Can I Buy a Banned Weapon Out of State and Bring It Home?

Published on January 3, 2024
Duration: 7:04

William Kirk, President of Washington Gun Law, explains the complexities of purchasing firearms banned in one's home state from out of state. He emphasizes that federal law, specifically 18 U.S.C. Sec. 922(b)(3), governs these transactions through Federal Firearms Licensees (FFLs), making it highly unlikely for FFLs to facilitate the purchase of prohibited firearms due to the risk of losing their licenses. The video highlights that while some firearm types might be exempt, state and federal regulations often prevent bypassing bans through out-of-state purchases.

Quick Summary

Federal law, specifically 18 U.S.C. Sec. 922(b)(3), prohibits licensed firearm dealers (FFLs) from selling firearms to individuals who do not reside in the state where the dealer's business is located. This regulation aims to prevent individuals from circumventing their home state's firearm laws, making it generally illegal to purchase a banned weapon out of state and bring it home.

Chapters

  1. 00:11Introduction: Buying Banned Weapons Out of State
  2. 00:39Federal Law Governs Out-of-State Purchases
  3. 01:13Scenario: Banned Weapon Out-of-State Purchase
  4. 01:47State Laws and Violation Upon Return
  5. 02:11Potential Illegality of Exportation
  6. 02:25FFL Responsibility and Federal Legislation
  7. 03:1418 U.S.C. Sec. 922(b)(3) Explained
  8. 04:33FFLs Must Know All Relevant Laws
  9. 05:05FFL-to-FFL Transfers
  10. 05:29Summary: Difficult to Bypass Bans
  11. 05:56Final Thoughts: Gun Owner Responsibility

Frequently Asked Questions

Can I legally buy a firearm banned in my home state from another state?

Generally, no. Federal law (18 U.S.C. Sec. 922(b)(3)) prohibits licensed dealers (FFLs) from selling firearms to individuals who do not reside in the state where the dealer is located, especially for firearms banned in the buyer's home state. FFLs risk their licenses by violating these laws.

What federal law governs out-of-state firearm purchases?

The primary federal law governing out-of-state firearm purchases by individuals is 18 U.S.C. Sec. 922(b)(3). This law restricts FFLs from selling or delivering firearms to individuals who do not reside in the state where the FFL's business is located, particularly concerning firearms that may be prohibited in the buyer's home state.

Do FFLs check the laws of the buyer's home state?

Yes, FFLs are expected to know and comply with the laws of both the state where the sale occurs and the buyer's state of residence. They will typically verify residency and ensure the firearm can be legally owned and possessed in the buyer's home jurisdiction before completing a sale.

What happens if I try to bring a banned firearm back into my home state?

Bringing a firearm into your home state that is prohibited by that state's laws, even if legally purchased elsewhere, can constitute a violation. For example, importing an assault weapon into Washington State is illegal under state law.

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