922. Unlawful acts (a) It shall be unlawful - (1) for any person - (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce...Why, yes, flying to another state to conduct the purchase would count as "receiving a firearm in interstate commerce".
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State...Why yes, flying home with it is also a crime.
From whom may an unlicensed person acquire a firearm under the GCA?So the short answer is, you can buy a firearm out of your state of residence from a licensed dealer only. CNN's story involves a private sale; they make an explicit point of that in their voiceover.
A person may only buy a firearm within the person s own State, except that he or she may buy 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.
May a nonlicensee transport firearms for sporting or other lawful purposes?Because of that, I will take this data as reflecting the current state of the law. CNN [ed- may have] fucked up big. But will they get prosecuted? We'll have to wait and see.
Yes. Federal law provides a person, who is not prohibited by the GCA from receiving or transporting firearms, the right to transport a firearm under certain conditions, notwithstanding State or local law to the contrary. The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also, the carrying and possession must be lawful at the place of origin and destination.
This entry was published Sat Sep 24 10:43:35 CDT 2005 by TriggerFinger and last updated 2005-09-24 10:43:35.0. [Tweet]
Follow @TriggerBlog |