Texas State Lines & Long Guns

[Art Eatman]

Brother needs to be aware of the BATFE regulations which are STILL stickied at the top of the Legal Forum page.

 

[NavyLCDR]

Gifting a long gun across a state line to a family member = ??

Family member or not, it does not matter. Gift or sale/purchase, it does not matter. Across a state line, it has to be done through an FFL. Long guns can generally be done at an FFL in either the giver/seller's state or the recipient's state. Handguns must be done at an FFL in the recipient's state.

 

[TexasRifleman]

Out of state long gun purchases through FFL dealers = Okay
Out of state long gun purchases FTF private sales = Not Okay

Yep. All the law I referenced above assumes the transferring entity is a "licensee".

 

[SciFiJim]

Ok, flipping this around. I don't live in Texas but will be visiting family there this summer. Can I purchase a rifle there and then register (hate that word) it with my FFL when I get home? I live in CA and would make sure the rifle was CA legal before bringing it back in the state. Or would I have to pay for shipping FFL to FFL?

 

[Ed Ames]

If you could get anyone to work with you it would be FFL to FFL.

CA has a waiting period and special background check and fed law says state law must be obeyed. No TX dealer will do that stuff so no in-state. Most dealers will tell you to move.

 

[nalioth]

Or would I have to pay for shipping FFL to FFL?

Bingo.

You could pay the local gun shop for the item, and then pay them to ship it to your local dealer in CA.

You can then start the DROS dance when you get back there.

 

[TexasRifleman]

I live in CA and would make sure the rifle was CA legal before bringing it back in the state. Or would I have to pay for shipping FFL to FFL?

Won't work, it's against California law, therefore it's against Federal law.

BOTH states, the state of the licensee and the state of the purchaser, must permit interstate sales. California does not.

 

[SciFiJim]

Tex,
Can you point me to where it says it's illegal in California? I have looked all over the California Bureau of Firearms website and can not find anything about out of state purchase. In fact my handgun was purchased from Virginia on gunbroker.com. It was shipped from an individual to my local FFL, who then registered it with the state in my name. I am not trying to be a smartass. I am trying to find out how to do what I want and stay inside the law at the same time.

 

[NavyLCDR]

Tex,
Can you point me to where it says it's illegal in California? I have looked all over the California Bureau of Firearms website and can not find anything about out of state purchase. In fact my handgun was purchased from Virginia on gunbroker.com. It was shipped from an individual to my local FFL, who then registered it with the state in my name. I am not trying to be a smartass. I am trying to find out how to do what I want and stay inside the law at the same time.

Out of state sales to Californians are NOT illegal, according to California law if the sale goes through a California FFL (and section 14 below appears to allow long gun sales by out of state FFLs to California residents):

Article 4. Licenses to Sell Firearms

12070. Unlicensed persons; violations; exceptions.

(a) No person shall sell, lease, or transfer firearms
unless he or she has been issued a
license pursuant to Section 12071. Any person
violating this section is guilty of a misdemeanor.

(b) Subdivision (a) does not include any of the
following:

(13) Sales, deliveries, or transfers of firearms
by persons who reside outside this state to persons
licensed pursuant to Section 12071, if the
sale, delivery, or transfer is in accordance with
Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code, and the regulations
issued pursuant thereto.

(14) Sales, deliveries, or transfers of firearms
by persons who reside outside this state and are
licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto
to dealers, if the sale, delivery, or transfer is in
accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto.

(the phrase "pursuant thereto to dealers" seems to reference the regulations issued to dealers and does not mean sales to dealers).

 

[Dokkalfar]

yes, CA has pretty bad rules concerning firearms... even worse than texas' current mess of non-contiguous states

Last time I looked, Texas was just a step away from New Mexico.

lol last time i checked, El Paso was closer to LA than El Paso is to Texarkana

 

[TranquilMarzipan]

"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.
So, while you may be correct that the law does not expressly forbid purchases from non-contiguous states, sales are being denied with the current law in place, so the end result is the same."

"contiguous" means of the 48 continental United States... not simply a bordering state.

 

[CoRoMo]

This is the first time any thread of mine has been dug up. Cool!

What a difference a year makes. Turns out my brother is full of it, but a number of guys here clarified the Texas statute well enough.

Welcome to THR!

 

[TexasRifleman]

This is the first time any thread of mine has been dug up. Cool!

Congratulations! LOL

 

[NavyLCDR]

"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.
So, while you may be correct that the law does not expressly forbid purchases from non-contiguous states, sales are being denied with the current law in place, so the end result is the same."

"contiguous" means of the 48 continental United States... not simply a bordering state.

That Texas law is completely moot, null, void and meaningless. For a history of that law and what it means today (which is absolutely nothing), I would direct your attention to the August, 2004 ATF Newsletter to FFL's:

http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf