Can I sell it to him?

[skeezix]

I am a non-FFL Texas resident. Does federal law prohibit me selling a handgun to a non-FFL resident of another state who comes to Texas to buy that handgun?

 

[Nickotym]

Quick answer:

The quick answer is yes you are prohibited by federal law from doing a face to face transfer to a resident of another state. FTF to resident of your own state is fine in most states, but transfer to resident of another state must be done through an FFL in the buyer's home state.


I am sure someone will come along and quote the applicable law if you aren't satisfied with my answer.

 

[skeezix]

Satisfied

Nickotym,
Thanks for your response - that is what I thought the answer would be - I just wanted to make sure. And I am 100% satisfied.

 

[Carl N. Brown]

My understanding of the law is same as nickotym's.

 

[Dave Markowitz]

Firearms transfers between residents of two different states must be handled through an FFL.

 

[neoncowboy]

Of course, it is somewhat noteworthy to mention that unless the non-ffl out of state resident you are selling to is an ATF informant...there's no way anybody'll ever know.

 

[SIOP]

Of course, it is somewhat noteworthy to mention that unless the non-ffl out of state resident you are selling to is an ATF informant...there's no way anybody'll ever know.

Unless the guy commits a crime with it and the cops trace it. Or gets in a car wreck and the cops find it in his car and trace it. Or gets pulled over for something and the cops find it and trace it. Or it gets stolen from his house and he reports it to the cops and they trace it. Or it gets stolen from his house and used in a crime and the cops trace it. Or the guy tells his buddies at work about it and one of them has a brother-in-law that works for the ATF. Or he posts on the internet that he is going to do this deal.

 

[whm1974]

Or the guy tells his buddies at work about it and one of them has a brother-in-law that works for the ATF. Or he posts on the internet that he is going to do this deal.

I wonder how many people are in prison because they didn't keep thier mouth shut.

-Bill

 

[neoncowboy]

I have several guns that were sold to someone once at a dealer and have changed hands since then through individual to individual sales.

My guess is that a 'trace' would turn up the original purchaser's name. Who owned it between them and me is anyone's guess.

 

[buzz_knox]

My guess is that a 'trace' would turn up the original purchaser's name. Who owned it between them and me is anyone's guess.

Not really. The serial number trace leads to the original purchaser. The original purchaser had better have an explanation as to who he/she sold it to, or why it isn't otherwise in their possession. If not, they get a hard look at. Unless the weapon was actually stolen somewhere between you and them, it's not really that hard to get from the factory to you. Just takes time. And if "your" gun now has a body on it, you'd better have an explanation for why it's no longer "your" gun.

I don't sell to people I don't know or I can't trace myself.

 

[Robert J McElwain]

Are you absolutely certain that the buyer lives out-of-State? Do you have documentary proof?

Bob

 

[buzz_knox]

I think you're reversing the issue. The burden is on the seller to comply with federal law, so he must be reasonably certain the buyer lives within the state.