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Buying firearm fron another state

RogueWarrior

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Quick question for all of you guys I was thinking of buying a firearm from another state. Is it legal to do it in New Mexico I have looked at the NM laws and can not see anything

Thanks In advance

John
 

qednick

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I don't see why not. I seem to recall reading something somewhere about purchasing from neighboring states but I don't recall the details. Though I guess it all depends on whether it's a private sale or from a dealer. Worst case scenario I guess is that you have the seller send it to a local dealer who will then "transfer" it to you?
I believe if you buy privately in Texas (for example), then you technically need a TX ID--though I also suppose that depends on how "private" the sale is. ;-)

BTW, you wouldn't happen to be the Aussie subject of the SAF lawsuit regarding the NM CHL citizenship requirements would you? Just curious :)

Edit: I think this may have been what I read on the neighboring states thing:
http://www.nraila.org/news-issues/n...artinez-signs-pro-gun-bill-in-new-mexico.aspx
 
Last edited:

notalawyer

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Quick question for all of you guys I was thinking of buying a firearm from another state. Is it legal to do it in New Mexico I have looked at the NM laws and can not see anything

Thanks In advance

John

For out of state purchases/transfers: You can 'purchase' a firearm anywhere.

If purchasing a handgun from an FFL, you must perform the background check (if any) and complete the 4473 at an FFL in your state of residence. So the out of state seller must ship to the FFL in your state of residence.

If purchasing a long gun from an FFL, you can do the background check (if any) and complete the 4473 at an FFL in any state.

If it is a private sale, the firearm (of any description) must be sent to an FFL in your state of residence and you must perform the background check (if any) and complete the 4473 there.
 

OldCurlyWolf

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For out of state purchases/transfers: You can 'purchase' a firearm anywhere.

If purchasing a handgun from an FFL, you must perform the background check (if any) and complete the 4473 at an FFL in your state of residence. So the out of state seller must ship to the FFL in your state of residence.

If purchasing a long gun from an FFL, you can do the background check (if any) and complete the 4473 at an FFL in any state.

If it is a private sale, the firearm (of any description) must be sent to an FFL in your state of residence and you must perform the background check (if any) and complete the 4473 there.

Exception: What you stated is Federal law. Some states have different limits on buying firearms. Such as Illinois, New York, New jersey, just to name a few.

OCW
 

RogueWarrior

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I don't see why not. I seem to recall reading something somewhere about purchasing from neighboring states but I don't recall the details. Though I guess it all depends on whether it's a private sale or from a dealer. Worst case scenario I guess is that you have the seller send it to a local dealer who will then "transfer" it to you?
I believe if you buy privately in Texas (for example), then you technically need a TX ID--though I also suppose that depends on how "private" the sale is. ;-)

BTW, you wouldn't happen to be the Aussie subject of the SAF lawsuit regarding the NM CHL citizenship requirements would you? Just curious :)

Edit: I think this may have been what I read on the neighboring states thing:
http://www.nraila.org/news-issues/n...artinez-signs-pro-gun-bill-in-new-mexico.aspx

Yes Mate I am that person :)
 

notalawyer

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Exception: What you stated is Federal law. Some states have different limits on buying firearms. Such as Illinois, New York, New jersey, just to name a few.

OCW

Can you cite any laws in these states that prohibit you from purchasing a firearm out of state and having it sent to an FFL in state?
 

solus

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Can you cite any laws in these states that prohibit you from purchasing a firearm out of state and having it sent to an FFL in state?

i am again amazed you pontificate w/o citing a bloody thing yet you have the audacity to request cites?

ipse
 

davidmcbeth

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It would most likely be a handgun at the moment

The seller needs to contact a ffl in his state..he'll put the gun on his books. The ffl in the seller's state will transfer the gun to a ffl in your (buyer) state (its just a note in a book that's needed). Ffl in your state "sells" it to you. Or visa versa.

Go to gunbroker.com to learn more and find ffls who do this...most charge 25-50 bucks for this service per/transaction.

So, there is nothing wrong with it ...just not directly...technically its the ffl in the buyer's state that "sells" the gun ...
 
Last edited:

solus

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The seller needs to contact a ffl in his state..he'll put the gun on his books. The ffl in the seller's state will transfer the gun to a ffl in your (buyer) state (its just a note in a book that's needed). Ffl in your state "sells" it to you. Or visa versa.

Go to gunbroker.com to learn more and find ffls who do this...most charge 25-50 bucks for this service per/transaction.

So, there is nothing wrong with it ...just not directly...technically its the ffl in the buyer's state that "sells" the gun ...

that is valuable information from atf's 5300-4, reference

but also check out buds also as they also have decent prices.

ipse
 

awnuts

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Mar 17, 2010
Messages
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ABQ New Mexico
It would most likely be a handgun at the moment


I buy guns all the time from gun broker and have them sent to my FFL here in ABQ. None of the delivery companys will ship to your door unless your an FFL so yes you will have to go through the transfer process and check. Gun Broker has a list of FFL to choose from. I use Tactical Shooters Supply on Menual by Louisiana myself they charge 25.00.


6615 Menaul Blvd NE
Albuquerque, New Mexico
Phone (505) 717-1953
closed sunday/monday
 

qednick

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Yes Mate I am that person :)

Well good for you John! I'm very interested to know the outcome since I'm a non-citizen (yet) also--although I'm probably more American than a lot of Americans when it comes to valuing the constitution and American values and I've lived here many years. I've CC'd in NM many many times and never even knew there was a potential issue in that state until I read about the lawsuit. From what I understand, the judge put an injunction against the rule? However, I see on the NM DPS site, if you're a legal permanent resident you still can't apply.
I don't want to send this thread off on tangents so feel free to PM me.

Nick
 

RogueWarrior

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Well good for you John! I'm very interested to know the outcome since I'm a non-citizen (yet) also--although I'm probably more American than a lot of Americans when it comes to valuing the constitution and American values and I've lived here many years. I've CC'd in NM many many times and never even knew there was a potential issue in that state until I read about the lawsuit. From what I understand, the judge put an injunction against the rule? However, I see on the NM DPS site, if you're a legal permanent resident you still can't apply.
I don't want to send this thread off on tangents so feel free to PM me.

Nick

At the moment it is in the judges hands we are waiting for the judge to make the injunction permanent fingers crossed it will be soon
 

qednick

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At the moment it is in the judges hands we are waiting for the judge to make the injunction permanent fingers crossed it will be soon

Well I must say I appreciate you taking a stance on this issue--if I were a NM resident I'd have been happy to join your fight. Thankfully they don't have such a silly rule here in Texas when it comes to getting a CHL (though sadly we still can't open carry post 1899 handguns here).

So are you still OC'ing there for now? Personally, I would OC where I could but CC in places where you can't OC such as grocery stores that sell alcohol, etc. A couple years ago I was subject to an attempted car jacking. Due to Texas not having OC I was CC'ing a small pistol in my front shorts pocket. Of course, I was strapped into my seat with the seat belt and it dawned on me the second this 250lb man high on drugs got into my passenger seat that I was unable to access my pistol. Thankfully I was able to defuse the situation and get the guy out my car without resorting to force. However, it really made me think about the whole CC vs OC thing.
To cut a long story short... your life is no less valuable than anyone elses and you should be able to obtain the CC "government permission slip" so that you can choose how to carry given the situation you're in.

Please keep us posted on the lawsuit!
Nick
 

RogueWarrior

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I don't see why not. I seem to recall reading something somewhere about purchasing from neighboring states but I don't recall the details. Though I guess it all depends on whether it's a private sale or from a dealer. Worst case scenario I guess is that you have the seller send it to a local dealer who will then "transfer" it to you?
I believe if you buy privately in Texas (for example), then you technically need a TX ID--though I also suppose that depends on how "private" the sale is. ;-)

BTW, you wouldn't happen to be the Aussie subject of the SAF lawsuit regarding the NM CHL citizenship requirements would you? Just curious :)

Edit: I think this may have been what I read on the neighboring states thing:
http://www.nraila.org/news-issues/n...artinez-signs-pro-gun-bill-in-new-mexico.aspx

Mate the Judge has signed a a permanent injunction in the case which means that we have won :lol: now just to save up enough money so I can RE RE do the CCW course :D
 

RogueWarrior

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RA,

If would help you any, I could make a donation towards your worthy cause...to get you into that CCW class sooner.

Let me know...

Thanks Mate but I think I have a way to do it and fingers crossed I should have it done by the end of next month
 

snoball

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Mate the Judge has signed a a permanent injunction in the case which means that we have won :lol: now just to save up enough money so I can RE RE do the CCW course :D

Congratulations RogueAussie! Your time, effort and money to fight this have made it better for many and strengthened all the gun owner's 2nd amendment rights. Way to go.
 
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