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seamusTX

You can find FFLs who are willing to do out-of-state transfers on http://www.auctionarms.com/help/fflnetwork.cfm" onclick="window.open(this.href);return false;

You might have to register to get to that page.

- Jim

seamusTX

It is my understand that all interstate transfers of firearms (other than antiques or inheritances) require the cooperation of an FFL. In the case of handguns, it must be in the recipient's state of residence.

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

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 [FFL or C&R] 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]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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]

http://www.atf.gov/firearms/faq/faq2.htm#b1" onclick="window.open(this.href);return false;

Although this FAQ uses the word sell, the underlying law uses the term transfer, which applies to gifts as well as sales.

It's also my understanding that such a transfer is an offense for both parties.

As usual, IANAL.

- Jim

seamusTX

Not in Texas.

If you buy a new firearm from an FFL and then sell it to an individual, and the firearm subsequently comes to the attention of the authorities, they will be able to trace it to you. However, if your account of selling it seems credible, that will be the end of the matter.

There are some states where private sales must go through FFLs.

- Jim

seamusTX

There are a couple of other methods that will alleviate any anxiety you might have:

Give the piece to an FFL to sell on consignment. FFL's generally take a 15% commission from the selling price; but they might get a higher price than you could, because that's their business.
Sell it on http://www.auctionarms.com/" onclick="window.open(this.href);return false;. You probably will get a lower price, but you will also have the assurance of the transfer going through an FFL.

Another advantage of these methods is that the seller does not know where you live. I don't know if you've ever sold something like a car person-to-person. Sometimes the buyer comes back with complaints.

One caution about consignment sales: The FFL occasionally goes out of business and your piece disappears. I've actually heard of it happening, but it's rare.

The conditions required for a face-to-face sale in Texas are the the buyer is a resident of Texas, 18 or older, sober, and not known to you to be a felon or criminal.

The last condition is different from saying that you must verify that the seller is not a felon. That is the duty of an FFL, but not an unlicensed citizen.

- Jim
[Edited to correct typo]

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