Steps to buy a gun in America an FYI

reply to post by Libertygal


What you keep refering to as a gun show loop hole is more correctly termed a legal loop hole. Since it can happen at any number of places and does many times more often than at gun shows. The semantics are very important because it transfers the blame to an honest industry and away from the true criminals.

Now can we get back on topic?

reply to post by Libertygal

It is a loophole, technically speaking, because the Brady Law did not take gunshows and private sales into account.

why do you continue to imply that your mistaken interpretation of a non-existent "loophole" needs 'fixed' when the law specifically crafted and passed in the manner the Brady bill was, eluded to private sales as just that, Private?
there is no 'technically speaking' jargon you can lay claim to because it was all discussed when Brady was crafted.
If a criminal sale occurs (even at a gunshow), there are plenty of avenues of prosecution but rather the ATF participate in such activities, at all the gunshows i've attended, they much prefer to follow the buyers around ... not verify any seller activities.

reply to post by thisguyrighthere


As a former New Hampshire Resident and a currant Massachusetts Resident just a few months ago I went up to a Dick's Sporting Goods in New Hampshire and bought a Mossberg Shotgun. Showed my drivers license and my License to Carry, filled out paper work, waited a few minutes for the background check, left with my shotgun that day with some shells. Also checked other shops and they could only sell me long guns and not handguns. I have not bought a gun person to person so that may be different but I know you can purchase long gun through gun shops. I Know in it is illegal to buy a gun in Massachusetts unless you are a MA resident or ammo for that matter. Just my experience.

Reply to post by Mr. Singularity

Did you have to register it on an FA-10 when you got back to MA?


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Originally posted by macman
I find it scary that a lot of people don't know the process for purchasing a firearm.
But I also think it really isn't a big surprise that people aren't informed.

Funny though, that most anti's don't know the process in the first place.

I think it's funny that We have to have a license for guns. It is my right to own a gun no butts about it.

I own several firearms and don't have any sort of license. All I need to do is walk in to a gun shop and pick whatever I want. It takes usually about 5 minutes to fill out the form and wait for them to verify my information via phone. Then I take my guns, ammo, and magazines and drive home.

Of course, I don't live in a city. And Idaho is an open carry state.

I'm just curious - What about on-going training and safety assessments?

Do you need to complete an amount of training every year or two? Do you need to complete a safety course? Do you need to have Senior First Aid tickets? Do you need to submit some form of proof that the gun is being stored in a safe location (like a gun-safe)?

I only ask this cause I'm on the other side of the world, and have no idea. This seems to be a good thread to ask.

Thanks,
Shane

Originally posted by shamus78
I'm just curious - What about on-going training and safety assessments?

Do you need to complete an amount of training every year or two? Do you need to complete a safety course? Do you need to have Senior First Aid tickets? Do you need to submit some form of proof that the gun is being stored in a safe location (like a gun-safe)?

I only ask this cause I'm on the other side of the world, and have no idea. This seems to be a good thread to ask.

Thanks,
Shane

Shane, since no one else responded, the answer to most of your questions is No, depending on the state in which you reside (each state has different requirements)

In my state of FL, none of the items you listed are 'required' for basic ownership.
A carry permit does require a safety course to obtain one, but it is not required for gun ownership.
No first aid required (but highly suggested).
No annual or bi-annual maintenance training or specific storage requirements Except when transporting without a carry permit. Here, when transporting w/o a carry permit, the gun/ammo must be separate and in a locked compartment. No need to disassemble, or trigger lock the gun.
At home, guns are loaded and on safety and immediately accessible if needed. (we have no small children around or as regular company, but if they do arrive, all but one of our weapons are placed under lock and key until they leave)

I hope this answers some of your questions but i cannot answer for other states. If you have a specific state in mind, please say so and i'd imagine someone from there can clarify.

Thanks Honor93,

No I was just curious as to the overall situation over there. You summed it up rather well.

Thanks!

reply to post by shamus78

you are quite welcome but be careful now, my summary only applies to about 3 of the states. Many others have more specific requirements (FL is one of the more lax states) ... some have actual bans on certain calibers and some have lengthy waiting periods, (in FL it was 3 days from paperwork to pickup at the range ... and we walked out with weapons in hand from gun shows - paperwork approved)

point is, don't take my word and experience as any kind of 'standard' in the states ... there really is great variety depending on your location.
glad i could help but these aren't the only answers you need for a full picture of what is 'going on' over here.

i know this much for sure, some continuity in the interstate laws would be helpful to say the least but of course, i'd prefer more states adopt FL standards rather the other way around. Then again, some states who manufacture/produce/sell in same state have -0- registration or licensing requirements.

reply to post by Honor93


North Carolina is about the same as Florida. The big difference is that North Carolina has a "safe storage law." The law says that you must store the gun so that unauthorized users can not access the weapon. It also says that if a minor gets your gun and uses it you can be held liable in civil and criminal court. The police will investigate to ensure that it was properly secured in a manner that a reasonable person would believe sufficently restricted access.

In Texas, a private seller is only required to make sure the person he sells the gun to is a legal resident of Texas, and is 18 years of age, or if selling a handgun 21 years of age.

Just ask to see ID.

A private seller isn't responsible to ascertain whether or not an individual is prohibited from possessing firearms due to criminal convictions if the sale was conducted in good faith. It is easy to get prosecuted if the State finds out someone was knowingly supplying guns to gang members or something though.

Don't sell a gun to anyone if you aren't comfortable with it. If it bothers you bad enough, report them to the police.

All my weapons I bought on KSL.com
But that's in Utah. And the only people who knew about my weapons/ammo was the block captain. We'd do neighborhood watch with the support of the local police.

i live in north carolina and used to work in a store that sold long guns . here in nc to purchase a hand gun usually you go apply for a permit to purchase and it used to have a 5 business day waiting period on it. a long gun could be purchased at local gun shoppe or from department stores like the roses store i used to work at . they would have you fill out some documents they would give you a copy and they would keep a copy and one was sent to atf i believe. but usually you could walk out with a rifle after 10 or 15 minutes. now gunshows on other hand in my county you just go up to sheriff who is onsite and purchase a permit to purchase your hand gun he does a background check and boom you either leave with gun or leave for jail if it fails. other alternative go to one of the big construction sites in area usually they got a guy selling hand guns with out serial numbers just don't get caught because that is very illegal plus gun u buy might have bodies on it.

As has been pointed out a private transfer between folks of legal age for the weapon in question , if you get ID on the buyer, and your state doesn't require your to run private sales through a dealer are good to go even if the guy turns out to be a felon as long as you had no knowledge of it. For you to commit a crime one of the elements is intent. If you do not know the buyer can not possess a gun, legally you have no intent to break the law. The buyer in such a deal however can still be charged with a crime because they intentionally purchased, and possessed the weapon.

It's the same with FFL dealers and straw man purchases. If person A who can buy a gun goes and buys a hand gun for thug B clears all the checks, leaves the store and turns the gun over to thug b they have committed the crime not the dealer. Now if person A and thug B enter the store together, thug B attempts to purchase the gun, is refused, person A then says why I'll get it for you and the Dealer sells it to person A after hearing person A say that, they deserve the building that's gonna fall on them as they have intentionally participate in a straw purchase.


Hope that made sense I have been up a long time and it's beginning to get thin around the edges.

I've got ALL of you beat!.... I live in New Jersey! , home of the most Draconian gun laws in the union. Here's a sample

Hollowpoint rounds are Illegal to carry in a hand gun (restricted to LEO's), which doesn't matter because you can't get a carry permit anyway! HP's are even illegal for retired LEO's. (I'm not kidding)

In order to get your Firearms Id card , you have to get fingerprinted by a company that makes appointments no sooner than 2 weeks away and charges you $73.50 , but that doesn't matter because it's going to take 90 days on average to get your FID card. The quickest I've seen is 45 days , the longest was 9 months , It took about 57 days to get mine. The law states it must be granted or denied within 30 days.

To get your FID card your employer is called and questioned as are the 2 character witnesses you submited on your application. There is also a mental health records check (which should be done)

The FID card allows you to purchase long guns only , In order to purchase a pistol you have to fill out a pistol purchase permit aplication @ $5 a pop and you must go through the same background checks that you did to get your FID card in the 1st place.(another 90 days if you're lucky) Pistol Purchasers permits last 90 days , but you are only allowed to purchase one handgun a month.

We have a 15 rd magazine capacity legal limit (fine for pistol, sucks for rifle) which lautenburg is trying to legislate into a 10 round magazine capacity due to the recent tragedy in AZ in which the shooter used a 33 rd magazine that was made for the G18. Not for nothing , but If a 33rd mag IS ALREADY ILLEGAL in this state , does it become MORE ILLEGAL if we get mag capacities reduced to 10 rounds? I'm just sayin...

YOU CAN'T LEGISLATE SAFETY... wolves will be wolves regardless , all they do is make it harder for law abiding citizens to protect themselves.

More Gun Laws Per Wikipedia


Permits to Purchase/Own In New Jersey, firearm owners are required to get a lifetime Firearm Purchaser card for the purchase of rifles, shotguns or handguns. To purchase a handgun, a separate permit is needed from the local police department for each handgun to be purchased and expires after 90 days. These, like the initial Firearms Identification card (FID), are provided to applicants on a shall-issue basis. They require in-depth application questioning, multiple references and background checks via the State Bureau of Identification and New Jersey State Police; however, authorities do not have discretion and must issue permits to applicants who satisfy the criteria described in the statutes. NJ law states that Firearms Identification approval and/or handgun purchase permit(s) must be issued within 30 days; however, this rule is frequently ignored and permits and/or ID cards often take several months to be issued. Applicants are able to appeal the denial of permits.

[edit] Limits and RestrictionsN.J. Rev. Stat § 2C:39-1y. New Jersey bans the possession and use of hollowpoint ammunition, with the notable exemption for ammunition possessed inside one's home or on one's property, or for use during specific activities, i.e. hunting or at shooting ranges.[203] Hollowpoint ammunition is available for unrestricted purchase from most retailers wherever firearms are sold, and may be transported by purchasers without special licensing.

Capacities of semiautomatic handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds. Furthermore, New Jersey has banned various semi-automatic firearms.[204] Police are bound by the Assault Weapons Ban (AWB) in New Jersey but may possess those weapons if they receive the signatory approval of the chief law enforcement officers of their agencies. They are exempt from the capacity limits on magazines when used in duty firearms, and also in personal weapons when approved by the agency.

Starting January 1, 2010, New Jersey limits handgun purchases to one per 30 day period. Upon completing a New Jersey State police form, an FID card holder may be granted permission to purchase more than one handgun a month by declaring good reason. Reasons may include: recreational shooting; the purposes of collectors; when it is required for certain employment; and when obtaining firearms as the beneficiary of a will.[205]

[edit] Permits to CarryNew Jersey issues Permits to Carry to both residents and non-residents, who must submit applications to the chief law enforcement officers of their municipalities, or the State Police, respectively. By statute, New Jersey is a may-issue permit system, in which authorities are allowed discretion in the approval and denial of applications. It has seemed to be the policy of many permit-issuing authorities that the carrying of a handgun on one's person ought to be limited to armed professionals (private security officers, law enforcement officers, etc.). Many applicants have reported difficulty in obtaining New Jersey Permits to Carry, especially non-residents.

Federal law 18 USC 926A entitles a person to transport a firearm; however, people have been arrested for having an unregistered handgun when flying out of NJ airports. In 2005, Gregg C. Revell was traveling through Newark Airport, but because of a missed flight, he was given his luggage, which included a properly checked firearm, and he was forced to spend the night in New Jersey. When he returned to the airport the following day and checked his handgun, he was arrested for illegal possession. Mr. Revell lost his lawsuit after The U.S. Court of Appeals for the Third Circuit held in Gregg C. Revell v. Port Authority of New York and New Jersey,[222] held that "Section 926A does not apply to Revell because his firearm and ammunition were readily accessible to him during his stay in New Jersey." This opinion will apply to NJ airports. If you miss a flight or for any other reason your flight is interrupted and the airline tries to return you luggage that includes a checked firearm, you cannot take possession of the firearm if you are taking a later flight.

I did not read this forum but I have a question... since it relates I will ask...

If I were to take a gun from an aggressor, how do I eject the magazine?

In movies an ejection seems so simple no matter what type of gun it is, a six shooter or a handgun.

If I were to overtake an individual with such weapons and take his/her weapon, how do I release the ammo?

Reply to post by pa.Frost

Depends on the gun. Generally there is a lever or button in the vacinity of the mag well.

Remember, just because the magazine is out doesn't mean that gun isn't loaded.


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reply to post by thisguyrighthere
I also know that from movies that there can be a bullet in the the chamber. Can you or anyone tell me how to release popular models which are callled berettas or such.