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by Keith B
Fri Feb 26, 2010 10:35 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Question about handgun transfer
Replies: 32
Views: 4802

Re: Question about handgun transfer

ed7232004 wrote:
seamusTX wrote:
ed7232004 wrote:ok here is the tricky part. Is it legal for one Texas resident to sell the firearms to another STATE resident face to face without going thru ffl or doing anyother paper work??
I'm not sure what you are asking.

It is legal for one Texas resident to sell a firearm to another Texas resident with no FFL (with the provisions that I stated earlier).

It is also legal for two residents of Louisiana, Oklahoma, etc., to have a face-to-face transaction with no FFL. Only a few states require private transfers to go through a dealer (Illinois and California, to my knowledge).

It is illegal for residents of different states to transfer firearms without going through a dealer.

- Jim
so far there are 5 ffls telling me that selling from state to state ,face to face private sells are legal. ? Including Texas and louisanna ffls. Why is it so different than what I hear on the forum? Thanks again
OK, those guys are WRONG. Here are the FAQ's from the BATF at http://www.atf.gov/firearms/faq/unlicensed-persons.html" onclick="window.open(this.href);return false;
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Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

Q: May an unlicensed person obtain ammunition from an out-of-State source?
Yes, provided he or she is not a person prohibited from possessing or receiving ammunition.

[18 U.S.C. 922(g) and (n)]
by Keith B
Fri Feb 26, 2010 8:42 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Question about handgun transfer
Replies: 32
Views: 4802

Re: Question about handgun transfer

saj111 wrote:would it be against any laws to just go to louisiana and pick it up and bring it home?
Yes it would be illegal. You cannot transfer ownership of a handgun across state lines in any manner without going through an FFL on the receiving end. So, the Uncle may ship the handgun to an FFL in Texas, or bring it to that FFL in Texas and then do the transfer to the nephew, but without a Texas FFL involved it is illegal.

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