Firearm purchases across state lines

**njsportsman** · November 3rd, 2016, 05:30 PM

I live in the Peoples Republic of NJ and I know you cannot buy a handgun in PA without a transfer but, I do know that I can buy a long gun in another state as long as i pass that states PICS, NICS or whatever they do because I did it in Delaware. I am looking for a lower and found what i want at a PA gun store but their Facebook page says must be a PA resident and 21. Well the 21 I got covered but, I don't understand why that is. Are AR lowers different? If so can someone explain why because all the restrictions are on the upper and the magazine well fits any size mag. Could it because the stock has to be pinned but, that don't make sense because you can buy one in NJ without the stock on it. Maybe it's the store that doesn't want to be bothered with out of state sales. Thanks in advance

**Sgt.K** · November 3rd, 2016, 05:37 PM

Originally Posted by njsportsman

I live in the Peoples Republic of NJ and I know you cannot buy a handgun in PA without a transfer but, I do know that I can buy a long gun in another state as long as i pass that states PICS, NICS or whatever they do because I did it in Delaware. I am looking for a lower and found what i want at a PA gun store but their Facebook page says must be a PA resident and 21. Well the 21 I got covered but, I don't understand why that is. Are AR lowers different? If so can someone explain why because all the restrictions are on the upper and the magazine well fits any size mag. Could it because the stock has to be pinned but, that don't make sense because you can buy one in NJ without the stock on it. Maybe it's the store that doesn't want to be bothered with out of state sales. Thanks in advance

Someone more knowledgeable that I will be along, but - if memory serves - a long gun transfer across state lines may be done by ANY FFL, but must follow laws of both origin and destination states. As many FFLs don't consider the effort of learning other states' laws, they tend not to do the transfers. You could always have it transferred thru a PRNJ FFL...

**Gun** · November 3rd, 2016, 06:34 PM

An AR lower is neither a long gun or a handgun. It is an OTHER.

Needs to be transferred to you in your state, IMO. IANAL.

**stainless** · November 3rd, 2016, 07:09 PM

Because it can be built as either a long gun or a pistol it is treated as a pistol.

**bigandy1966** · November 3rd, 2016, 08:05 PM

Sorry but that's incorrect. Its "other". Its not officially a pistol until its built as a pistol and/or transferred or registered as a pistol.
http://forum.pafoa.org/showthread.php?t=26889

**str8shooter** · November 3rd, 2016, 10:10 PM

Originally Posted by njsportsman

<snip>
Are AR lowers different? If so can someone explain why because all the restrictions are on the upper
<snip>

I don't know about the restrictions you have in NJ for uppers, but as a PA resident I can order an upper online and have it shipped directly to my house, no FFL required. It's the lower that is considered the firearm, which has to sold through a FFL dealer with a PICS check.

**knight0334** · November 3rd, 2016, 10:39 PM

Here is how federal gun laws work...

The law requires ALL firearm transferees to be 21yo and only to residents of the state of the dealer. ...That is the base rule.

THEN, it exempts transfers of rifles and shotguns to folks who are 18yo, and further exempts transfer of rifles and shotguns from dealers in other states.

A bare receiver is not a rifle or shotgun. So, it must follow the base rule of 21yo and resident of same state as FFL. Same holds true for "pistol-grip only shotguns", "other firearm", etc.

Then on top of that you must follow the laws of your state and municipality. If a firearm is illegal in your state, you cannot buy it in another state and take it home. (legally you can buy it and keep it in another abode that you own/lease/rent/etc in a lawful state)

You have to abide by federal law first, then state law, then local law - in that order.