Question about handgun transfer

[ed7232004]

I have a question for u guys please help. I m a Texas chl holder . Can my uncle ( louisanna chl holder) transfer or sell his guns to me ? Do I need any paper work or anything ? Is it legal? Thanks guys by the way it is a handgun

[seamusTX]

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

[tb7475]

If your uncle lives within the state of Texas and he can send the firearm direct to you by using UPS or Fedex (I believe they want it to be over night) but not USPS unless you are FFL holder but if your uncle lives in other state then it will be like the other gentleman said,it needs to go from FFL to FFL.That means the whole process include service fee and back ground check.

[saj111]

would it be against any laws to just go to louisiana and pick it up and bring it home?

[Keith B]

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.

[chabouk]

You've gotten the correct answers, and we all agree that the law is both stupid and widely ignored. The consequences are serious, though. Saving that $50-75 on shipping and a transfer fee can cost you a whole heckuva lot more if things go haywire.

Because I'm sure someone will either ask, or is wondering: it doesn't matter if it's a purchase or a gift. It's a transfer, and federal law doesn't care if money changes hands.

The only exception is if the guns are inherited upon death, you're free to take them back interstate without going through an FFL.

[seamusTX]

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

[ed7232004]

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 .
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? Thanks guys

[seamusTX]

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

[wgoforth]

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? I thought on the classified section here that is why many want to do ftf to avoid FFL I thought (along with expense of shipping).

[seamusTX]

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

[Hoosier Daddy]

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

My experience with in-state sales is different, but maybe there's a Texas law prohibiting private sales. I don't think they covered that in the CHL class.

[seamusTX]

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

[ed7232004]

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

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??

[seamusTX]

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