TexasCHLforum.com

JNMAR wrote:When you say "legally transfer" are you speaking of a sale?

No.

Federal law specifically uses the word transfer. They cleverly made it illegal to pretend to give a gift when it is really illicit gun-running.

The same language also made interstate gifts illegal. Whether that was inadvertent or not, I don't know. I wasn't paying attention in 1968.

- Jim

To legally transfer a handgun to a resident of another state, you either have to go through an FFL in that state or take the very inconvenient route of dying and leaving the weapon to the other person in your will.

Long guns also have to go through an FFL, but the transfer can take place in any state.

- Jim

gigag04 wrote:Wonder if Texas common property law comes into play with this.

It's a mixed bag.

Community property is mostly relevant to divorce and ownership of real estate, maybe bankruptcy. The feds recognize it when they want to and refuse to recognize it when they don't want to.

- Jim

Thanks.

Some unlicensed individuals are cautious about selling to strangers. I can't blame them. I wouldn't do it. Who wants to sell something to someone and find the cops on their doorstep a month later because it was used in a robbery or murder?

- Jim

It depends upon whether the seller has an FFL or not.

A licensee is supposed to watch out for straw sales and other falsification.

An unlicensed individual has to avoid knowingly selling to a prohibited person, but is not required to perform anything like a background check (Texas PC 46.06).

IANAL, etc.

- Jim

A spouse buying a firearm for the other spouse who is not a "prohibited person" is certainly not a straw purchase according to the intent of the law. I have bought all of my wife's growing assortment to avoid the typical gun store condescension and barnyard waste.

However, what you described falls into a gray area in terms of the wording.

BATFE used to have an online FAQ that stated that buying a firearm as a gift for a relative was not a violation of federal law. I can't find that particular item now.

(The FAQ is here: http://www.atf.gov/firearms/faq/" onclick="window.open(this.href);return false;)

This document discusses straw purchases on page 165: http://www.atf.gov/publications/downloa ... 5300-4.pdf" onclick="window.open(this.href);return false;

If the seller is not comfortable completing the sale on his terms, you're probably not going to persuade him to do otherwise.

- Jim