Carry permits, and out of state buying of firearms - Kawasaki Versys Forum
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post #1 of 6 (permalink) Old 04-06-2012, 11:42 AM Thread Starter
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Question Carry permits, and out of state buying of firearms

So we had a "discussion" at work today among the office about carry permits and purchasing firearms.

A little background. I'm from Vermont originally, I've lived in Knoxville, Tennessee for about 3 years. I have a Tennessee driver's license, address, and my cars and motorcycles are registered in Tennessee. There isn't anything restricting me from purchasing a handgun in either Vermont or Tennessee. I do not currently have a handgun carry permit in Tennessee.(yet!)

Tennessee has a carry permit law, that states you must go through a course and apply and be approved to carry a firearm CONCEALED OR OPEN.

Vermont has NO CARRY PERMIT LAW. You can carry a firearm(provided you're legally allowed to do so in regards to not being a felon, etc) OPEN OR CONCEALED anywhere that is permitted without restriction. Restricted areas include courthouses, school property, specific state properties(game sanctuaries) etc.

I'm wondering the following:
1: If I'm legally allowed to purchase a handgun in Tennessee, can I buy one in Vermont? My assumption is yes, since my background check is federal and not state regulated and state laws in both states allow the purchase.

2: Can I take said handgun home with me in Vermont(no transportation outside state boundaries) or does it have to be shipped to TN? My thoughts are again, yes, because I could do this in Tennessee also.

3: This one is the biggie. Can I carry(OPEN OR CONCEALED) said purchased handgun in Vermont without a permit? Again, we're not talking about anything in this scenario happening outside the state boundaries where I am located, which in this scenario is Vermont. What laws do I have to abide by? The state where I am a resident, or the state in which I am currently in? If you go by theory 1(abiding by resident state laws) I would NOT be able to carry it, as I would need the permit in Tennessee, so I would need the permit in Vermont. If you go by theory 2(abiding by the laws of the state I'm currently IN) then YES, I WOULD be able to carry it because Vermont has no permit to carry restriction.

I'm not asking all of this because I'm thinking about actually going through with all of this. I'm merely curious.

Can someone with more knowledge than me(and better google research skills) chime in?
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post #2 of 6 (permalink) Old 04-06-2012, 01:07 PM
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Here are some helpful links

http://en.wikipedia.org/wiki/Gun_law...%28by_state%29

and

http://www.usacarry.com/vermont_conc...formation.html

It might be worth a call to your state PD and to the Vermont state PD. Just to be on the safe side.

Good luck and happy riding,


msiple
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post #3 of 6 (permalink) Old 04-06-2012, 05:34 PM
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You must abide by all laws of the state you are in at the moment.

With your residence being in TN, your Drivers License in TN as well, you can only purchase a firearm in TN. You can purchase anywhere and have it shipped to a FFL in TN for the transfer (background check & paperwork).

Once purchased, follow TN law while there, follow VT law when there, follow each states laws on the trip either way while in them.

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post #4 of 6 (permalink) Old 04-06-2012, 06:30 PM
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In general, you can purchase and take possession of long guns anywhere, so long as it is from an FFL. You can purchase handguns anywhere from an ffl, but it must be shipped back to an FFL in your resident state before you can take possession of it. This is what GCA68 says, but state laws may differ. I think SD used to limit long gun transfers to residents of contiguous states only.

If vermont law does not state a residency requirement for carrying, open or concealed, then you can carry. It appears that there isn't this requirement.

Federal law protects your right to interstate transport of personal firearms so long as it is lawful for you to possess it at home and at your destination(FOPA '86). The federal protection requires it to be unloaded and inaccessible from the passenger compartment. It's best to have it unloaded and locked in a case separate from ammunition when going through freedom hating states (the north east in general and illinoisistan), or any state in general if you don't know their laws. This is to avoid confrontation with arrest happy/ignorant LEOs.

If you are thinking of traveling somewhere and want to be armed, you'll have to bring it with you or purchase a handgun in your resident state and ship it to yourself at your destination. The person you ship it to c/o can only hold it for you, they cannot open the package as this would be considered an interstate transfer (like anyone would ever know anyways).

Last edited by craigercj; 04-06-2012 at 06:34 PM.
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post #5 of 6 (permalink) Old 04-06-2012, 06:32 PM
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I am not a lawyer and that was not legal advice.
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post #6 of 6 (permalink) Old 04-06-2012, 08:33 PM
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Quote:
Originally Posted by craigercj View Post
In general, you can purchase and take possession of long guns anywhere, so long as it is from an FFL. You can purchase handguns anywhere from an ffl, but it must be shipped back to an FFL in your resident state before you can take possession of it. This is what GCA68 says, but state laws may differ. I think SD used to limit long gun transfers to residents of contiguous states only.

If vermont law does not state a residency requirement for carrying, open or concealed, then you can carry. It appears that there isn't this requirement.

Federal law protects your right to interstate transport of personal firearms so long as it is lawful for you to possess it at home and at your destination(FOPA '86). The federal protection requires it to be unloaded and inaccessible from the passenger compartment. It's best to have it unloaded and locked in a case separate from ammunition when going through freedom hating states (the north east in general and illinoisistan), or any state in general if you don't know their laws. This is to avoid confrontation with arrest happy/ignorant LEOs.

If you are thinking of traveling somewhere and want to be armed, you'll have to bring it with you or purchase a handgun in your resident state and ship it to yourself at your destination. The person you ship it to c/o can only hold it for you, they cannot open the package as this would be considered an interstate transfer (like anyone would ever know anyways).

this is correct I live in NH and can't buy a handgun in VT without going through an FFL

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