FtF transfer in Texas

[MudPuppy]

Sorry if this has been asked and answered (I'm on my way out the door and trying to help a buddy).

I have a rifle I want to sell to a co-worker that is a resident of another state (VA). He owns a house there and maintains his residency. But he has had a job here in texas for 18 months or better.

He has no criminal record. He's over 21.

Am I legal to sell this to him? (If not, can it go through a local ffl? or does it need to go to his homestate ffl? Or are we just flat out infringed?)

TIA!

 

[CentralTexas]

He has met residency requirement if he has been here 18 months, has he a Texas drivers license though? Sounds like he has moved here and just happens to own a house in another state.If so it should be fine.
No TX DL though is a problem
CT

 

[MudPuppy]

Gotcha--thanks a ton.

 

[pcf]

There's a guy on this board located in Austin, a board member, that advertises $5.50 FFL transfers in his signature line. CYA, find the guy and do the transfer through him.

EDITED: here you go http://thehighroad.org/showthread.php?t=121877

 

[CleverNickname]

CYA, find the guy and do the transfer through him.

Assuming MudPuppy's friend is legally a Virginia resident, then a Texas FFL won't be able to transfer the gun to him. MudPuppy would have to mail the gun to an FFL in Virginia, and his friend would have to pick up the gun next time he's in Virginia.

It sounds to me like the friend is a Texas resident though.

 

[wdlsguy]

Assuming MudPuppy's friend is legally a Virginia resident, then a Texas FFL won't be able to transfer the gun to him.

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A: A person may only buy a firearm within the person's own state, except that he or she may buy a rifle or shotgun, in person, at a licensee's premises in any state, provided the sale complies with state laws applicable in the state of sale and the state where the purchaser resides. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

http://www.atf.gov/firearms/faq/faq2.htm#b2

 

[pcf]

Assuming MudPuppy's friend is legally a Virginia resident, then a Texas FFL won't be able to transfer the gun to him. MudPuppy would have to mail the gun to an FFL in Virginia, and his friend would have to pick up the gun next time he's in Virginia.

It sounds to me like the friend is a Texas resident though.

Mud Puppy's friend does not have to be a Texas Resident to Purchase a long gun in the state of Texas. As long as he (the friend) is not a prohibited person or violating any laws in his place of residence. Going through a FFL is a CYA provision if he has any doubts.

 

[Brad Johnson]

If he has a Texas DL and has maintained, and lived in, a Texas residence for 18 months, methinks he meets the requirements for dual residency. In that case he falls under the provision allowing for individuals with dual-residency status to buy or sell a firearm intrastate (within the same state) without processing the transaction through an FFL.

See items B12 and B13 - http://www.atf.gov/firearms/faq/faq2.htm#b11

Summarized, it says that a person has dual-residency status if they maintain a home in two states and RESIDES in both states for certain periods of the year. Simply owning property in another state does not meet the criteria, but as long as the individual "maintains a home" there, they may purchase the firearm during their time of residency. As I read it, there is no restriction on what a "home" is as long as you actually live there (i.e. - a rented apartment vs. a purchased home).

From the BATF(E) page -

Q. What constitutes residency in a state?

A. The state of residence is the state in which an individual is present with the intention of making a home in that state.

Note that it doesn't say "own property" it simply says "make a home" which, to me at least, implies that you have a domicile owned or rented for the purpose of living there during a specified period of time over the course of several years. If someone rented a place and lived there one day a month, a good case could be made that he/she was doing so to skirt the law. But in a situation where the person has lived there 24/7 for 18 continuous months AND has a DL from that state, I see there being no question about the residency requirement being met.

If your buddy does NOT have a TX driver's license then I would not tempt fate. Run it through an FFL. Also, your buddy may want to go ahead and get a TX DL. I seem to remember a TX state provision that says if you are moving here with the intention of staying for more than a specified period of time (30 days rings a bell) that you are required to get a TX DL.

I'm not a lawyer. This is all speculation on my part so YMMV

Brad