Texas statute - written opinion?

[NavyLCDR]

Does anyone have any somewhat official written opinions or case law regarding the below posted Texas statute? What exactly does the statute PROHIBIT? For instance, can a Texas resident buy a rifle from a Wyoming FFL in Wyoming? (there are no laws in Wyoming against that) If this statute prohibits a long gun purchase, which is otherwise legal by Federal and Wyoming state law in Wyoming, then it would also seem to prohibit the purchase of a holster in Wyoming.

Just curious,
Thanks!

§ 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from Penal Code § 46.08 by Acts 1993, 73rd Leg., ch.
900, § 1.01, eff. Sept. 1, 1994.

 

[csmkersh]

I don't have any written opinions, but what this Texas law does is bring Texas into agreement with federal law aka FOPA of1986.

the bug in the ointment here is the word "contiguous," which would preclude the Wyoming purchase. I'd like to see every gun law enacted after June 25, 1934.

From Cambridge on-line dictionary:

contiguous: next to or touching another, usually similar, thing:

​

 

[NavyLCDR]

So I am guessing here, taking this statement from 18 USC 922 regarding the interstate purchase of long guns: "and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States," that the Texas statute sets forth the legal conditions of the sale.

If 18 USC 922 had said something like "unless otherwise prohibited by state law", then the Texas statute would not have any effect, because it doesn't prohibit anything, but it does seem to set forth legal conditions.

I see nothing in the Texas statute, though, that would PROHIBIT a Texas resident from buying a box of ammo in Wyoming and bringing it or portions of it back to Texas.

 

[TexasRifleman]

As I posted in the other thread, it was explained to me by someone at TSRA that the Federal code this statute points to, 922b3:

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—ny 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), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

This requires that the specific rules be PUBLISHED in statute, not assumed. So it is an oddly worded statute in that it doesn't prohibit anything like you would expect a law to but it does publish the ground rules, which explains how 922b3 is to be applied for residents of Texas.

A gun dealer in Pennsylvania refused to sell me a rifle and told me this was why, I wrote TSRA and got the same opinion as to the reason.

I see nothing in the Texas statute, though, that would PROHIBIT a Texas resident from buying a box of ammo in Wyoming and bringing it or portions of it back to Texas.

Again, 922b3 requires that is be PUBLISHED. What is published in Texas statute says contiguous states only but yeah as to ammo and accessories that is kind of odd of course since 922b3 doesn't cover any of that so it doesn't make sense that you wouldn't be able to buy ammo in Wyoming and bring it back, but none of the wording of this makes sense anyway since it was only designed to satisfy 922b3.

 

[NavyLCDR]

Again, 922b3 requires that is be PUBLISHED. What is published in Texas statute says contiguous states only.

HOWEVER, 18 USC 922b3 only requires that of FIREARMS and NOT ammunition, reloading components or firearms accessories.

ETA: Sorry, I see you said exactly the same thing in your post above....

 

[TexasRifleman]

Yep, I agree that it's an oddly worded piece of legislation.

You'd get into 'legislative intent' if you were somehow charged with violating it. It's a pretty crappy piece of law for sure.

Some judge tells the jury the legislative intent was to prohibit it all otherwise it wouldn't be in there well, who knows.

 

[rdalrymple]

SC law says essentially the same thing as TX law.

SECTION 23-31-10. Purchase of rifle or shotgun in contiguous state.

Any resident of this State including a corporation or other business entity maintaining a place of business in this State, who may lawfully purchase and receive delivery of a rifle or shotgun in this State, may purchase a rifle or shotgun in a contiguous state and transport or receive the same in this State; provided, that the sale meets the lawful requirements of each such state, meets all lawful requirements of any Federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector.

SECTION 23-31-20. Purchase of rifle or shotgun in this State by resident of any state.

A resident of any state may purchase rifles and shotguns in this State if the resident conforms to applicable provisions of statutes and regulations of this State, the United States, and of the state in which the person resides.

I'd really like to know the reason for the "contiguous".

 

[NavyLCDR]

I'll bet contiguous is in there to prevent folks from interstate travel through a state which was not involved with at all in the transaction. Which makes no sense, but that might be the reasoning. They figure the gun is legal to possess in the state of purchase, in the state of residence, and the word "contiguous" eliminates concern for any state travelled through in between.

Maybe also it is to allow folks who live in small towns with no gun stores to go accross a state line to purchase a rifle in a nearby town which is closer to them then the nearest place would be in state.

Now you toss in the Texas statute which mentions ammo, reloading components and firearms accessories... that really makes no sense whatsoever..

 

[Car Knocker]

As I recall, the federal statute originally used the word "contigious" and the states merely used the term to keep their state legislation consistant with federal. FOPA '86 removed the term "contigious" from federal legislation but, obviously, the term reamined in state legislation unless changed by the state.

 

[Art Eatman]

FedLaw says you can buy a rifle or shotgun from a licensed dealer in any state, as long as you pass the NICS deal, right? And, as long as you are a legal buyer in both the state of residence and the state of purchase.

Can't buy a handgun out of state. Used to be, you could buy a handgun in contiguous states.

The Texas statute says its intent is to comply with FedLaw.

If I'm correct in my opening comment, and the intent of TexLaw is to match FedLaw, then I have to interpret the deal as meaning that I'm allowed to buy a rifle/shotgun in Wyoming.

Dealers--as in more than one--in both Florida and Georgia have sold ammo to me with them knowing I'm a Texas resident, so I'd imagine that neither Wyoming or Texas would care about ammo.

FWIW.