View Full Version : Wyoming dealers can't sell to CO residents?
33007I may have missed posts on this, your welcome to flame away. My friend had business in WY, while he was there he found a hipoint carbine for cheap that he wanted to buy. There was a sign from the ATF that said "No firearms sales to residents of Colorado." I don't get it. There's a background check, so no getting around the UBC. I asked him to get a pic later today. Ill post it when I get it.
I'd be surprised if the sign was from the ATF. I wouldn't be too surprised if it was some sort of store policy or something.
For a hi point? That sign was just good karma if you ask me.
They can't sell CO residents pistols per the ATF. Pistols have to be sold in state only. But no federal law prohibits selling long guns.
trlcavscout
08-22-2013, 09:03
Jensen arms sells in wy to co residents? I thought it was only guns with baby ezploding woman raping pants pissing sand in the vag magazines that cause magical mushroom clouds?
I believe rifles can be sold to CO residents, Pistols may be sold, but have to be sent to an FFL down in CO for a transfer. - But I would have to ask my dealer if that is still true.
Blockhead
08-22-2013, 09:22
I don't think the ATF cares too much about enforcing state laws. Probably a store policy.
SA Friday
08-22-2013, 09:28
I don't think the ATF cares too much about enforcing state laws. Probably a store policy.
Don't know where you got that idea, but it's way not true.
It's a rifle, they're pretty neat range toys. He said it was ATF. Ill confirm later.
10mm-man
08-22-2013, 09:51
Don't know where you got that idea, but it's way not true.
Please provide more info; interested in hearing this with some 1st hand info.
Thanks,
10mm-man
08-22-2013, 09:52
It's a rifle, they're pretty neat range toys. He said it was ATF. Ill confirm later.
I had a guy the other day, tell me the same thing. But he didn't say it was the ATF.
Blockhead
08-22-2013, 09:55
Don't know where you got that idea, but it's way not true.
How so? To my understanding, ATF is a federal LE organization that enforces federal law. My wxperience with ATF have concerned federal, not state, gun laws. I could see how they would cooperate with state authorities on matters cases where both state and federal law comes into question, but I can't think of an example of ATF getting involved in purely a state matter. If I'm totally wrong, I'm wiling to learn.
Walmart in Laramie started doing this pre-July 1, but told me it was a store policy. Another shop in town said they were selling long guns as per federal law to CO residents until July 1, then, after that, removing magazines over 15 rounds from the sale, when selling rifles to Colorado residents, as a store policy.
Great-Kazoo
08-22-2013, 15:00
How so? To my understanding, ATF is a federal LE organization that enforces federal law. My wxperience with ATF have concerned federal, not state, gun laws. I could see how they would cooperate with state authorities on matters cases where both state and federal law comes into question, but I can't think of an example of ATF getting involved in purely a state matter. If I'm totally wrong, I'm wiling to learn.
When a firearm is stolen, the ATF is involved, same for other things which the average john / jane doe is usually not aware of. UNLESS it's high profile.
Blockhead
08-22-2013, 15:18
When a firearm is stolen, the ATF is involved, same for other things which the average john / jane doe is usually not aware of. UNLESS it's high profile.
My point exactly :D Possessing a stolen firearm is a federal crime.
Updated with pic, references ATF, but not an official publication b
XC700116
08-22-2013, 15:47
It's been a while but when I was in the business, it basically was that you had to abide by the person's state of residency's laws. Being that CO requires BGC be through CBI, that could mean that a dealer in another state couldn't sell to residents of that state without access to the CBI BGC.
IDK if this is why and it is strictly speculation from my own thoughts and memories from 7 or so years ago, but might be a possible explanation, it's the only one I can think of that makes any sense at all.
Bailey Guns
08-22-2013, 15:56
The ATF has no such rule specifically for WY. The ATF states long guns can be bought by a person in any state as long as the sale complies with the laws of the state where the purchase is being made and the state of residence of the buyer. CO does not restrict out of state sales for CO residents. This may be a store policy, it may even by WY law, but it has nothing to do with the ATF.
mtnrider
08-22-2013, 16:03
The ATF states long guns can be bought by a person in any state as long as the sale complies with the laws of the state where the purchase is being made and the state of residence of the buyer. CO does not restrict out of state sales for CO residents. This may be a store policy, it may even by WY law, but it has nothing to do with the ATF.
Wouldn't that statement prevent a Colorado resident from buying a (over the counter) firearm in any state? Since Colorado requires a BCG through CBI no other state would be able to comply with that correct?
Maybe grounds for a different lawsuit/challenge to the bill?
Blockhead
08-22-2013, 16:22
Wouldn't that statement prevent a Colorado resident from buying a (over the counter) firearm in any state? Since Colorado requires a BCG through CBI no other state would be able to comply with that correct?
The CBI requirement is for buying firearms in Colorado, not Colorado residents buying guns elsewhere.
mtnrider
08-22-2013, 16:25
The CBI requirement is for buying firearms in Colorado, not Colorado residents buying guns elsewhere.
The previous post said (per the ATF) the the State must comply with the State of residence laws. Our State law requires a CBI check so how does Wyoming (or any State for that matter) comply with that?
Blockhead
08-22-2013, 16:29
The previous post said (per the ATF) the the State must comply with the State of residence laws. Our State law requires a CBI check so how does Wyoming (or any State for that matter) comply with that?
They don't . Wyoming and their FFLs are not subject to Colorado laws. When buying a firearm in Wyoming you have to be in compliance with their laws, not the laws of your home state.
Great-Kazoo
08-22-2013, 16:31
The previous post said (per the ATF) the the State must comply with the State of residence laws. Our State law requires a CBI check so how does Wyoming (or any State for that matter) comply with that?
NCIC
mtnrider
08-22-2013, 16:31
They don't . Wyoming and their FFLs are not subject to Colorado laws. When buying a firearm in Wyoming you have to be in compliance with their laws, not the laws of your home state.
So this statement by Bailyguns is incorrect?
The ATF states long guns can be bought by a person in any state as long as the sale complies with the laws of the state where the purchase is being made and the state of residence of the buyer. CO does not restrict out of state sales for CO residents. This may be a store policy, it may even by WY law, but it has nothing to do with the ATF.
I have purchased long guns from dealers in other states. (Prior to July 1st)
You just fill out the 4473 as usual, they run it through the national system, and off you go with your rifle. No big deal.
A buddy of mine even bought a handgun out of state. Paid for it and they shipped it to his on-state FFL where he did the paperwork and picked it up.
mtnrider
08-22-2013, 16:47
I have purchased long guns from dealers in other states. (Prior to July 1st)
You just fill out the 4473 as usual, they run it through the national system, and off you go with your rifle. No big deal.
I guess I would have to read the new BCG law and see what it says. It's clear as mud I am sure. Not sure if they specified "State" BCG or run through the State vs. just a NCIC check (which does not necessarily include State records).
Bailey Guns
08-22-2013, 16:54
Some of you guys really make this a lot more complicated than it is.
I'm telling you...unless it is specifically contrary to WY law there is no CO law or federal statute that would prohibit a CO resident from purchasing a long gun, over the counter, from a licensed FFL.
Believe what you want or heard on the internet, but them's the facts. But don't take my word for it...I just got it from the ATF website using my secret access that no one else in the world has.
Q: From whom may an unlicensed person acquire a firearm under the GCA? A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire 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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
buffalobo
08-22-2013, 16:59
Some of you guys really make this a lot more complicated than it is.
I'm telling you...unless it is specifically contrary to WY law there is no CO law or federal statute that would prohibit a CO resident from purchasing a long gun, over the counter, from a licensed FFL.
Believe what you want or heard on the internet, but them's the facts. But don't take my word for it...I just got it from the ATF website using my secret access that no one else in the world has.
Q: From whom may an unlicensed person acquire a firearm under the GCA? A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire 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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Are you sure? :what:
Sent from my electronic ball and chain.
Blockhead
08-22-2013, 17:03
So this statement by Bailyguns is incorrect?
Federal law says you can buy a long gun in a state other than your residence. Wyoming FFLs do NOT have access to CBI. Therefore, CBI has nothing to do with a Colorado resident buying a gun in their state.
Bailey Guns
08-22-2013, 17:08
For those that are Google challenged:
12-27-102. Legislative declaration - residents
(1) It is declared by the general assembly that it is lawful for a resident of this state, otherwise qualified, to purchase or receive delivery of a rifle or shotgun in a state contiguous to this state, subject to the following restrictions and requirements:
(a) The sale must fully comply with the legal conditions of sale in both such contiguous states;
(b) The purchaser and the licensee must have complied, prior to the sale or delivery for sale of the rifle or shotgun, with all of the requirements of section 922 (c) of the federal "Gun Control Act of 1968", applicable to interstate transactions other than at the licensee's business premises.
Notice is says a resident may purchase a long gun in states contiguous to CO. It doesn't say a CO resident CAN'T purchase in a state that's NOT contiguous to CO.
Just an FYI....WY is contiguous to CO.
Bailey Guns
08-22-2013, 17:12
Show of hands for FFL's/Former FFL's on the forum: Have you ever sold a long gun over the counter at your licensed premises to a resident of a state NOT CONTIGUOUS to Colorado and had CBI approve the background check?
[pick-me]
Another show of hands for forum gun buyers: Have you ever purchased a long gun over the counter at a licensed dealer in a state NOT CONTIGUOUS to Colorado?
[pick-me]
Great-Kazoo
08-22-2013, 17:41
Show of hands for FFL's/Former FFL's on the forum: Have you ever sold a long gun over the counter at your licensed premises to a resident of a state NOT CONTIGUOUS to Colorado and had CBI approve the background check?
[pick-me]
Another show of hands for forum gun buyers: Have you ever purchased a long gun over the counter at a licensed dealer in a state NOT CONTIGUOUS to Colorado?
[pick-me]
[pick-me]
Even purchased a rifle in NY years ago. ID, filled out forms, paid upon approval and left.
there is 1 exception to this. that's CA. They will not sell anyone a long gun w/out a FFL in hand.
Also a resident of CA cannot buy long guns in any state , IF the long gun is prohibited in CA. The stores i "worked in" didn't do any sales to CA residents.
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