A question for DU NRAers. (I know there's gotta be one of you)

[shadowknows69]

Is it reasonably legal to buy a shotgun from another citizen? Nothing fancy, single shot 12G.

[Solo_in_MD]

1. You might try the gun forum and say what state you are in

the rules vary from state to state

[yardwork]

2. You want the Gun Forum

http://www.democraticunderground.com/discuss/duboard.php?az=show_topics&forum=118

[Taverner]

3. Depends where - most places yes

But local laws apply

[MethuenProgressive]

4. Only a small fraction of gun owners/shooters belong to the NRA.

So don't think only NRA memebers can help you with your question! :D

[shadowknows69]

5. ok cool, what's the answer then?

n/t

[Lex]

7. Google your state's laws on that point.

How hard could that be?

All state laws are slightly different.

The DU Gun Forum was suggested on this thread as well.

[OffWithTheirHeads]

6. Don't know .

But... watch for changes based on the Washington D.C. ruling.
In California, you can buy a gun from a friend but the transaction still has to go (theoretically) through an authorized gun dealer.

I have found some very knowledgable people in the "Outdoor Life" forum here. You would be amazed at the number of D.U.ers who own and love their guns. Me among them.

[shadowknows69]

8. sadly I'm not buying it to love it

I may very well need it for home protection. I think I'm being scoped out for a burgalry.

[OffWithTheirHeads]

18. Well and good...But...if you are going to own a gun

take the time to learn to use it. A gun will do you no good unless you are familiar enough with it to load it and shoot it with confidence. When I bought my first handgun, I ran over 200 rounds through it before my hands stopped shaking. After several years, I am still trying to figure out what the best self defense load is in my shotgun. Unless you are comfortable enough with your gun to use it in a highly stressful situation, ie; burglary, breaking and entry, etc. you are more at risk owning a gun than not. You should know your gun like the back of your hand before you pull it out to defend yourself.

I go to the range about once a week. The people who work at the range tell me that most people go once a year. You cannot be comfortable with your gun(s) if you go once a year. If you are really interested in home defense, you need to get so comfortable with your gun that you don't have to think about it when the time comes to use it.

[shadowknows69]

20. Excellent post and advice thank you

and I plan to. The person I'm buying it from is a hunter from way back and he's promised lessons.

[onehandle]

9. Timothy McVeigh was an NRA member.

And a registered _ _ _ _ _ _ _ _ _ _.

[-..__...]

21. So was this guy...

Except that he was a registered _ _ _ _ _ _ _ _:)

[onehandle]

39. There's nothing in that letter about protecting gun manufacturers.

Or bullying members into voting against their families' best interest.

Which is what today's NRA is all about.

He wouldn't be a member today.


And then there's his fate...

[Blue_Tires]

10. agree with others that said try the gun forum

a lot of knowledge in there -- I know slackmaster and BenEzra are great resources on gun laws

[karlrschneider]

11. Your term "reasonably legal" doesn't really have any meaning.

Something is either legal or it isn't. As others have pointed out, the actual laws vary but there is no ENFORCIBLE law that would prevent you from buying or selling a shotgun to or from a friend. It happens thousands of times a day in every state.

edit: to better address your question, we have about 25 guns and are not NRA members.

[PsN2Wind]

12. I'm sure you're right

as for Oklahoma and I know it would be OK here in Arizona. Some locales have some very restrictive gun laws though and I'd check for them if I were the poster and really cared.

P.S. If you ever bring that Lear to the Flight Safety center in Tucson, let me know, I'll buy you a beer.

[-..__...]

13. NRA and GOAL member.

http://www.goal.org

Would be an NRA Life member if I could afford it. :(

(What's "reasonably" legal?... it's either legal or it's not).

To answer your question...

There's no Federal prohibition against it unless you're in one of the following categories...

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence

(10) Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

<18 U.S.C. 922(g) and (n), 27 CFR 478.32>

http://www.atf.treas.gov/firearms/faq/faq2.htm#b5

State laws vary, but you can check here...

http://www.packing.org/state

[OffWithTheirHeads]

14. Interesting. I am a member of the N.R.A. and a card carrying

member of the A.C.L.U. Some find that position strange. I find it to be completely consistent.

[WilliamPitt]

15. Ditto.

I remember a scene from the West Wing (yeah, reveling in my inner cheesebag here) where Josh was debating a gay GOP House Rep. Josh finally flipped and asked how he could be a member of that party, which hates his orientation and raises money by damning and denouncing all things gay.

The Rep said (paraphrasing), "I've always wondered why you gun-control people don't go join the NRA en masse. Ten million new members, go to vote on the platform and whoosh, everything's changed."

Food for thought.

And I gotta tell you, having George in there for all these years has really caused a boomerang-turn in my opinions on gun ownership.

[OffWithTheirHeads]

22. I hadn't owned a gun since I was 12

I am 56 now. Since Bush came to power, and after watching Brownie's response to Katrina, I now own a small arsenal. Shotguns, handguns, even a 1770, 50 cal, flintlock.

[EstimatedProphet]

16. I'm no NRAer, but...

You're likely to need an FFL transfer, which for a used shotgun I would expect to cost about $20. A gun shop should be able to do it. Now, some states have legal sales between individuals. My advice would be to talk to a guy in a gun shop and see if it's needed for you and if he'll do it.

[-..__...]

17. An FFL is required...

on interstate transfers or on transfers between an individual purchasing a firearm out of state.
A person who resides in one state, can purchase long arms (rifles, shotguns), in another state, but...
it must be through an FFL, and the sale must comply with laws in the buyers home state.

A person wishing to purchase a handgun in another state, must have the gun shipped to an FFL in their home state. Again, state and local laws apply.

Anyhow... I just checked the OPs profile (something I should have done sooner), and noticed he/she is in NY. That being the case, there just might be a requirement for the sale to take place through an FFL.

[PsN2Wind]

19. There is an exclusion on interstate sales

if the purchase is in a contiguous state as long as the laws of both states are complied with.

[aikoaiko]

23. My recommendations are:

1: Call the police immediately about your concerns of being staked out for a robbery. They may be having a rash of breakins and would welcome the info. They may also send some cars by.

2. Definitely get yourself something to protect yourself. I recommend an Remington Express 870 pump shotgun with either number 1 buck, 0 buck, or 00 buck (nothing smaller). Buck are the pellets inside and the numbers designate size. Its very easy to operate. I suggest going to your local gunstore, outdoor center, or even Walmart (some don't sell firearms anymore). It shouldn't cost more than 325.



3. If you buy a firearm, go to a range immediately and shoot the gun. Ask the range master or other shooters for help if you need it.

To answer your question, in many states it is perfectly legal to buy a firearm from another state resident without doing background checks or even a bill of sale. Check your state laws. Because its difficult to get this information, I recommend buying one new from a store (Federal Firearms License holder).

edited to add: I see you are from NY. I would imagine they are tough on inter-resident gun sales. If you need it quick, I'd go to a gun store.

[EstimatedProphet]

24. I myself would recommend a Stoeger Coach Gun

20" double. Short for maneverability in a closed space. Easy to aim.

I'd like to get one myself :)

[aikoaiko]

31. Another excellent recommendation.

Everyone should have one. :)

[shadowknows69]

35. I wish

my only hope financially is a used single shot 12G a friend has. Not exactly the Terminator but it should be scary.

[aikoaiko]

37. Good luck. I'd go talk to a FFL

Yellowpages --> Firearms Dealers --> Phone number --> decent chance of correct answer.

Local and county police are usually useless when it comes to understanding gun laws. The NRA site suggests that you need a license to have a shotgun in NY, but I wouldn't trust a website (NRA or otherwise).

A single shot 12 gauge shotgun is better than nothing. I still recommend #1Buck - 00 Buck.

http://www.nraila.org/GunLaws/nyc.aspx

The bad news is that I don't think you live in a free state and it may be a bit of hassle to legally acquire your shotty.

[sammythecat]

38. aikoaiko gave you some good advice

All of his suggestions were excellent and I'd like to add my own emphasis to points 1 and 3.

If that single shot is all you can afford, then so be it, it's better than nothing. A multiple shot pump action would give me more peace of mind. If you check some gun dealers and the local classifieds you may be able to find one you can afford.

I don't know the specifics of your situation, but if these robbers are just burglars, and they have any brains at all, they wouldn't want to mess with anyplace if they thought someone was in there and up and about. If they heard someone in there moving around they'd probably want to get the hell out of there as fast as they could. Having said that, if I was in your situation, I would want a gun too.

By all means follow aikoaiko's advice. Notify the police, try to get a pump-action if you can, and, whatever you get, become familiar with it. Become as familiar with it as you possibly can.

[OffWithTheirHeads]

40. And I'll throw one last shot in here

Know your gun and know it well. The last thing you want to be doing is trying to figure out how your gun works when someone is coming through the back door.

[Ganja Ninja]

25. I'm not an NRA member but I bought a shotgun a couple of years

ago in Florida. I bought it from a dealer at a gun show and there was no waiting period. The waiting period only applies to handguns and rifles and only when purchasing from a dealer. Private sales between two individuals are not covered by the law requiring waiting periods. So in Florida you can buy any legal firearm from a private owner without a waiting period or background check.

[MGD]

26. Of course it is, unless it's sawed off and your name is Randy Weaver.

[Squatch]

27. The NRA is *not* the definitive source on local gun laws.

Please contact your local office of public safety, police precinct, sheriff's office for no-shit answers on your question.

[benEzra]

30. Actually, your local LEO office is all too likely to give you the wrong answer...

they aren't lawyers.

The best bet is your state Attorney General's website. Most states have a downloadable compendum of their firearms laws on the state attorney general's website.

[donheld]

28. Yes, unless that "other citizen" is Dick Cheney

He might shoot you instead. :D

[benEzra]

29. IF you both live in the same state, then it depends on the state.

Selling a shotgun across state lines is a felony, unless you have a Federal dealer's license (FFL).

If you live in the same state, then as long as you and the seller both have clean records, and the gun is not stolen, then it's legal in most states, though some states require the sale to go through an FFL.

What state are you in?

[Javaman]

32. delete

[mdmc]

33. YES

:kick:

[scrinmaster]

34. Here in FL it would be

as long as both parties are over 18 and the purchaser is allowed to own firearms. In NY, you might have to do the sale through an FFL, but face-to-face private sales are usually allowed.

[Capn Sunshine]

36. Private transactions are usually that

There's no enforcement mechanism to track a private sale. It's not like you need papers to get ammo for your new shotgun.