Buying a handgun for a relative in another state

[puma guy]

I know this has been discussed before but I can't seem to find the answer. I was in a conversation with my son-in-law's father Bill Saturday wherein he told me he'd bought a S&W 9mm Shield at Academy for his son (my son-in-law) . This was the second time he'd lucked out and I had asked him to be on the lookout another one for my wife, so I asked him to continue to keep an eye out for one. One of his nephews by marriage chided in that he wanted to be the next project for a Shield and he told us how he'd been burglarized and wanted to have a weapon available if they came back. I said I would certainly understand having Bill look for him. He told us a little more about his breakin and said he lived in a good neighborhood. I asked where he lived and it's Kansas City. I then spoke upo to say the pistol would have to go through an FFL in Kansas to be legal. Bill questioned that since it was agift couldn't he just take it home with him. I started second guessing myself, but said I was fairly certain a handgun required a transfer. So the question is ...am I right or wrong?

[SF18C]

So straighten me out... son-in-laws father's nephew by marriage in another state.

Sounds like a boarderline straw purchase to me.

[puma guy]

So straighten me out... son-in-laws father's nephew by marriage in another state.

Sounds like a boarderline straw purchase to me.

I probably provided way too much detail, but they're originally from Arkansas. And yes My first comment was that it could be construed as a straw purchase, but then I thought it had to go through FFL to another state to gift it to him.

[C-dub]

Straw purchase question aside, a handgun, and possibly even a long gun being transferred from one owner to another across state lines requires an FFL. There is the exception of firearms bequeathed via a will, but that doesn't sound like the case here.

I can't even buy a handgun out of the state without having to have it shipped to an FFL here for me to pick up. I can buy a rifle or shotgun out of state and take possession of it there and transport it back to Texas, but not a handgun. It's weird and I don't know why.

[puma guy]

Straw purchase question aside, a handgun, and possibly even a long gun being transferred from one owner to another across state lines requires an FFL. There is the exception of firearms bequeathed via a will, but that doesn't sound like the case here.

I can't even buy a handgun out of the state without having to have it shipped to an FFL here for me to pick up. I can buy a rifle or shotgun out of state and take possession of it there and transport it back to Texas, but not a handgun. It's weird and I don't know why.

Hey, C-dub I read you powdered some birds Saturday. You should put a ruler on the barrel of your SG to allay any fears Elm Fork has about the barrel length still looking for a definitive answer re: handguns. I know you can buy a long gun out of state and bring it back to Texas. You definitely can not purchase a handgun out of state. to bring back, though you can have it shipped to an FFL to do the transfer. I believe you can gift a LG to someone OOS but I could be wrong . Back when the GCA of 1968 came out you couldn't buy any gun out of state. We also had to log in every sale of hand gun cartridges with a DL. That meant any cartridge for which a handgun could be chambered. I dreaded the midnight madness sales when we sold .22 LR for 33 cents. UGH! The limit was two boxes but I knew the guys would just come back several times, so I let them have a brick if they promised not to come back.handguns.

[The Annoyed Man]

....said he lived in a good neighborhood....

See, this is where I begin to lose sympathy for him. If he can afford to live in a good neighborhood, why is he depending on someone else to buy him a relatively inexpensive gun? Plus, if he had previously had this break in, why didn't he run right out and get himself one then?

Maybe I'm misunderstanding, but from reading your account of this, it sounds like the nephew is an opportunist. He sees his uncle helping out your son-in-law, and he's like glomming on with a "hey, where's mine?"

Am I misinterpreting that?

[dawgfishboy]

....said he lived in a good neighborhood....

See, this is where I begin to lose sympathy for him. If he can afford to live in a good neighborhood, why is he depending on someone else to buy him a relatively inexpensive gun? Plus, if he had previously had this break in, why didn't he run right out and get himself one then?

Maybe I'm misunderstanding, but from reading your account of this, it sounds like the nephew is an opportunist. He sees his uncle helping out your son-in-law, and he's like glomming on with a "hey, where's mine?"

Am I misinterpreting that?

It's probably because M&P Shields are fairly hard to come by right now.

[The Annoyed Man]

....said he lived in a good neighborhood....

See, this is where I begin to lose sympathy for him. If he can afford to live in a good neighborhood, why is he depending on someone else to buy him a relatively inexpensive gun? Plus, if he had previously had this break in, why didn't he run right out and get himself one then?

Maybe I'm misunderstanding, but from reading your account of this, it sounds like the nephew is an opportunist. He sees his uncle helping out your son-in-law, and he's like glomming on with a "hey, where's mine?"

Am I misinterpreting that?

It's probably because M&P Shields are fairly hard to come by right now.

Yeah, but this is the part that made me think it:

One of his nephews by marriage chided in that he wanted to be the next project for a Shield and he told us how he'd been burglarized

He wants to be "the next project" go be given a gun. What does the gun's rarity have to do with whether or not he is trying to talk someone else into buying it for him? A Shield is just as rare here as it is anywhere else. So why does he need his uncle in Texas to buy him one here, when it won't be any more easily obtainable here than back in KC.

Again, maybe I'm reading something into it that isn't there.

[Jumping Frog]

I then spoke upo to say the pistol would have to go through an FFL in Kansas to be legal.

Let me give you a direct answer to your question.

Leaving aside the whole, "inherited as part of an estate" side issue, it is perfectly clear: FIREARM TRANSFERS FROM A PRIVATE CITIZEN IN ONE STATE TO A PRIVATE CITIZEN IN ANOTHER STATE ARE ALWAYS ILLEGAL.

That is true for both long guns and hand guns. All interstate firearm transfers must go through an FFL. Note that I used the term "transfer", not "sale". That includes both gifts and sales.

That does not include lending someone a firearm. For example, if an out-of-state friend comes to your hunting lease in Texas and you lend him a hunting rifle, that is not a "transfer".

[puma guy]

....said he lived in a good neighborhood....

See, this is where I begin to lose sympathy for him. If he can afford to live in a good neighborhood, why is he depending on someone else to buy him a relatively inexpensive gun? Plus, if he had previously had this break in, why didn't he run right out and get himself one then?

Maybe I'm misunderstanding, but from reading your account of this, it sounds like the nephew is an opportunist. He sees his uncle helping out your son-in-law, and he's like glomming on with a "hey, where's mine?"

Am I misinterpreting that?

It's probably because M&P Shields are fairly hard to come by right now.

Yeah, but this is the part that made me think it:

One of his nephews by marriage chided in that he wanted to be the next project for a Shield and he told us how he'd been burglarized

He wants to be "the next project" go be given a gun. What does the gun's rarity have to do with whether or not he is trying to talk someone else into buying it for him? A Shield is just as rare here as it is anywhere else. So why does he need his uncle in Texas to buy him one here, when it won't be any more easily obtainable here than back in KC.

Again, maybe I'm reading something into it that isn't there.

I think he asked because Bill has been very lucky able to "find" two in a short period of time. Both are ministers and the family is very close, even the out of towners. The young man wouldn't be trying to circumvent a background check and I don't think he expected to have the weapon given to him with no consideration. I guess i wasn't too clear on that. He chimed in after I mentioned the conversation I'd had with Bill about looking for one for my wife. Since blood is thicker than water I guess he thought he could be the next "project" instead of my wife. Bill makes the early rounds at the Acacdemy store before tending to his flock and ministerial duties I guess. He's a regular at Cabela's as well and when I've gone with him a couple of the guys know him by name.

[puma guy]

I then spoke upo to say the pistol would have to go through an FFL in Kansas to be legal.

Let me give you a direct answer to your question.

Leaving aside the whole, "inherited as part of an estate" side issue, it is perfectly clear: FIREARM TRANSFERS FROM A PRIVATE CITIZEN IN ONE STATE TO A PRIVATE CITIZEN IN ANOTHER STATE ARE ALWAYS ILLEGAL.

That is true for both long guns and hand guns. All interstate firearm transfers must go through an FFL. Note that I used the term "transfer", not "sale". That includes both gifts and sales.

That does not include lending someone a firearm. For example, if an out-of-state friend comes to your hunting lease in Texas and you lend him a hunting rifle, that is not a "transfer".

Jumping Frog, Thanks. I was pretty sure I was correct on handguns but now I'm clear on the whole law regarding OOS transfers.

[OldCannon]

Two options:
1) Buy it for him (gift), send it to an FFL near him with whom has has made prior arrangements. The FFL will transfer it to him once he passes the background check and state laws.
2) The more-sane option: He buys it through GunBroker, online retailer, etc. and transfers it with his local FFL.

Either way: He's going through an FFL.

[tedykman]

Question: I am temporarily living in Texas, from SD for cancer treatment which is taking 6-8 months. I have received my Texas CHL, and I wonder if I can purchase a hand gun in Texas if I become a temporary Texas resident? If yes, how would I go about it? Or is there any possible way to legally purchase a handgun in Texas without being a Texas residence? thanks tom

[Keith B]

Question: I am temporarily living in Texas, from SD for cancer treatment which is taking 6-8 months. I have received my Texas CHL, and I wonder if I can purchase a hand gun in Texas if I become a temporary Texas resident? If yes, how would I go about it? Or is there any possible way to legally purchase a handgun in Texas without being a Texas residence? thanks tom

Welcome to the forum and hope your treatments go well.

You would have to truly establish residency here in Texas to be able to legally purchase a handgun. However, you could have one you own brought to you from SD

[goose]

Reviving a bit of an old thread.

Gun show, private, out of state purchase. Is there a generally accepted method of getting an FFL transfer done? Are there vendors/booths for this and I just haven't paid attention? Is it common that a commercial seller (gun store, etc), assuming they have FFLs on staff, do the transfer? Is it just not done?

I am dreaming of getting back to my old Wanamaker's Gun show in Tulsa. I just wonder if there is a convenient way for me to consider private sales or if I just need to assume they are basically not available.