Texas Senate OK's 50 state gun purchases

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surprise_i'm_armed
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Texas Senate OK's 50 state gun purchases

Post by surprise_i'm_armed »

From the Dallas Morning News, 4/24/09.
"The Senate voted unanimously Thursday to let state residents purchase
firearms, ammunition, and accessories in all 50 states.

Current state law prohibits Texans from buying guns or ammunition anywhere
but Texas and its four neighboring states. Senator Craig Estes, R-Wichita Falls,
said the state ban on firearm purchases in 45 states was enacted when the Federal
Gun Control Act prohibited residents in any state from buying guns in non-contiguous
states.

Federal law has since been altered to allow interstate purchases except those precluded
by law. The state law has prevented the FBI and ATF from approving otherwise lawful
sales of firearms to Texans, said sponsors of the bill. The measure now goes to the <Texas>
House."
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Re: Texas Senate OK's 50 state gun purchases

Post by Greybeard »

That is good news.

I hope it sets the tone for both the House and the Senate getting their acts together pronto on the two biggies still pending: Parking Lots and Campus Carry.
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Re: Texas Senate OK's 50 state gun purchases

Post by AEA »

I don't see how this is going to change anything.

It is the responsibility of the FFL in the State in question to sell to you or not based on your ID. I find it hard to believe that an FFL in another (AZ for example) is going to sell to a Texas resident based on a Texas law that says he is supposed to when he knows he cannot sell to other states residents.

I am assuming this has to do with face to face deals...... :???:

Obviously, I am missing something here??? :confused5 :confused5 :confused5
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Re: Texas Senate OK's 50 state gun purchases

Post by seamusTX »

It is currently legal under federal law for any person to buy a long gun in a face-to-face sale in any state (with the usual caveats). The problem was that the FBI would not approve purchases through NICS for Texas residents, except in contiguous states. Their reason for that was a bone-headed interpretation of PC §46.07.

This bill will eliminate that problem.

For a period in the past (which I am too lazy to look up, but it may have been 1969-1987), it was legal to buy long guns only in contiguous states if the resident's home state allowed such sales. That is why we have PC §46.07 as it is now.

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Re: Texas Senate OK's 50 state gun purchases

Post by CWOOD »

In the original post the Dallas Morning News indicated that it was currently illegal to buy ammunition outside of the contiguous states. This is obviously false information being reported as evidenced by the flourishing internet sales of ammo. More main-stream media mis-info.

My question is, if this bill becomes law, will we be able to purchase long guns interstate, by mail or internet, without the use of a local FFL to receive them? Could the NICS check be done by a sending FFL rather than a local one? Or is this only for in-person transactions?
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Re: Texas Senate OK's 50 state gun purchases

Post by seamusTX »

From 1969 to 1987 (again, IIRC) only FFLs could sell ammunition, and only to residents of the state where they were located. Also, some states do not allow the kind of anonymous ammo purchases that we enjoy in Texas.

The author of that article probably got some outdated or irrelevant information somewhere. Google is your friend, but not always.

Interstate shipments of firearms (as opposed to face-to-face sales) will still require an FFL on the receiving end. That is federal law, and it probably never will change.

- Jim
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Re: Texas Senate OK's 50 state gun purchases

Post by CWOOD »

Thanks Jim.

About what I suspected.

Always good to hear from you.

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Re: Texas Senate OK's 50 state gun purchases

Post by AEA »

Thanks Jim and good questions Carl! :tiphat:
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Re: Texas Senate OK's 50 state gun purchases

Post by seamusTX »

You're welcome. Remember, I'm not a lawyer; and this bill hasn't gotten through the house yet. It could get killed by the clock even if no one is against it.

- Jim
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