shot (for yet to be conceived grand babies)/ Ugartechea Model 30 12 ga/
 

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BPGuy said:
I wouldn't go there - the BATF has a "thing" for straw purchases, and something like this could meet their definition.
Yes, they do. And no, it won't. Not if it is a GIFT. Now, if the friend is buying the gun for you, as in in place of you, that's a straw purchase. But just like wives can buy husbands christmas presents (as an example), so too friends can buy guns for friends. Straw purchasing generally comes into play when the end user is ineligible to buy a gun (felon, etc...) and the buyer knows this and knows that the purpose of the transaction is to sham the regulations. I'm sure I could do as our helpful friend above who looked up the relevant section of U.S.C. and find a definition of straw purchaser for you. But I won't.

And in plain english, what the regulation above quoted says is in line with what the VA poster above noted. IF the purchasing state's process would pass the other state's process, then the purchase may proceed. Of course, a store may, as also noted above, choose to whom and under what conditions it will sell firearms. Nothing you can do about that either. And there may be state laws as well to be considered. All the cited section above does is establish that there is no federal bar to the purchase, so long as the conditions therein specified are met.
 

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Discussion Starter · #17 ·
First, I want to thank you all for the helpful feedback. I truly appreciate it.

This morning, I called Bass Pro Shop and asked if I could buy from them. The exact response was that their policy is "they don't sell guns to citizens unless they are 1) residents of CO, or 2) live in a state that touches a border of CO."

So, it looks like I can't buy. However, I was able to locate a Benelli Super Nova with the Comfortech stock for $380 at a dealer in NJ. It's a bit of a drive north, but it beats having nothing! And, I can still travel to CO with my guns and shoot!

:D
 

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You can buy a firearm pretty much in any state. Walking out the door with it is another matter. Any dealer can sell you a firearm but then it must be shipped to a licensed FFL and you must abide by all laws in your state of residence.
Some states that laws are so convoluted as alot of sellers don't want to even be bothered with an out of state resident ala N.J. They use the "do you have a NJ firearm I.D. " as thier out when it's the furthest thing from the truth. They just couldn't be bothered because they don't want the aggrievation. I'm sure Griffin & Howe has sold more than a few firearms to non residents when they wanted to shell out $8 or 9000 on a shotgun.
 

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If you have a NJ FID Card, you can legally buy a long gun in any state. But that doesn't mean the seller has to sell to you if they don't want the hastle of ensuring legallity in your home state. Now, NJ regulates its citizens even when out of state. If you did not have a card, it is illegal for you to purchase anywhere, even in a state that would otherwise allow it.

You can also buy anywhere in a face to face private transaction. In fact, most people do not realize that here in NJ you can participate in private transactions as long as each has an FID card.

You might check with Cabela's or Gander Mountain on their policies - they may differ from bassPro.

And FYI, I fly out of Newark all the time with guns and it is no big deal... Why not buy here and show this freaky state that there are gun owners here! And you can buy over at Cabelas on I-78 in PA with no problem either.

Good luck with your trip.
 

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Give your buddy the cash, have him purchase it, use it, and ship it to your FFL in NJ.
 
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