Sebastian (SIH) ran across a good one today.
A MA college student decided to show how lax gun controls are in our country so he travels to NH, attends a couple gun shows, and after repeated attempts to buy a handgun via private sale* finally finds somebody that’ll sell him a double barrel shotgun.
In Sebastian’s follow up he ran through the relevant portions of United States Code and determined that the purchase wasn’t technically illegal as he never took it back to MA but also didn’t turn it over to an FFL before leaving the state which makes it illegal. Police departments wouldn’t technically count which is where the gun ended up he says.
Not sure how the ATF would proceed in such a case. From their FAQ:
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.
They don’t appear to have anything in the FAQ related to buying it out of state and then ditching it before you cross state lines.
*: He was turned down by the handgun sellers because they all asked to see a NH driver’s license. That’s not required of them but he thinks it is. In reality it’s just a CYA move most guys do when selling guns at a gun show in private sales. Been through that experience myself.
The Driver’s License CYA move also ensures you’re not being set up by the ATF, as they have done in the past, by conducting a private sale to an illegal citizen. Granted, even in that case it is not the fault of the private individual making the sale, but the buyer … but then again, when has the whole law thing ever caused the ATF any trouble.