Patriot Mobile

Private sale to non-Texas residents?

The #1 community for Gun Owners in Texas

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • ZTatZAU

    New Member
    Rating - 0%
    0   0   0
    Apr 19, 2019
    12
    1
    Midwest
    Hello! This is my first post on TGT.

    I am a resident of Illinois. I have a valid Illinois (FOID) Firearm Owners Identification Card and a valid Illinois (CCL) Concealed Carry License. I would like to purchase a vintage 1942 Springfield M1 Garand and a 1943 Remington 1903 03A3 bolt action rifle from the collection of a personal friend who resides in Texas.

    Rather than having my friend go through the hassles and inconvenience of packaging and shipping the rifles to an FFL here in Illinois, I was planning on driving to Texas later this afternoon to buy the two rifles in a "Face-to-Face" private sale and personally transport the two firearms back to Illinois over the weekend.

    But from what I've read here on the TGT forum and the BATF website, I am unsure as to whether such a "Face-to-Face" private party (non-FFL) sale of the rifles as described above, by a Texas resident to an out-of-state resident such as myself, would be legal under Texas laws nor perhaps legal under Federal laws.

    I would appreciate any guidance or advice on how to proceed and properly document such a firearm transfer so as to be in compliance with all applicable Texas, Illinois, and Federal laws.

    I will appreciate any and all replies! ZT
    Hurley's Gold
     

    Dred

    Active Member
    Rating - 100%
    3   0   0
    Mar 12, 2012
    646
    46
    Houston, TX
    Welcome. The FTF is not legal until you establish Texas Residency. Easiest for him is to have his Texas FFL send to your Illi FFL.

    ETA: Long guns can be sold directly to out of state buyers in some circumstances. You might see if you can find an FFL local to the seller that will transfer to you given your circumstances.
     

    ZTatZAU

    New Member
    Rating - 0%
    0   0   0
    Apr 19, 2019
    12
    1
    Midwest
    Thanks for the welcome ZX9RCAM.

    Being new to TGT, can you tell me if this is the best forum page to post questions such as mine above?

    ZT
     

    MTA

    TGT Addict
    Rating - 100%
    40   0   0
    Mar 10, 2017
    9,054
    96
    Fannin
    I believe that private sales can only be made between two residents of the same state unless the receiver has a C&R FFL. I could be mistaken though
     

    ZTatZAU

    New Member
    Rating - 0%
    0   0   0
    Apr 19, 2019
    12
    1
    Midwest
    Thanks for your reply Dred!

    Are you quite sure that my friend will have to start by going through a TX FFL? If a FTF sale to a non-Texas resident is definitely not allowed under any circumstances, I was under the impression that he could personally send the rifles to my local Illinois FFL???

    ZT
     

    Dred

    Active Member
    Rating - 100%
    3   0   0
    Mar 12, 2012
    646
    46
    Houston, TX
    I was under the impression that he could personally send the rifles to my local Illinois FFL???

    ZT ... he can send to your FFL if they are wiling to receive from an individual. Many FFLs are very cautious about accepting from individuals because individuals frequently screw up T-crossings and I-dottings. In the sellers situation I'd tend to use an FFL to simplify the fun of shipping a firearm.

    I'm certain that uncredentialed individuals must reside in the same state - Texas in your circumstance.
     

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,749
    96
    Texas
    Hello! This is my first post on TGT.

    I am a resident of Illinois. I have a valid Illinois (FOID) Firearm Owners Identification Card and a valid Illinois (CCL) Concealed Carry License. I would like to purchase a vintage 1942 Springfield M1 Garand and a 1943 Remington 1903 03A3 bolt action rifle from the collection of a personal friend who resides in Texas.

    Rather than having my friend go through the hassles and inconvenience of packaging and shipping the rifles to an FFL here in Illinois, I was planning on driving to Texas later this afternoon to buy the two rifles in a "Face-to-Face" private sale and personally transport the two firearms back to Illinois over the weekend.

    But from what I've read here on the TGT forum and the BATF website, I am unsure as to whether such a "Face-to-Face" private party (non-FFL) sale of the rifles as described above, by a Texas resident to an out-of-state resident such as myself, would be legal under Texas laws nor perhaps legal under Federal laws.

    I would appreciate any guidance or advice on how to proceed and properly document such a firearm transfer so as to be in compliance with all applicable Texas, Illinois, and Federal laws.

    I will appreciate any and all replies! ZT

    You are correct it is legal under Texas law, but not Federal Law.
     

    ZTatZAU

    New Member
    Rating - 0%
    0   0   0
    Apr 19, 2019
    12
    1
    Midwest
    believe that private sales can only be made between two residents of the same state unless the receiver has a C&R FFL. I could be mistaken though
    Well, I don't hold a C&R FFL so that's no help in this situation but thanks for your reply!

    ZT
     

    ZTatZAU

    New Member
    Rating - 0%
    0   0   0
    Apr 19, 2019
    12
    1
    Midwest
    ZT ... he can send to your FFL if they are wiling to receive from an individual. Many FFLs are very cautious about accepting from individuals because individuals frequently screw up T-crossings and I-dottings. In the sellers situation I'd tend to use an FFL to simplify the fun of shipping a firearm.

    I'm certain that uncredentialed individuals must reside in the same state - Texas in your circumstance.
    Thanks again Dred! I appreciate your reply and guess I'll start by talking to a local FFL and see what they are comfortable with.

    ZT
     

    ZTatZAU

    New Member
    Rating - 0%
    0   0   0
    Apr 19, 2019
    12
    1
    Midwest
    You are correct it is legal under Texas law, but not Federal Law.
    Renegade - can you explain what would make this FTF sale to a non-res legal under Texas law? (i.e. Long gun vs. hand gun? perhaps?)

    I've had a closer look at the BATF site and I'm pretty much convinced that an FFL in my state will be required.

    ZT
     

    ZTatZAU

    New Member
    Rating - 0%
    0   0   0
    Apr 19, 2019
    12
    1
    Midwest
    FedLaw makes it illegal for a non-licensee to xfer a firearm to non-licensee of another state.
    I tend to agree with you renegade as far as Federal law is concerned.

    But, unless I misunderstood your first reply, I was asking why you thought a FTF sale like this would be "legal under Texas law"?

    ZT
     

    ZX9RCAM

    Over the Rainbow bridge...
    TGT Supporter
    Lifetime Member
    Rating - 100%
    2   0   0
    May 14, 2008
    59,737
    96
    The Woodlands, Tx.
    Thanks for the welcome ZX9RCAM.

    Being new to TGT, can you tell me if this is the best forum page to post questions such as mine above?

    ZT

    Sorry for the late reply, this is as good a spot as any. If it were wrong a moderator would/ could move it.
    Looks like plenty chiming in on your question.
     

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,749
    96
    Texas
    I was asking why you thought a FTF sale like this would be "legal under Texas law"?

    Because Texas law does not generally regulate firearms xfers. The few exceptions are outlined in PC46.06 UNLAWFUL TRANSFER OF CERTAIN WEAPONS. "Out-of-State Resident"is not one of them.
     

    BRD@66

    TGT Addict
    Rating - 0%
    0   0   0
    Jan 23, 2014
    10,773
    96
    Liberty Hill
    Unless IL transfer is so expensive that it'd be cheaper to establish a TX residence, I think your pathway is clear.
    eta - see Dred's post #3.
     

    ZTatZAU

    New Member
    Rating - 0%
    0   0   0
    Apr 19, 2019
    12
    1
    Midwest
    Because Texas law does not generally regulate firearms xfers. The few exceptions are outlined in PC46.06 UNLAWFUL TRANSFER OF CERTAIN WEAPONS. "Out-of-State Resident"is not one of them.
    Thanks for your clarification Renegade!

    I thought remembered reading somewhere this morning that Texas will allow private sales to non-residents as long as the seller verifies the buyer is not prohibited from buying a firearm and any laws governing the transfer of firearms in the buyer's state are followed. For a buyer in Illinois, this would require the private seller to verify, via a state police website (or phone call), that the buyer has a valid FOID card.

    But then I read several other threads here on TGT that led me to believe that private party sales were only allowed when both parties were Texas residents.

    So I am still somewhat confused as to Texas laws. But, as SC-Texas posted...
    Renegade is correct. Illegal under federal law
    ... It would seem that Federal law would trump Texas law unless, from what I've read on the BATF website, it seems that the prohibition against the transfer of firearms from a seller in one state to a buyer in another state assumes the transfer will be made by shipping the firearm from one state to another, (which would clearly require the involvement of an FFL), as opposed to a FTF "in person" private party sale.

    So what I'm still wondering is... Does federal law prohibit the transfer (i.e. The shipping of the firearm) from a seller in one state to a buyer in another state? Or, does the federal law prohibit the actual sale of a firearm by a seller in one state to a buyer in another state?

    ZT
     
    Top Bottom