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Oldgringo

jlb27537 wrote:OK, let me clear things.

The gun in question is a pistol. NOT a long gun.
He is in Texas, but he is a resident of Indiana and has a CHL from Indiana.
There is no shipping involved.
This would be a FTF sale.
The issue is....I, as a Texas resident would be selling a pistol to a Indiana Resident, both being in Texas at the time of the sale.

I read on the net, that I can only sell to another resident of Texas, since I am a resident of Texas. The FTF sale to a non Texas resident would require it to be sent to a FFL in Indiana, since that is where the buyer is a resident.

Any thoughts, guys. He really wants to buy this pistol, but I do not want to risk my CHL. I read that in a will or such this does not apply. I can not just give it to him since he is a friend, not a relative.
Thanks, Jim

Don't ask, don't tell.

Oldgringo

grumble wrote:
jlb27537 wrote:Hello Group,
A friend of mine is wanting to buy one of my guns. What do I need to get from him?
He is a resident of Indiana with a Concealed Carry Permit from Indiana.
I am in Texas, he is in Texas.
Can I legally sell to him? Since he is not a Texas resident.
Thanks
Jim

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60" onclick="window.open(this.href);return false;

Scroll down a screen or two the the section "Acquiring Firearms" and subsection "Sales Between Individuals"; It says, and I quote:

"An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence."

IANAL; however, I believe the operative word in the above paragraph is "transfering". One must go through a FFL if the firearm is transferred (sold) across state lines. That's my story and I'm sticking to it.

Oldgringo

bizarrenormality wrote:Unlike concealed carry on government property, or building a machine gun in your garage, or growing marijuana in your backyard for personal use, commerce between states is mentioned in the constitution as something the government can regulate.

From Merriam Webster on-line:

Main Entry: 1com·merce
Pronunciation: \ˈkä-(ˌ)mərs\
Function: noun
Etymology: Middle French, from Latin commercium, from com- + merc-, merx merchandise
Date: 1537
1 : social intercourse : interchange of ideas, opinions, or sentiments
2 : the exchange or buying and selling of commodities on a large scale involving transportation from place to place
3 : sexual intercourse

I fail to see where the private sale/exchange of a firearm between private citizens meets any of the above definitions of "commerce".

Oldgringo

This is a subject that has been broached previously.

I'm still not convinced that it's anybody's business who I sell my personal guns to anymore than it's anybody's business if I trade a handgun for another handgun...as long as the weapons are legal weapons and the transactions are personal. For instance, my brother, who lives in another state, sold me a pistol while visiting in this state a couple of years ago. Folk, that ain't nobody's business but mine and Bob's.

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