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Thread: montana firearms purchase?

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    Default montana firearms purchase?

    Does anyone know what it would take to buy a pistol in Montana if you have an AK drivers licence? I am driving through Canada and would like to pick something up on the other side. Or any recommendations for where a good place to do bussines down there is?

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    Quote Originally Posted by mgsgold2 View Post
    Does anyone know what it would take to buy a pistol in Montana if you have an AK drivers licence? I am driving through Canada and would like to pick something up on the other side. Or any recommendations for where a good place to do bussines down there is?
    Can't answer the how to buy question. A good outfit to buy from, Libby Sports Center, Libby, Mt.
    Doug
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    I tried to buy in Idaho and Washington when I was living over there for a short time and not a resident. They wouldn't let me, only offered to transfer to a FFL in Montana. I don't know if all states are like this but I think that they are. Might want to make a call first.

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    I'm visiting in Arizona now and can't buy either a new pistol from Cabelas or a used pistol from a private party State Law. But I can buy a long gun anywhere

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    Default this just aint right

    So now the states penalize people for not living there, whats next? geez Even law abiding citizens cant buy legally on vacation. Oh well Ill walk in and give it a try with my mil ID and say I dont have a drivers license and see if that might work, or ill try to grab up a newspaper and make some calls. Worse case Ill find a bum on the street

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    It's not State law it's Federal law guys, you can only buy a handgun in the State you reside in or are assigned to on active military service. You may be fine with just military ID as I'm not up on all the military exemptions and rules an FFL must follow. Long guns are fine just not handguns.

    In most Western States you will find individuals selling guns and most don’t know the resident requirement laws or don’t care, very few will ask you for ID or anything. It would be illegal for you to buy a handgun in such a way even though you could.

    Any Sportsman’s or Cabalas has a bulletin board with guys selling all kinds of guns. In Arizona the Prescott Valley Park-N-Swap used to almost always have a good selection of guns. Just know you are breaking the law to buy handguns but you are allowed to have handguns outside your home State.
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    If you know somebody where you are going, you can legally UPS or FED-EX a handgun from yourself to yourself in care of that person. It is not legal for them to open the package. The ATF website has further details. I've done this travelling both ways to and from Ak.

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    Quote Originally Posted by Malamute View Post
    If you know somebody where you are going, you can legally UPS or FED-EX a handgun from yourself to yourself in care of that person. It is not legal for them to open the package. The ATF website has further details. I've done this travelling both ways to and from Ak.

    Actually that changed last fall where UPS requires an FFL on at least one end. I ran into this when I moved out of state and had to use an FFL. I think FedEx is the same. Federal law states we can ship from ourself to ourself in another state for legal purposes but the shippers fear some liability in that so they have stopped except where an FFL is involved.

    An interesting but legal transaction took place for me when I left Alaska. I had shipped a 44 special back to Ruger for repair from my residence in Alaska. I then changed residence to another state and they returned the same gun to me, at my residence, in my new state of residence. It was Ruger paid UPS all the way.

    But generally you most be a resident of or stationed in said state (Montana) to purchase a handgun.
    Is there nothing so sacred on this earth that you aren't willing to kill or die for?



  10. #10

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    I believe you can purchase in other states if you have a concealed carry permit.

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    Try to buy one in NY, permit to carry will cost you more than $180. This is not a concealed carry permit just one to own one.

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    Under federal law you can only buy handguns if you are a resident of that state.


    Per the NRA:

    Sales Between Individuals
    An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.


    From Dealers
    Provided that federal law and the laws of both the dealer`s and purchaser`s states and localities are complied with:

    • An individual 21 years of age or older may acquire a handgun from a dealer federallylicensed to sell firearms in the individual`s state of residence
    • An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state
    There are some ways around this, legally:

    • If military, you can buy firearms from your state of assignment. So, say you are a resident of AK stationed at Maelstrom AFB in Montana. You can use your PCS orders to buy firearms in Montana. You cannot use TDY orders for this purpose.
    • You can acquire a Curios and Relics FFL03 for $30 (3 years) from the ATF. This lets you acquire firearms in interstate commerce so long as they meet certain C&R guidelines.
    • You could have the dealer in Montana mail the firearm to an FFL in Alaska. Then you pick up the firearm from the AK FFL (and probably pay a transfer fee as well as shipping costs).
    • Get your FFL. Unlikely ever since the ATF shut down "kitchen table" operations.

    The grey area:

    • You can change your state of residence. There is generally no hard and fast rule on changing your residency. Generally the most important factor is expressing intent to change your residency. However, without corroborating actions such as registering to vote, changing your driver's license, titling property, registering vehicles, etc your expressed intent may or may not hold up if challenged. Additionally, this approach could have significant implications for your taxes and PFD.
    • Use the Montana Firearms Freedom Act. I don't want to be a test case, do you?
    • There may be some provision to allow corporations to purchase firearms in interstate commerce. I don't know and I'd want to research it extensively before trying it. So it may be possible to incorporate yourself and have the business purchase firearms. I doubt that it is that easy otherwise everyone would be doing it. You probably still need an FFL.
    • Have a family member that is a resident of Montana buy it and gift it to you. This is very close to a Straw Purchase (described below). The ATF does not have a sense of humor. Do you feel lucky?

    These methods are ILLEGAL, no matter what anyone on the internet tells you:

    • Buying from a private party who does not ask for ID. This is illegal, and potentially stupid. Think about it: if this private party is in a hurry to dump a gun for a great price with no questions asked, are you sure you want to be buying it?
    • Having a local resident buy from a dealer then transfer the gun to you. This is a straw purchase.
    • Having a CCW, being active duty military (unless you have PCS orders), being a LEO, etc -- none of these are legitimate methods for buying across state lines under federal law.

    Do the laws make sense? Probably not. Is saving a few bucks worth risking a felony conviction which will make you a prohibited person and thus unable to even possess firearms, much less buy them? I didn't think so. Plus, I like to give business to my friendly local gun shop unless they are charging exorbitant prices. Without our business those guys go under and we're left with whatever Wally World wants to give us.

  13. #13

    Default Montana

    If you really need a pistol either send to and from your self to a friends house like said before. Your only option other than that is to go to WAL-TUCKEY (wal-mart) and buy a pistol grip Mossberg for 350 ish. I have traveled back and forth between Los Anchorage and Missoula MT. by air and land a few times in the last 5 years and I finnaly just left a Glock 23 in Misssoula in my freinds safe. Every time I am in the area I grab a barbeque and my Glock them I am on my way. Good luck and have fun on your road trip.

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