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Can a NJ resident purchase a long gun in VA?

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I found a rifle for sale on Gunbroker from a FFL in Virginia.  The auction said " ITEMS MAY BE PICKED UP AT STORE."   I was looking for a day trip for next week so figured this would be chance for my 10 year old to take a drive and pick up the rifle.   I double checked with the Virginia State Police's website and it gives instructions for purchasing a shotgun or rifle by an-out-of-state resident.  Seems legal to do.  So...I bid and win.

I then email the seller and tell him I'll be picking it up next week and ask for their street address and hours.

The reply says "Unfortunately i have to ship it to NJ if that is where you're a resident of. New Jersey residents cant buy guns in Virginia." 

I reply with the link and copied text from the VASP website that says non-residents can purchase long guns in VA.

Next reply from seller says "We do not sell to NJ residents as per the ATF firearm guidelines. I can ship it to NJ for you but you may not purchase it face to face in VA"

I haven't replied yet and can't find any such ATF firearm guidelines.

By the time I add shipping and transfer fee, the gun isn't worth the price any more.  So I plan to reply with three options (1) They sell to me in their store as their ad said they would or (2) They provide me with a link, section of the regulation, or scan of the "ATF firearm guidelines".  If such a guideline really exists, It's my fault for not knowing the law and I'll pay the shipping and transfer fee.  or (3) They cancel the sale.  Right now, no money has changed hands.

Before I reply on Tuesday, I wanted to see if anyone here could confirm their claim that there is an AFT Firearm Guideline that prevents a VA FFL from selling to a NJ resident.  I know there is a book, published by the AFT for FFL's that tells the rules for each state to help FFL's stay legal when making non-resident sales.  I've looked for a copy but can't find it.  I'd really appreciate a link to a copy of that book.

Thanks.

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Ryan,

       This guy is out of his mind! He would be correct if it was a handgun sale. The only case where a rifle would fall into this is if the rifle is non PRNJ compliant and needed work by an FFL to make it compliant.

        As a PRNJ resident, I have purchased long arms in both PA and DE. VA is no different! Take 2 copies of the COE with you and remind him it's not a handgun.

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The Federal rule is a long as the sale meets the requirements of BOTH states the sale of long guns only can take place.  This means rifles and shotguns.  Sounds like he does not want to transfer directly to you.  

http://www.vsp.state.va.us/Firearms_VFTP.shtm#NonResIDReq

Nonresidents - Identification and Residency Requirements

Rifles and shotguns may be purchased from licensed firearms dealers by persons who are residents of other states upon the presentation of one photo-identification form issued by a governmental agency of the purchaser's state of residence and one other form of identification determined to be acceptable by the Department of Criminal Justice Services (6VAC20-130-10).

The following secondary forms of ID are acceptable:

  • A current lease.
  • Evidence of currently paid personal property tax or real estate tax.
  • A current utility or telephone bill.
  • A current voter registration card.
  • A current bank check.
  • A current passport (must include an address).
  • A current automobile registration.
  • A current hunting or fishing license.
  • Other identification allowed as evidence of residency by Part 178.124 of Title 27 of the Code of Federal Regulations and ATF Ruling 2001-5.
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Definitely legal under ATF rules.

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age; (2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance; (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States).

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31 minutes ago, 10X said:

First time we've ever been accused of that!  :)

Funny, but it seems when it comes to NJ gun laws. The average person on here is more knowledgeable that most cops and lawyers. I have a lawyer friend that specializes in NJ criminal defense law. I had to set him straight on a couple of issues!

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7 minutes ago, T Bill said:

It is their prerogative.

Agreed.  I had a dealer in Memphis tell me that he couldn't sell me a shotgun because he didn't know NJ's rules and didn't want to break the law.  No problem, no hard feelings.  They guy was honest with me.

The issue here is that the original offer stated " ITEMS MAY BE PICKED UP AT STORE."  I'll make the purchase as agreed but this is part of what was agreed.

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