TexasCHLforum.com

ed7232004 wrote: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

I don't know. You can read the law, talk to an attorney if you want, do what you think is right.

- Jim

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

Hoosier Daddy wrote:My experience with in-state sales is different, but maybe there's a Texas law prohibiting private sales.

It is legal for one Texas resident to sell a firearm to another Texas resident (over the age of 17 and sober) face-to-face without going through an FFL or doing any other paperwork.

I said that no common carrier will accept a firearm from an unlicensed (non-FFL) person for delivery to another unlicensed person. I stand by that statement, unless one of the common carriers has changed its policy in the past month or so.

- Jim

wgoforth wrote:

tb7475 wrote:If your uncle lives within the state of Texas and he can send the firearm direct to you by using UPS or Fedex

Is this correct?

No, but since it is not relevant to this thread, I did not feel compelled to say anything earlier.

No common carrier will accept a firearm from an unlicensed (non-FFL) person for delivery to another unlicensed person.

- Jim

ed7232004 wrote:So no matter what we will still have to get ffl involved in order to be a legal transfer? Ok.. What about the other way around that I want to transfer my guns to him? I m visiting in LA but with a Texas ID.

The recipient of a handgun has to receive it in the state where he resides. If it's coming from another state, it must be transferred through an FFL.

And why the ffl here in LA tells me we can do whatever we want with the guns.. No need ffl involved in private sells?

I don't know why he would say that.

You could ask him why he thinks 18 U.S.C. 922(a)(3) does not apply to the situations that you are talking about. (It does apply.)

- Jim

chabouk wrote:You've gotten the correct answers, and we all agree that the law is both stupid and widely ignored.

It is annoying for law-abiding citizens, but this law is the basis for prosecuting interstate gun-running.

One could argue either case: (1) The U.S. government has a legitimate interest in stopping the supply of firearms to criminals in places like Chicago and Washington, D.C. (2) The law is useless, because criminals in those places seem to get all the weapons that they want.

- Jim

Your uncle would have to send or carry the handgun to a Texas FFL, where you would fill out a Form 4473 and receive it. Because you have a CHL, no NICS check is required.

It is a federal felony to transfer firearms between non-FFLs across state lines (with one exception that does not apply to your situation).

That doesn't mean people don't do it and get away with it, but you should make an informed decision.

You can get official (but sometimes hard-to-understand) answers to questions like this here: http://www.atf.gov/firearms/faq/unlicensed-persons.html" onclick="window.open(this.href);return false;

- Jim