out of state gunshows (Read 2656 times)

Tom

out of state gunshows
« on: December 14, 2013, 07:29:51 PM »
Hey,

Anyone been to any out of state gunshow?  Thinking of a trip next year.  I would like to use my C&R license so primarily interested in historic guns.   Any gun shows you can recommend?

--tom




Tom
NRA Endowment Member

suka

Re: out of state gunshows
« Reply #1 on: December 14, 2013, 08:05:35 PM »
Knob Creek!

Q

.
« Reply #2 on: December 14, 2013, 08:29:11 PM »
.
« Last Edit: November 17, 2016, 11:17:01 PM by Q »

GreenStomper

  • Trade Count: (+83)
  • Hero Member
  • *****
  • Posts: 1627
  • Total likes: 76
  • If mama ain't happy, ain't nobody happy
  • Referrals: 0
    • View Profile
Re: out of state gunshows
« Reply #3 on: December 15, 2013, 08:42:33 AM »
Does a person have to go through two FFL's ? One at the gun show, the other in Hawaii?
God, guns, and guts made America. Let's keep all three!

Lifer

Re: out of state gunshows
« Reply #4 on: December 15, 2013, 09:41:42 AM »
Does a person have to go through two FFL's ? One at the gun show, the other in Hawaii?

It's basically cash and carry at the mainland gun shows. The NCI background check takes about 20 minutes.
One year I bought a pistol, while waiting walked over to another table bought a rifle and by the time I was done with that transaction it was time to pick up the pistol. :thumbsup:

Most states require you be a resident of that state , but with a C&R license I believe you would be good. Your only concern is packing the weapons back to HI and registration.

 If  you want to ship them, then yes you would have to involve a FFL to FFL delivery, but I would just buy a few pelican cases and bring them myself on the plane.


I can't remember the name of the show, but there are ALOT of great ones in Virginia.

GreenStomper

  • Trade Count: (+83)
  • Hero Member
  • *****
  • Posts: 1627
  • Total likes: 76
  • If mama ain't happy, ain't nobody happy
  • Referrals: 0
    • View Profile
Re: out of state gunshows
« Reply #5 on: December 15, 2013, 10:37:05 AM »
Ah, yes. The gun show "clause".
I know some states require you to be a resident to purchase.
The C&R adds an interesting aspect to the possibilities.
God, guns, and guts made America. Let's keep all three!

Tom

Re: out of state gunshows
« Reply #6 on: December 15, 2013, 11:50:23 AM »
Ah, yes. The gun show "clause".

Not really a clause.  We often forget that we are in a federalist system where the federal government can regulate interstate commerce and the states regulate everything within the state.  Unfortunately, the feds have taken a rather overreaching view of interstate commerce to include all commerce (see Wickard v. Filburn).  So, there is no "clause" that says gunshows are exempt from anything.   The private sale of a firearm within a state is generally not regulated by the feds and that is how this all comes about. 

I know some states require you to be a resident to purchase.
The C&R adds an interesting aspect to the possibilities.


Federal Law prohibits you from buying or selling a handgun from/to a non-licensee  (FFL) out of state  The C&R FFL may purchase a handgun across state lines as long as it is >50 years old or on the C&R list. All of this is federal law and not Hawaii law.

Correct me if I'm wrong, but I believe that rifles and shotguns used to be covered but that was changed in the 1980s.
Tom
NRA Endowment Member

GreenStomper

  • Trade Count: (+83)
  • Hero Member
  • *****
  • Posts: 1627
  • Total likes: 76
  • If mama ain't happy, ain't nobody happy
  • Referrals: 0
    • View Profile
Re: out of state gunshows
« Reply #7 on: December 15, 2013, 12:23:08 PM »
For those not in the know assume that cash and carry means no background check. Or, local and federal laws don't apply to purchasing at shows.
God, guns, and guts made America. Let's keep all three!

Q

.
« Reply #8 on: December 15, 2013, 12:50:36 PM »
.
« Last Edit: November 17, 2016, 11:17:46 PM by Q »

mmmorgalis64

Re: out of state gunshows
« Reply #9 on: December 15, 2013, 02:57:25 PM »
I went to one yesterday. For a new long gun/pistol you have to fill out paperwork. But you can do P-2-P sales, cash and carry at least In my home state. You can buy a new long gun from out of state but you have to go through the background check still, pistol you have to be a resident.  Some people still have crackhead prices for guns, but most have come back down. I bought some PMags for 9$, 500rd .233 for $145, 200rd of 308 for $149, 100rd of 762x39 for $25. Plenty of mags and drums and they are coming down in price. 22LR keep dreaming! They had the 550rd boxes anywhere from $40-$75 and some were well over $100.  Some guy had a booth dedicated strictly for 22LR.

Lifer

Re: out of state gunshows
« Reply #10 on: December 15, 2013, 03:16:03 PM »
For those not in the know assume that cash and carry means no background check. Or, local and federal laws don't apply to purchasing at shows.

Absolutely.

When I say cash and carry,  that is always after the background check. It was nice to be able to purchase a weapon after filling out a form, a electronic background check and you're done versus the Hawaii way....

asinapple8805

Re: out of state gunshows
« Reply #11 on: December 15, 2013, 03:20:35 PM »
Not really a clause.  We often forget that we are in a federalist system where the federal government can regulate interstate commerce and the states regulate everything within the state.  Unfortunately, the feds have taken a rather overreaching view of interstate commerce to include all commerce (see Wickard v. Filburn).  So, there is no "clause" that says gunshows are exempt from anything.   The private sale of a firearm within a state is generally not regulated by the feds and that is how this all comes about. 

I'm sorry if this is a little on the longer side.

You're right that Wickard v. Filburn, 317 U.S. 111 (1942), did extend the commerce power of congress to regulate things.  In that case, the Court gave Congress the power to regulate things that were produced for personal consumption regardless of the fact that it was never intended to enter the stream of interstate commerce.  Keep in mind that Wickard had taken place during a time of national economic crisis (WW II) and the Court was under great pressure by the executive branch following The New Deal.

While it technically is still good law because it hasn't been overturned, more recent Court decisions have limited Congressional powers.  See United States v. Lopez, 514 U.S. 549 (1995).  In Lopez, the Court ruled that Congress had exceeded their power under the Commerce Clause to regulate the 1990 Federal Gun-Free School Zones Act which made it a federal offense for a student to carry a gun onto a campus.  This is within the State's power to regulate under state police powers, but it is NOT within the power of the federal government.

A lot more of the more modern court decisions have leaned toward limiting Congressional power to make federal legislation under the Commerce clause.  See United States v. Morrison, 529 U.S. 598 (2000); and the popular Obama Care decision, National Federation of Independent Business (NFIB) v. Sebelius, 132 S. Ct. 2566 (2012).  Note that in the ObamaCare decision, the Court did uphold the "individual mandate" of the federal law, but only under Congressional Taxing power.  The Court ruled that the "individual mandate" was not a valid exercise of Congressional power under the Commerce Clause, nor was it valid under the Necessary and Proper Clause.

Lifer