Post in progress … please be in touch if you have good information or see anything that is not accurate!
Why We Are Confused and Can Not Offer Legal Advice
Many of our clients own second homes in Wyoming, and we are frequently asked questions about firearms ownership. The local, state and federal dictates are many and cumbersome. Various FFL’s (Federal Firearms Licensed dealers) have different interpretations, some more liberal and some more conservative.
Why not go straight to the horse’s mouth? Back when I was a cop, lying was encouraged in the pursuit of truth and justice, and I assume that the same is true of other taxing and enforcement agencies of governments. I mention this to say that it could be possible that an ATF agent would not correct a conservative misunderstanding. We asked a number of FFL’s to give us answers to the following sample case and follow-up questions.
Background Info for example case: I live in the Socialist Republic (SR) of California, NJ, NY, Il, CT …etc…, and have a second home in Wyoming that I spend less than a month in each year. I have an SR driver’s license and I pay SR income taxes. I would like to have some semi-auto pistols and rifles to keep at my Wyoming home, however, I can not legally purchase them in my primary state of residence. I want to be 100% “legal” in all jurisdictions, including federal.
We have asked several FFL holders and also the ATF the following questions, and our summary understanding is as follows:
Question #1: May I purchase a rifle from a Wyoming FFL?
Answer from 1st:
Answer from 2nd: Both CA & NY require the purchaser to have a firearms license to purchase a long gun.
Answer from an ATF agent:
Question #2: May I purchase a pistol from a Wyoming FFL?
Answer from 1st:
Answer from 2nd: All handguns must be transferred to the purchaser’s State of residence to complete form 4473.
Answer from an ATF agent:
Question #3: May I purchase a rifle from a Wyoming private party who understands my “Background Info” above?
- Answer from 1st: Private party buyers and sellers are not required to comply with FFL requirements, and are not required to obtain documents proving residency. If a private party seller wanted to go above and beyond, they could require the buyer to provide a copy of real property ownership in Wyoming like property taxes, property title, electric bill etc…
- Answer from 2nd: To be 100% legal, any private party sales are required to locate an FFL dealer to facilitate the transfer.
- Answer from an ATF agent:
Question #4: If I may not purchase any of the above, may I give a Wyoming friend money, have them purchase the pistols and rifles, and may I borrow them from him to use when we are not together if he remains the legal owner of them?
- Answer from 1st: Yes. A straw purchase is when someone buys a gun with the intent to then give it to a prohibited person. It is OK to buy guns for other people who are not known or suspected to be “prohibited” people.
- Answer from 2nd: Straw purchase….not allowed.
- Answer from an ATF agent:
From the ATF regarding infringements on rights:
“a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.”
Post in progress … please be in touch if you have good information or see anything that is not accurate!
Even when this post is completed, it is NOT legal advice. We can not figure stuff out ourselves, so in order to comply, we use a very strict interpretation as we comply with the government in their infringement on your ability to keep and bear arms.
