FTF in texas. FFL required?

[T-Ray]

In texas, can you do a ftf transaction of a firearm and just swap money and gun and be on your way, or do you have to use an ffl to transfer it?

 

[3pairs12]

if you are both residents it is okay. you do need to ask if the the other party is legal citizen and legally allowed to own firearms.

 

[T-Ray]

so like driver's license, green card if applicable, how do you tell if they can own one legally?

 

[cdrt]

Ask them if they have a CHL. That would show they passed a background check.

 

[Art Eatman]

T-Ray, unless for some reason you think the would-be buyer is hinky, you don't need to worry about a person-to-person sale. And, he has some privacy rights, particularly if you've advertised the firearm in some publication.

It's reasonable and wise to get ID and keep a copy of a receipt, but it's not required by law.

 

[T-Ray]

i was really just wondering cause i might be on the buying end of it, but thanks for the great info so far.

if someone from out of state flew it in to texas for a deal, would you have to use an ffl? I've read that from state to state you have to have an ffl and ya'll are saying if you are both residents its ok. I'm lookin at a gun and the owner says he travels a lot so he might be able to bring it into state.

 

[nalioth]

if someone from out of state flew it in to texas for a deal, would you have to use an ffl? I've read that from state to state you have to have an ffl and ya'll are saying if you are both residents its ok. I'm lookin at a gun and the owner says he travels a lot so he might be able to bring it into state.

To stay legal, the person would need to accompany you to your FFL and turn the firearm over to him to transfer to you.

 

[T-Ray]

ok, i guess if i end up buying and he comes here we'll meet at an ffl. lol thanks

 

[3pairs12]

it depends if they are from a connecting state and its a long gun than no hand gun or state that border does not touch than yes ffl is required.

 

[CleverNickname]

it depends if they are from a connecting state and its a long gun than no hand gun or state that border does not touch than yes ffl is required.

No. If neither party is an FFL, then both must be a resident of the same state. Adjoining states don't matter. The type of gun doesn't matter.

The adjoining state thing was that FFLs used to only be able to sell long arms to residents of their state and adjoining states. Now they can sell to residents of any state. But that's only for FFLs and not private sales.

 

[T-Ray]

k thanks for the info guys

 

[nalioth]

The adjoining state thing was that FFLs used to only be able to sell long arms to residents of their state and adjoining states. Now they can sell to residents of any state.

This is incorrect.

FFL holders can still only sell long guns to folks from contiguous states (when legal in both states) and handguns to folks in their own state.

 

[Art Eatman]

BATFE regs are stickied at the top of the forum's main page.

 

[CleverNickname]

This is incorrect.

No, I'm correct. Read 18 USC 922 (b)(3)(A):

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

...

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States)

Some states still have laws making out-of-state sales & purchases to/from FFLs only legal to contiguous states, but it's not federal law.