Buying a pistol on vacation?

[jokerone]

So I live in the people's republic of Illinois.

I'm heading to Texas next week and going to a gun show in Dallas.   If I see a pistol I want, is it worth the hassle of buying it there?  5 day wait, then what??
I'm generally the type who if I buy something at a trade show I want to take it home that day, which isn't possible with a pistol.

So what do you do?

thanks.

[Grendel]

You can't. Unless you have it shipped to a FFL in your state of residence.

[jokerone]

You can't. Unless you have it shipped to a FFL in your state of residence.

ok, so its worse than I thought.   

Might as well mail order to an FFL.

thanks.

[jokerone]

So do you still have to pay the sales tax in the state you bought it in if you are shipping (to an FFL) it to another state?

[Grendel]

So do you still have to pay the sales tax in the state you bought it in if you are shipping (to an FFL) it to another state?

I don't know the answer for sure, but I'm betting Illinois will require sales tax at their end for certain. Whether they have an interstate compact so Texas collects it for them or Texas sales tax is considered as the same thing I have no idea. Personally, unless you see a 'grail' gun, it's not worth the trouble.

[jokerone]

So do you still have to pay the sales tax in the state you bought it in if you are shipping (to an FFL) it to another state?

I don't know the answer for sure, but I'm betting Illinois will require sales tax at their end for certain. Whether they have an interstate compact so Texas collects it for them or Texas sales tax is considered as the same thing I have no idea. Personally, unless you see a 'grail' gun, it's not worth the trouble.

Illinois does want its taxes, for sure.  Its what they live for...

So gun shows in general are for local consumption?   How the $#%^& did we get to this point in this country... ugh... 

Oh well, Its late, and I don't want to go down that road.  Once you go down that dark country road, the lights go out and the scarecrows come to life. 

[eastman]

There is one exception to that. If you are buying older stuff (more than 50 years old) or historically significant items (such as many categories of former military items), you can get a Type 3 FFL (Collector of Curios & Relics). This allows the direct transfer of these items. In the DPRI, you don't even have to wait the 24 or 72 hours since it is treated as a licensee transfer and not a conventional sale.

That makes travel to out of state gun shows and gun stores a lot more fun. 

[jokerone]

There is one exception to that. If you are buying older stuff (more than 50 years old) or historically significant items (such as many categories of former military items), you can get a Type 3 FFL (Collector of Curios & Relics). This allows the direct transfer of these items. In the DPRI, you don't even have to wait the 24 or 72 hours since it is treated as a licensee transfer and not a conventional sale.

That makes travel to out of state gun shows and gun stores a lot more fun. 

Wait,  last night I wasn't thinking straight (tequila induced..  )

Is this a new rule, because about 6 years ago I bought an AR-15 out of state and picked it up from the guy selling it (who had a FFL) I had to wait the proper time period.  I've since sold it during the great gun grab of 2012... 

So,  how as I able to do that? Is it different with pistols?

[1SOW]

I'm heading to Texas next week and going to a gun show in Dallas.   If I see a pistol I want, is it worth the hassle of buying it there?  5 day wait, then what??
I'm generally the type who if I buy something at a trade show I want to take it home that day, which isn't possible with a pistol.

So what do you do?

In Texas,  If the pistol is "used" (one round fired by the seller) you can walk with the pistol---after paying of course.  You do have to sign and show ID/or is that MAY be requested to sign or show ID?.  I don't know what being from Illinois would change--maybe nothing.

[Grendel]

You already had the answer, but here it is again:

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]

and

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser?s own State?

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser?s State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]

Source: https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-acquire

So, you cannot buy a pistol in Texas if you live in Illinois UNLESS you transfer it into your possession through a FFL in your State of residence. If the Texas  person or FFL sells it to you, without complying with the GCA both they, and you, are party to a Federal Felony. The only way to lawfully complete the sale is to purchase the pistol then have the seller send it to the Illinois FFL of your choice where you complete the Il paperwork and take possession.

[1SOW]

Good info to know.  Thanks Widge.

[cntrydawwwg]

Thanks for the link Widge.

[jokerone]

You already had the answer, but here it is again:

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]

and

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser?s own State?

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser?s State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]

Source: https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-acquire

So, you cannot buy a pistol in Texas if you live in Illinois UNLESS you transfer it into your possession through a FFL in your State of residence. If the Texas  person or FFL sells it to you, without complying with the GCA both they, and you, are party to a Federal Felony. The only way to lawfully complete the sale is to purchase the pistol then have the seller send it to the Illinois FFL of your choice where you complete the Il paperwork and take possession.

ok, thanks.  So if was a rifle/shotgun would it make a difference?  I'm not in the market for either, but just wondering.

thanks.

[jokerone]

At lunch I asked my local gun store owner. He said out of state sales for pistols all have to go thru an FFL,  long guns/Shotguns in neighboring states don't all others same as pistols.  Which explains how I got the AR-15 in Missouri.

[djpegasus]

I always thought this was a gapping hole in the Brady bill in the first place but someone please correct me if this is wrong, but don't all these rules apply to the buying of a new gun aka: from a dealer, as I have bought several guns from private owners at gun shows and the only thing I've been asked for was the cash....never shown an ID to prove I lived in state