Virginia Gun Owners Forum - VGOF

Hi,

Hope someone can clear this up for me because I have been getting conflicting information.

I live in VA and want to buy a rifle (e.g. Remington 700) from Cabela's in PA.

I've seen some posts on the Internet plus talked to a Cabela's rep in Nebraska who said it had to be a bordering state (PA does not border VA)

I found a federal regulation but it did not mention border states only (i.e. states bordering the state in which you reside.) As long as you can legally own a long gun and the gun is legal in your state, I think I should be good to go.

Thanks,

Andy

I would be interested in this topic as well as I may get or purchase a rifle or handgun from my uncle in NY state when I visit next month.

ShotgunBlast wrote:I would be interested in this topic as well as I may get or purchase a rifle or handgun from my uncle in NY state when I visit next month.

That is a entirely different story.

Handguns can only be purchased in the state in which you live. You can buy one online, etc. but it has to be shipped to a FFL in your state.

In VA, anyone can give/sell a firearm to another VA resident (providing that person isn't a felon but that is a gray area because private sales don't involve background checks.)

I don't know NY state law but I would bet my bottom dollar that no matter what firearm you buy or get from your uncle, he will have to ship it to an FFL in VA where you would have to pay a transfer fee.

TheEqualizer wrote:I've seen some posts on the Internet plus talked to a Cabela's rep in Nebraska who said it had to be a bordering state (PA does not border VA)

I found a federal regulation but it did not mention border states only (i.e. states bordering the state in which you reside.) As long as you can legally own a long gun and the gun is legal in your state, I think I should be good to go.

Your last bit is correct, you are subject to the laws of the state you're in and the state you're from. If one of them says "contiguous states only", you're stuck, same with "no non-resident sales". There are a few left that still do that. I don't know what Pennsylvania law is on that subject.

Also, the store can have its own policy that's more restrictive than state or federal law.

ShotgunBlast wrote:I would be interested in this topic as well as I may get or purchase a rifle or handgun from my uncle in NY state when I visit next month.

Unless you're a federal firearms licensee, you cannot acquire firearms outside your state of residence (with some narrow exceptions, one of which is mentioned above). In New York, while you may be able to go to a dealer in the state and transfer a rifle, you'd be prevented from transferring the pistol by both state and federal law.

If he wants to give you a gun and stay within the bounds of the law, it'd be easier for him to ship it to a dealer in Virginia, and you can pick it up here.

The bordering state comment is pure crap. The only regulation for buying a long gun out of state is that it has to be legal in the state that buyer resides in. When we went down to South Boston awhile ago to look at some houses, I told wife that we needed to make a stop at the Hamburg Cabelas. Seen some pretty nice items that upon talking to sales rep, that even though the specific Mossberg shotty that I liked was okay for the Republic of Assachusetts, it wasn't legal since it could hold too many shells. Now here I can go and buy one from the shelf and then just buy an extended tube, it was sold being able to hold the 5 rounds.

So if in your home state you can buy the long gun, then you can buy it from out of state. Now some places might not or give crap about it, those are likely people being puppets of the system and being afraid.

Oh by the way the Hamburg Cabelas was so awesome, so much better and bigger than the one in Scarborough, Maine.

Charles.

You've got 3 areas of rule/law to comply, local, state, and federal.

I don't know NY law and won't try to guess.

There are no VA laws that I know of that conflict with federal law that would prohibit any of the below.

Under federal law
You can only give/sell/trade firearms in a private transaction to a resident of the same state. If either of you is a non-resident, then the deal must occur with the transfer through a FFL holder. There is an exception for transfer via a will, but ignore that for now...

You may purchase, and take possession of a long arm (shotgun/rifle) from a dealer in any state.

A handgun may be PURCHASED from anyone, or any dealer, in any state. but the TRANSFER to you must occur in your state of residence, through a licensed dealer.

Thank you, whoever, about the laws in the state you're in and the state you're from.

The local (Charlottesville) WalMart's gun counter has a sign with a map of the US showing that residents from all but ten states can legally buy guns in Virginia. Since they don't sell handguns I am assuming that the sign is correct although it implies any type of firearm.
WalMart's website does not mention anything about this and since the map is inside one of the glass rotating cases getting a picture of it is problematic.

Now, to my questions. Is this sign/map correct wrt Virginia?
Why doesn't the sign mention that the persons state of residence is also to be considered?

I do seem to remember that federal law (regulations?) were changed to allow hunters on vacation (ie out of their home state) to buy long guns locally some time in the last few years.

Addendum to the above:
I Googled "long gun interstate sales" and found a reference that pointed out that the federal contiguous state rule was removed by the Firearms Owner Protection Act of 1986.
26 years ago, yeah, that fits the definition of "a few years ago".
Lord, I'm getting old.

AlanM wrote: The local (Charlottesville) WalMart's gun counter has a sign with a map of the US showing that residents from all but ten states can legally buy guns in Virginia. Since they don't sell handguns I am assuming that the sign is correct although it implies any type of firearm.

Now, to my questions. Is this sign/map correct wrt Virginia?
Why doesn't the sign mention that the persons state of residence is also to be considered?

My guess is that it has to do with states like Illinois, where you need a permit to buy even a long arm. Wall-mart has stores in those states, so one might leap to Wal-mart Virginia might be in trouble selling in Va to an IL resident with out a FOID card because Wal-mart is in both states, and should know the laws of all the states they operate within.

The other example is, "Rick's gun shop" which is only in VA, has no expected knowledge of other states laws, and therefore is only obligated to comply with local+VA+ fed law.

I've purchased several rifles in the People's Republic of Maryland. Typing in the form is a lot faster and neater than hand writing it out like I do here. Of course, I only had to fill out one form in Maryland, but I can usually walk out the door with whatever firearm I want to in Virginia on the same day.