Texas Purchase Question

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Wolfebyte

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Maybe I'm not using the search button correctly, and if it's been answered numerous times, I apologize... I know that 'used to' there was a Texas law that prohibited a Texas citizen from purchasing a long arm outside of the contiguous states of Texas. Some weird wording in our commerce clause, but
I 'thought' this law had been changed with the last legislation, but looking at the new laws for Sept 2009, I'm not seeing it discussed or listed..

anyone know what the law is now? .. I'll be visiting in-laws in Florida and my brother in law always takes me to a dealer there to just make me drool.. This trip, I may be in the mood to purchase, if it's legal for me to purchase ..
 
I 'thought' this law had been changed with the last legislation, but looking at the new laws for Sept 2009, I'm not seeing it discussed or listed..
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It has been changed.

46.07 says:

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.
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ETA: Bah, that's the old one. Sep 1, 09 version, thanks to Salty 1

Sec. 46.07. INTERSTATE PURCHASE. Authorizes a resident of this state, if not otherwise precluded by law, to purchase firearms, ammunition, reloading components, or firearm accessories in another state, rather than in contiguous states. Provides that this authorization is enacted in conformance with 18 U.S.C. Section 922(b)(3)(A) (relating to certain interstate firearm purchases), rather than Public Law 90-618, 90th Congress.
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The Federal law that Texas Code references says (regarding illegal acts)

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), and
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I know that you can buy a gun online and have it shipped to Texas so I dont know why you wouldnt be able to do it in person.
 
I know that you can buy a gun online and have it shipped to Texas so I dont know why you wouldnt be able to do it in person.
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Well the difference there is that the physical transfer itself is inside Texas, through a local FFL.

Federal law says you can buy a long gun in another state as long as you do it in person.

Texas law does not prohibit that, so all good. Doesn't apply to handguns or firearms though, just rifles and shotguns.
 
This should help, from the Texas Penal Code




jj. P.C. 46.07 SB 1188 INTERSTATE PURCHASE
1. UPDATES LAW TO COMPLY WITH FEDERAL LAW CHANGES
2. TEXAS RESIDENTS, UNLESS OTHERWISE PRECLUDED BY LAW, MAY PURCHASE FIREARMS, AMMUNITION, ETC. IN ANY OTHER STATE NOT JUST CONTIGUOUS STATES
 
TexasRifleman said:
Federal law says you can buy a long gun in another state as long as you do it in person.
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ONLY from an FFL, though!

18 USC 922 (a)(3) prohibits buying any gun out of state from private parties.

And, actually, once 18 USC 922 was amended in 1986, a Texas resident could purchase a long gun from an out of state FFL in just about any state because the Texas statute never did specifically prohibit anything - it only specifically allowed an action as required by 18 USC 922 prior to the 1986 amendment.
 
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