Couple of questions on interstate sales

[thvigil11]

Been living out of a hotel for the last week and got to thinking about this tonight. I know the internet's opinion will hardly hold up in court, just wondering if anyone here has experience in this. I'll be asking my guys at the local NM ffl when I get home.

Question 1. I do know that selling between states usually involves transfers between ffls. But I also know that you can buy a rifle in a different state and transport it yourself back home. So if I were to list some rifles for sale and someone in CO wanted to buy, I know we could transfer between my ffl here and deliver to the CO ffl, but could one drive down to Raton and fill out paperwork at the NM ffl?

Question 2. CO now has some crappy laws. And if one were to transfer a weapon between ffls, one could not legally transfer 15+ mags along with them. I believe the current understanding of CO law is that it is unlawful for a CO resident to purchase a 15+ mag in another state, but would a ffl in NM be obligated to not transfer mags to a purchaser if that purchaser bought the rifle in the state of NM and took it back home?

Please, I'm not looking to start a legal battle or flame war. Really just want to know if anyone has some real world experience in this. I think we can all agree that the CO laws suck, need to be repealed, and enforcement is a rediculous proposition. This all being said, I do not nor would not endorse any actions that would be in violation of the laws of any state of the union.

As the wise men say
Comply In Public, Conduct In Private

[spqrzilla]

Question 1 - a resident of one state can buy a long gun from an FFL in another state - so long as both states' laws permit it.
Question 2 - There is no clear answer to this question at this time. Its unclear whether or not Colorado would attempt to prosecute extraterritorial violations of the 15 round magazine ban.

[Great-Kazoo]

If the receiving FFL accepts it. You don't need to use a FFL on your end.

[BlasterBob]

If the receiving FFL accepts it. You don't need to use a FFL on your end.

Since I was wondering about the receiving FFL that you mentioned, I presume the "receiving FFL" would be the FFL dealer in a State OTHER than the buyers home state in this case. In other words, the Colorado buyer goes down to New Mexico, buys a LONG GUN from the N.M. FFL dealer, providing he passes the BGC, that buyer can then take it back home with him without the need of a Colorado FFL. . At least that is how it currently works.

[Great-Kazoo]

I am referring to a sale where you have to ship the long or shot gun out of state. . You sell me an AR. My ffl doesn't require an ffl from you, just a valid color copy of your NM DL.

If i'm in NM or other state and buy a long gun (providing it is not banned in my state) i can do the 4473, get approval and walk out with it.

[BlasterBob]

Since the OP also mentioned 15+ magazines. I wonder what happens to the large stock of "high capacity" magazines the CO FFL had on hand when the new BS law went into effect. Are they stuck with them or perhaps make arrangements to take them to out of State gun shows where they can "unload" them as long as that State has no ban on them. Could they have another CO FFL dealer take possession of the magazines to sell them either via mail order or to some out of State gun shows or just keep them for his own use and never be able to sell as an individual? Bottom line - can a CO FFL sell the banned high capacity magazines to a fellow CO FFL? This may have been covered but I cannot find the answeres if they were already furnished. Now, I don't want anyone getting on my case for just asking these questions and I am certainly not looking for legal advice, merely wondering what fellow members believe.

[merl]

FFLS and manufacturers can sell them to "A FIREARMS RETAILER FOR THE PURPOSE OF FIREARMS SALES CONDUCTED OUTSIDE THE STATE" (or a bunch of Gov agencies, or directly to anyone outside the state)

Private citizens are the ones that got royally screwed and cannot transfer them to anyone anywhere for any reason.

[thvigil11]

Thanks all. I got the answer I wanted. Gotta sell a few to cover some family expenses and wanted to be clear on everything before I tried listing here. A call to the local alphabet field office cleared me up as well. Sucks to sell guns, but need the help. Stay posted.

[BlasterBob]

FFLS and manufacturers can sell them to "A FIREARMS RETAILER FOR THE PURPOSE OF FIREARMS SALES CONDUCTED OUTSIDE THE STATE" (or a bunch of Gov agencies, or directly to anyone outside the state).

Would be interesting to see how this would work with an 03 FFL who collects M1 Carbines and that FFL wants to buy such a carbine that is equipped with a 30 round magazine. We know the carbine is a C&R but would the magazine ban still apply to the 03 FFL holder since he IS a FFL.

[merl]

Would be interesting to see how this would work with an 03 FFL who collects M1 Carbines and that FFL wants to buy such a carbine that is equipped with a 30 round magazine. We know the carbine is a C&R but would the magazine ban still apply to the 03 FFL holder since he IS a FFL.

Thats what I get for not being exactly specific. I used the general term FFL which has multiple classes.
The exact term used in the bill is "Licensed gun dealer as defined in 12-26.1-106(6) CRS"
which is
(6) "Licensed gun dealer" means any person who is a licensed importer, licensed manufacturer, or dealer licensed pursuant to 18 U.S.C. sec. 923, as amended, as a federally licensed firearms dealer.


No collectors, sorry.

[BlasterBob]

Thats what I get for not being exactly specific. I used the general term FFL which has multiple classes.
The exact term used in the bill is "Licensed gun dealer as defined in 12-26.1-106(6) CRS"
which is
(6) "Licensed gun dealer" means any person who is a licensed importer, licensed manufacturer, or dealer licensed pursuant to 18 U.S.C. sec. 923, as amended, as a federally licensed firearms dealer.


No collectors, sorry.

Thanks merl. I had a strong hunch that FFL designation for the above scenerio would NOT apply to the 03 FFL C&R guys. Oh well [Rant1]