In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

WI vs. Indiana law on long gun sales ?

44pinshooter44pinshooter Member Posts: 1,048 ✭✭✭
edited August 2013 in Ask the Experts
OK..Here is the question. We are a WI dealer. A man who is on vacation in WI, who is an Indiana resident wants to buy a long gun we have for sale in the store. Now, can Indiana residents buy long guns from another state?
OK..... I don't know. I call ATF&E in Milwaukee, they tell me they don't know. I need to call the Indiana Attorney Generals Office. So, I call the AG. First 3 phone calls went no where with push this number and then that number. Next day, better luck, I get a real person, who doesn't know and puts me into somebody's voice mail. Wait 2 days, no return call. So, I start calling a few Indiana gun dealers. They say that they are not sure.
Now, I am not stupid, I have checked my reg books. I can't find a solid "YES" or "NO" in them.
Can any one tell me or direct me to where I can find out.
Is it OK for a WI FFL to sell to an Indiana resident?
Thank you for any and all help.

H.C.Hawk

Comments

  • 11b6r11b6r Member Posts: 16,588 ✭✭✭
    edited November -1
    Federal law permits an unlicensed person to purchase a rifle or shotgun from a licensed person (dealer) in another state. California will not permit their residents to do so- other states have more sense.

    Rifles or shotguns, good to go. Other firearms- no.
  • mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    The Indiana preemption allowing sales only their contiguous state was repealed in 2011 under P.L.60-2011, SEC.2 so he can buy a long gun from you:

    Repeals a provision that states: (1) a resident of Indiana may purchase a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois; and (2) a resident of Ohio, Kentucky, Michigan, or Illinois may purchase a rifle or shotgun in Indiana. (This provision was enacted in 1983 in response to the federal Gun Control Act, which allowed sales of rifles and shotguns to a nonresident of a contiguous state only if both states enacted laws allowing the sales. However, this contiguous state requirement of the federal law was amended in 1986 so that firearms dealers can sell to residents of any other state if the purchase is legal under federal law and any applicable state laws.)

    I can't find anything in Wisconsin regs that prohibit you from selling the long gun, but there is nothing in there that specifically allows it either.
  • 44pinshooter44pinshooter Member Posts: 1,048 ✭✭✭
    edited November -1
    YES...................

    THANK YOU !!!!!!!

    No one was sure about the repeal.
    I thought we could as we have sold to many out of state folks.
    Heck, 2 years ago, I was in Indiana and saw a H&R Topper in .410, priced right, I wanted to get it for one of my nephews and told the dealer i was from WI, he said no problem, took my DL, I did the 4473, paid the man and that was that.

    So, thank you both again, for the help.

    H.C.Hawk
  • jptatumjptatum Member Posts: 1,911 ✭✭✭✭✭
    edited November -1
    In the past I have bought 3 rifles from gun shops in WI while I was in WI. The last time must have been about 10 years ago.
  • sandwarriorsandwarrior Member Posts: 5,453 ✭✭✭
    edited November -1
    quote:Originally posted by mark christian
    The Indiana preemption allowing sales only their contiguous state was repealed in 2011 under P.L.60-2011, SEC.2 so he can buy a long gun from you:

    Repeals a provision that states: (1) a resident of Indiana may purchase a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois; and (2) a resident of Ohio, Kentucky, Michigan, or Illinois may purchase a rifle or shotgun in Indiana. (This provision was enacted in 1983 in response to the federal Gun Control Act, which allowed sales of rifles and shotguns to a nonresident of a contiguous state only if both states enacted laws allowing the sales. However, this contiguous state requirement of the federal law was amended in 1986 so that firearms dealers can sell to residents of any other state if the purchase is legal under federal law and any applicable state laws.)

    I can't find anything in Wisconsin regs that prohibit you from selling the long gun, but there is nothing in there that specifically allows it either.


    FTF with a FFl in WI, selling a long gun is GTG! I have done it no problem as a Minnesota resident. The only people with a problem (contiguous state thing) in the upper mid-west there is Illinois.
  • Jim RehmJim Rehm Member Posts: 102 ✭✭
    edited November -1
    Wisconsin has not repealed Wis Act 60, Chapter 175.30 which only allows long gun sales to residents of a contiguous states. As such an Indiana resident can not purchase a long gun in Wisconsin. Also Wisconsin residents can only purchase long guns in a contiguous state. Wisconsin Act 60, Chapter 175.30 was the result of the state incorporating the provision of the Federal Gun Control Act of 1968 into State statutes. When this part of the Federal statute was repealed it was incumbent on states that had codified this statute to repeal their law. Wisconsin never did this.
  • drobsdrobs Member Posts: 22,527 ✭✭✭✭
    edited November -1
    Any exemption for a out of stater with a valid out of state WI hunting license? Illinois has that exemption.
Sign In or Register to comment.