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To: marktwain

You can buy a handgun in a different state, you just can’t take delivery of it.

It has to be shipped to a FFL in your home state who will then do the NICS check for a fee and if you’re cleared, give you the gun assuming all the state requirements are met such as any pistol permitting requirements.

Long guns can be purchased in other states, but the sale has to conform to the laws of your state of residence. I can go to Ohio and buy a shotgun but I must have my NJ Firearms purchaser ID. John Q public from Kentucky can go to Ohio and use his drivers license.


6 posted on 12/08/2009 4:34:51 AM PST by Malsua
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To: Malsua
you just can’t take delivery of it. It has to be shipped to a FFL in your home state

Point of this case is to eliminate that restriction.

8 posted on 12/08/2009 5:03:24 AM PST by ctdonath2 (It from fit.)
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To: Malsua

Exactly; the 68 GCA restricts interstate commerce n several ways, efffectively eliminating the right to keep and bear arms of several classes of citizens.

As you stated, one can buy long guns in intra or interstate commerce, either you go there in person to take ownership after the instant check says “proceed” or you have your local dealer transfer from owner/dealer out of state into your home state and the instant check and 4473 is completed in your home state etc.

Handguns, on the other hand, are restricted to purchase soley in your home state (or via transfer from OOS owner/dealer to your local FFL). Restricting interstate trade.

The gist of the suit is that a US citizen residing overseas yet in th eUS for whatever reason has no “state of residence” that enables the free exercise of the 2A, due to the 68 GCA provisions above. No home state of residence, no ability to purchase arms, long or otherwise.

The only thing one can do is either list your US address as what is used to be, or lie, either way, a violation of the GCA. Think of a service member stationed in Germany, legal residence is Germany, unless they own a vacant house (not rented to another etc) in some state, they legally do not have a US residence. You cannot claim that Mom and Dad’s place is their legal residence- most states require you to live there for a certain period of time before residence is established. Same for citizens employed overseas privately etc.


10 posted on 12/08/2009 5:14:10 AM PST by Manly Warrior (US ARMY (Ret) "No Free Lunches for the Dogs of War")
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