Out-Of-State Rifle Purchases Online?

[UpTheIrons]

Maybe I'm just dense, but I have a question on out-of-state and online long gun purchases.

HB 267, which (if passed) will allow the purchase of rifles and shotguns in non-contiguous states, brought this up. Is this bill aimed at physical, on-premises purchases in those 45 states only, or does it also include online sales? Can I buy a rifle online today, if it is not located in NM, OK, AR, or LA, since it is sent to an FFL? Or can I only buy long guns located in Texas and 'next door'?

I suspect that online purchases and special orders don't apply, since most of the guns we order are obviously from all over the country, but I'm just a little paranoid.

Excuse me while I go put my tinfoil hat back on.

[seamusTX]

The bill concerns face-to-face sales. You could walk into a gun store in, say, Alaska, and buy a long gun.

It's actually legal to do that now, but the FBI has a bone-headed interpretation of Texas law and won't approve NICS for Texans in non-contiguous states.

It has been legal to have a firearm shipped from out-of-state to your local FFL as long as there have been FFLs.

- Jim

[UpTheIrons]

Thanks, Jim. That's what I thought.

When the NRA-ILA update came that had the House Bill to fix this dumb thing, I had a moment of panic, since I have a Mosin-Nagant on order from J&G.

According to the article I read the Feds would, in principle, allow a sale to Texans in non-contiguous states, but it's a state law that is the problem, hence the fix of HB 267. Is that right? I've been using the search function (it is my friend!) but there's no conclusive answer there on Fed or State government being the hangup.

[apostate]

According to the article I read the Feds would, in principle, allow a sale to Texans in non-contiguous states, but it's a state law that is the problem, hence the fix of HB 267. Is that right? I've been using the search function (it is my friend!) but there's no conclusive answer there on Fed or State government being the hangup.

Federal law does not prohibit people to purchase/receive a long gun from a dealer at the licensed premises if it doesn't violate State laws. Federal law prohibits handgun sales out of state and private sales to/from non-residents.

[seamusTX]

According to the article I read the Feds would, in principle, allow a sale to Texans in non-contiguous states, but it's a state law that is the problem,...

This is the current law:

PC Sec. 46.07. INTERSTATE PURCHASE. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in contiguous states. This authorization is enacted in conformance with Section 922(b)(3)(A), Public Law 90-618, 90th Congress.

The reason that we have this is complicated. IIRC, the Gun Control Act of 1968 prohibited all interstate purchase by unlicensed persons. Later, federal law was changed to allow purchases in contiguous states if state law permitted it. That is why we have this law.

Still later (1986 IIRC), federal law was changed again to allow interstate purchase of long guns regardless of being contiguous or not. At this point, 46.07 became meaningless.

However, the FBI interprets it to mean that Texans can buy long guns only in contiguous states.

It would seem like a slam-dunk to take the FBI to court and get an order for them to quit doing that. I don't know why no one has done it, other than lack of funds. Probably John Ashcroft would have straightened it out, but he was pretty busy early in his term and then became ill.

- JIm

[cedjunior]

Either way, if you buy a gun online, or over the phone, whatever, you take possession of it at your local FFL when the transfer is completed.