Legal Question Regarding Buying and Shipping Firearms WITHIN The State Of TX

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Browning

Browning

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I was wondering about what the law was regarding a non-FFL holder selling and shipping a firearm to a non-FFL buyer within the state of Texas. Does anyone know or have the specific law that would apply to this readily available in the form of a link where I could see it?

To clarify what I'm talking about by giving a for instance : Say that Mr. Smith who lives in DFW has a gun for sale in the classifieds section of a Dallas newspaper and Mr. Jones who lives in Houston sees the ad and offers to buy the gun over the phone or through the net, but he says it's too far for a FTF meeting and he says that it's legal to ship the firearm from one non-FFL to another just so long as within the State.

Is he wrong in saying that it's legal to ship a firearm to a new buyer just so long as it's WITHIN the state?

To me it seems like it would be legal since it's completely legal for two private parties to meet FTF and to buy and sell a firearm just so long as they're not crossing state lines, but I'm not absolutely sure about it and maybe there's some law that I've never heard of that forbids this.

Or is he incorrect and it's illegal for two private parties to exchange a firearm even though there's no INTER-State Commerce involved in the transaction?

I tried a search before posting this thread just in case it's already been covered (it probably has at some point and I'm just not finding it), but perhaps I'm using the wrong key words.
 
Link to BATFE Firearms FAQs

Instead of searching here (thought that's not always a bad idea!), why not take advantage of the Tax Dollars that the BATFE has spent preparing a very nice FAQ on Firearms laws:

http://www.atf.gov/firearms/faq/faqindex.htm

I've never quite understood why people's first step is to ask an internet forum which might be filled with people who don't really know the correct answers, when you can easily access the opinions of the people who promulgate and enforce the actual laws and regulations. (At least at the Federal level. I wish all the states had to do the same!)

Futuristic
 
It's legal, BUT the big issues for you to solve will include being able to prove that the recipient was both legally allowed to receive the firearm, and in fact was the person receiving the firearm.

If you personally know the person receiving the firearm and you use delivery confirmation, you're in good shape. Other than that, you're rolling the dice that you might wind up selling to a prohibited person and get jacked up in the process.
 
Futuristic : I've never quite understood why people's first step is to ask an internet forum which might be filled with people who don't really know the correct answers, when you can easily access the opinions of the people who promulgate and enforce the actual laws and regulations. (At least at the Federal level. I wish all the states had to do the same!)
Click to expand...

My thought process behind it is that any law prohibiting such a transfer would be a State Law, not a Federal one. I already knew that it was legal as far as Federal law was concerned as it doesn't have anything to do with interstate commerce. When I did a search on the subject earlier I ended up trying to wade through a bunch of legalese that didn't really address the exact issue that I had in mind.

Maybe my Googlefu is just weak today.

Thanks for all the answers.

I guess to basically sum it up, it comes under "Legal to do so, but not necessarily recommended unless you know the exact person that you'd be dealing with and their legal status".
 
transfers within Texas

Yes legal but unless you know the person????

I called the ATF and got a bunch of run around the last time I wanted to ship a handgun. The butt hole would not give me a straight answer. Kept ducking and dodging. I finally hung up and called back and got another person and he sed ok but be careful.

About the only time I do ship within TX. is when I sell to a fellow SASS member and then I kinda give it a once over before I do.

Some good points made in other replies, tho.
 
It's legal, BUT the big issues for you to solve will include being able to prove that the recipient was both legally allowed to receive the firearm, and in fact was the person receiving the firearm.
Click to expand...

If they have no reason to believe it's a prohibited person it's not illegal if in fact it turns out that the person is a prohibited person. It's illegal to knowingly sell to a prohibited person...
 
If they have no reason to believe it's a prohibited person it's not illegal if in fact it turns out that the person is a prohibited person. It's illegal to knowingly sell to a prohibited person...
Click to expand...
Agreed. But there has to be some showing of due dilgence, IMO, or you're on thin ice.
 
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