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Industry Circular

Number: 70-29
Date: October 23, 1970

Department of the Treasury
Internal Revenue Service
Alcohol, Tobacco, and Firearms Division
Washington, D.C. 20224

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Contiguous State Enabling Legislation

Firearms Licensees Under Title 18, United States Code, Chapter 44 and Others Concerned:

Purpose. The purpose of this circular is to notify firearms licensees of additional States which have

enacted Contiguous State Enabling Legislation relevant to Title 18 U.S.C., Chapter 44. Background. Publication 603(Rev. 11-69) listed 26 States which had laws specifically permitting contiguous State purchases of firearms by their residents. These States are: Alabama, Arkansas, Colorado, Georgia, Idaho, Iowa, Maine, Maryland, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, and Wyoming.

Industry Circular 70-4, dated January 19, 1970, added California, Michigan and Mississippi to this list of States. Additions to State Law, Pub. 603(Rev. 11-69) States enacting Contiguous State Enabling Legislalation since January, 1970

1. Delaware State Law-Continued Delaware Code Ann. Title 28

§ 802. Lawful Acts. It shall be lawful for a person residing in this State (including a corporation or other business entity maintaining a place of business in this State) to purchase or otherwise obtain a rifle or shotgun in a State contiguous to this State and to receive or transport such rifle or shotgun into this State, subject however, to such other laws of the State or its political subdivision as may be applicable and subject to the provisions of Section 102 of the Gun Control Act of 1968, Public Law 90618, 18 U.S.C. Section 921 et seq.

2. Kansas State Law-Continued Senate Bill No. 565, approved March 17, 1970. Section 3. It is hereby declared to be lawful for a resident of this State to purchase or receive delivery of a rifle or shotgun in a State contiguous to this

5. Virginia State Law-Continued Va. Code Ann. Title 59 § 59.1-148.1. Purchase of firearms in contiguous State Any resident of the Commonwealth of Virginia, including a corporation or other business entity maintaining a place of business in this State, who may lawfully purchase and receive delivery of a rifle or shotgun in this State, may purchase a rifle or shotgun in a contiguous State and transport or receive the same into the Commonwealth of Virginia provided the sale meets the lawful requirements of each such State, meets all lawful requirements of any federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector. (1970, c. 200.)

6. Washington State Law-Continued Wash. Rev. Code Ann. Title 19

State, subject to the following restrictions and requirements:

(a) The sale must fully comply with the legal conditions of sale in both such States; and

(b) Prior to the sale or delivery for sale of the rifle or shotgun, the purchaser and the licensee must have complied with all of the requirements of section 922(c) of the federal gun control act of 1968, applicable to interstate transactions other than at the licensee's business premises.

3. Kentucky State Law-Continued Kentucky Acts of General Assembly, 1970, Chap. 27, p. 101.

Section 2. A new section of Chapter 237 of the Kentucky Revised Statutes is created to read as follows:

(1) Residents of the Commonwealth of Kentucky shall have the right to purchase rifles, shotguns, and any other firearms which they are permitted to purchase under federal law from properly licensed dealers, manufacturers, importers, or collectors located in States contiguous to the Commonwealth of Kentucky.

(2) All such sales shall conform to the requirements of federal law, the Kentucky Revised Statutes, applicable local ordinances, and the law of the purchaser's State.

4. Louisiana State Law-Continued La. Stats. Ann. R.S. Title 40

§ 1803. Purchase of rifle or shotgun or ammunition It shall be lawful for any person residing in this State, including any corporation or other business entity maintaining a place of business in this State, to purchase or otherwise obtain a rifle or shotgun or ammunition in any State which is contiguous to this State and to receive or transport such rifle or shotgun or ammunition into this State. . . .

19.70.010 Out-of-State purchasing authorized.

Residents of Washington may purchase rifles and shotguns in a State other than Washington:

Provided, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States Secretary of the Treasury: And provided further, That such residents are eligible to purchase or possess such weapons in Washington and in the State in which such purchase is made.

[1970 1st ex.s. c. 74 § 1]

Rex Davis

Rex D. Davis,

Acting Director

Alcohol, Tobacco and Firearms Division

Insert this Circular in "Published Ordinances-Firearms", Publication 603(Rev. 11-69)

 
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