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How to complete a FTF Transaction?
Posted: Thu Sep 13, 2007 8:43 am
by lawrnk
I've never sold FTF. Do any rules exist? Laws or requirements? Any suggestions for a smooth and safe transaction?
Posted: Thu Sep 13, 2007 8:49 am
by seamusTX
Legally, in Texas, you can sell a firearm to anyone who is 18 or older, sober, and you do not know is prohibted from owning firearms. You can sell a handgun only to another resident of Texas.
No paperwork is required. However, many people want a receipt or write down the name of the other party. Some people will sell only to CHL holders.
- Jim
Posted: Thu Sep 13, 2007 9:54 am
by lawrnk
Thanks for that info. What about a safe place to do the transaction, check out the firearm without others seeing, etc..?
Posted: Thu Sep 13, 2007 9:56 am
by Longtooths
Meet each other at the local range.
Posted: Thu Sep 13, 2007 9:59 am
by seamusTX
Twice I have met people at the range so that I could shoot before buying. That way there's no question of having an exposed handgun in public, and there are other people around so neither party can pull some hanky-panky.
BTW, if you do that, it's polite to bring your own ammo.
If you can't meet at a range or gun show, I don't know what to recommend.
I wouldn't go to a stranger's home or invite one into mine to buy or sell something. I've had creepy experiences with classified ads in the past.
- Jim
Posted: Thu Sep 13, 2007 10:28 am
by jbirds1210
I prefer the parking lot of a Barnes and Noble.....lots of people, but the parking lot is big enough that you can park at the back of it and not look out of the ordinary. I also find it nice to go in and have a cup of coffee with the buyer/seller if that is your thing.
Posted: Thu Sep 13, 2007 10:39 am
by seamusTX
jbirds1210 wrote:I prefer the parking lot of a Barnes and Noble.....lots of people, but the parking lot is big enough that you can park at the back of it and not look out of the ordinary.
Many malls have security patrols in golf carts or other vehicles, and those guys are going to eyeball something that looks like a drug deal.
- Jim
Posted: Thu Sep 13, 2007 10:50 am
by jbirds1210
seamusTX wrote:jbirds1210 wrote:I prefer the parking lot of a Barnes and Noble.....lots of people, but the parking lot is big enough that you can park at the back of it and not look out of the ordinary.
Many malls have security patrols in golf carts or other vehicles, and those guys are going to eyeball something that looks like a drug deal.
- Jim
Jim-
That has never been my experience and I have met with several people from this forum in that parking lot. I guess it is all about body language. FWIW- I have seen someone smoking crack in the Bennigan's parking lot (Bay Area Blvd.)across the freeway......so maybe a legal gun transaction is the least of that areas worries. The Barnes and Noble shopping center does have a security officer patrolling the parking lot.
Jason
Posted: Thu Sep 13, 2007 10:59 am
by seamusTX
The discount mall on I-45 and Delany Road in La Marque has nosier security. It's possible to get off I-45 and park near the bathroom, which is in one corner of the mall away from the stores. I've done that and had security head over and give me the eyeball.
- Jim
Posted: Thu Sep 13, 2007 4:52 pm
by KBCraig
seamusTX wrote:Legally, in Texas, you can sell a firearm to anyone who is 18 or older, sober, and you do not know is prohibted from owning firearms. You can sell a handgun only to another resident of Texas.
You can only sell
any gun to another resident of Texas. All interstate transfers (other than those bequeathed in wills) must go through an FFL in the recipient's state.
Posted: Thu Sep 13, 2007 4:58 pm
by propellerhead
Longtooths wrote:Meet each other at the local range.
Good idea! Thanks.
Posted: Thu Sep 13, 2007 5:08 pm
by seamusTX
KBCraig wrote:You can only sell any gun to another resident of Texas. All interstate transfers (other than those bequeathed in wills) must go through an FFL in the recipient's state.
We're both part right and part wrong:
http://www.atf.treas.gov/firearms/faq/faq2.htm#b1:
B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.
http://www.atf.treas.gov/firearms/faq/faq2.htm#f2:
F2) May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?
Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.
- Jim
Posted: Fri Sep 14, 2007 12:19 pm
by KBCraig
seamusTX wrote:KBCraig wrote:You can only sell any gun to another resident of Texas. All interstate transfers (other than those bequeathed in wills) must go through an FFL in the recipient's state.
We're both part right and part wrong:
http://www.atf.treas.gov/firearms/faq/faq2.htm#b1:
B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.
Yes, that's the part dealing with non-FFLs: no sales to residents of other states.
The next section allows interstate sales by
licensees; i.e., FFLs. Not CHLs.
http://www.atf.treas.gov/firearms/faq/faq2.htm#f2:
F2) May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?
Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.
- Jim
As I said, it is illegal for a non-FFL to transfer any firearm to a non-FFL who resides in another state. The exception is for disposition of estates.