Complicated gun owner tranfer - need advice!

[Alex09]

So here's the deal.

My license is from Florida. I go to school out here im Texas tho. I want to buy a .22 rifle but Texas state law says that if I live in FLorida (along with a handful of other states) I cannt buy a new gun here. Is it ok if my buddy buys the gun for me and gives it to me as a gift? Obviously I'm not going to do anything stupid with it but I want it to hunt on a few of my friend's ranches.

If that's ok, what paperwork does he need? He has a clean history so that's not a problem. Can we even make this deal legally?

I appreciate everyone's input.

 

[Texan2]

I would slowly back away from what you are proposing.

 

[shooterfpga]

So here's the deal.

My license is from Florida. I go to school out here im Texas tho. I want to buy a .22 rifle but Texas state law says that if I live in FLorida (along with a handful of other states) I cannt buy a new gun here. Is it ok if my buddy buys the gun for me and gives it to me as a gift? Obviously I'm not going to do anything stupid with it but I want it to hunt on a few of my friend's ranches.

If that's ok, what paperwork does he need? He has a clean history so that's not a problem. Can we even make this deal legally?

I appreciate everyone's input.

NO, that is a straw purchase.

You cant buy a gun in Texas if you are not a Texas resident (with few exceptions).

I would slowly back away from what you are proposing.

hes a student here, i think that should cover residency?

 

[Alex09]

I would think so too. Im a sophmore here so ive been here for over a year

 

[majormadmax]

He should have his Texas address on his Florida drivers license if he lives here (it's the same way with the military), so if that's the case than it should be no problem.

Otherwise, the fact that his address is in Florida is going to be an issue unless the state issues some kind of ID for students in such a situation.

That said, having his buddy buy the gun for him is a definite no-no! That's a Federal offense, something I am sure both of them won't want!

 

[Glockster69]

Your buddy can buy anything he wants. He may even let you

borrow it
feed it
love it
care for it

 

[Rum Runner]

Unless you like forcible sodomy, do not contemplate a straw purchase.
Straw purchase - Wikipedia, the free encyclopedia

However in regards to federal law, I think you may be ok. Read for yourself:
ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

Q: From whom may an unlicensed person acquire a firearm under the GCA? A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire 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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.
[27 CFR 478.11]

Texas law: I don't see any problems, but I am no expert for sure. You said: "Texas state law says that if I live in FLorida (along with a handful of other states) I cannt buy a new gun here." Where did you find that? I don't see it.

The biggest problem I see is that if you don't have a TX DL, most retailers and many private parties won't deal with you whether it is legal or not.

 

[RetArmySgt]

Ive talked to FFLs about this type of deal before. For a long gun he can sale it but he has to make sure that he follows all laws from both states and most FFLs dont want the hassle so they dont it.

 

[Bithabus]

You can buy the rifle here with your FL license

 

[Renegade]

So here's the deal.

My license is from Florida. I go to school out here im Texas tho. I want to buy a .22 rifle but Texas state law says that if I live in FLorida (along with a handful of other states) I cannt buy a new gun here.

There is no Texas law that prevents your from buying a .22 Rifle even if you live in Florida. Whoever told you that does not know what they are talking about.

 

[Ace1911]

As an FFL I can help answer this. You need to be a resident to successfully take possession of the firearm, as you will need to present a valid ID, with a couple of exceptions to this rule like a Military PCS. Having your friend purchase for you is what the others say it is, a "straw purchase". A FFL may not transfer the firearm to your friend if the FFL knows the transferee is not the owner of the firearm. Now, what your friend does with the firearm after leaving the FFL, that is up to him, but if he violates the law with regards to that weapon, such as a straw purchase, then HE is the one that will pay the price legally. My suggestion to you is become a legal Texas resident and obtain a TxDL so you can legally purchase the firearm. If you don't want to do that, then I believe you may find someone that might be willing to let you borrow or rent a firearm for a weekend hunt, etc. HTH!!

-Mike

 

[Bithabus]

As an FFL I can help answer this. You need to be a resident to successfully take possession of the firearm

Why do you think that?

A person does need to be a TX resident to buy a long gun from a dealer in TX.

 

[Renegade]

As an FFL I can help answer this. You need to be a resident to successfully take possession of the firearm, as you will need to present a valid ID, with a couple of exceptions to this rule like a Military PCS. Having your friend purchase for you is what the others say it is, a "straw purchase". A FFL may not transfer the firearm to your friend if the FFL knows the transferee is not the owner of the firearm. Now, what your friend does with the firearm after leaving the FFL, that is up to him, but if he violates the law with regards to that weapon, such as a straw purchase, then HE is the one that will pay the price legally. My suggestion to you is become a legal Texas resident and obtain a TxDL so you can legally purchase the firearm. If you don't want to do that, then I believe you may find someone that might be willing to let you borrow or rent a firearm for a weekend hunt, etc. HTH!!

-Mike

How long have you been an FFL?

It has been legal for out-of-state residents to buy rifles/shotguns for almost 25 years. This was one of the major benefits of FOPA86. Laws of both states must be followed, but Texas has no laws so 50% of the problem is solved.

 

[Alex09]

Im looking to buy the Ruger .22. Its on sale at walmart for like 197 bucks here. When I went to purchase it the first time the guy working the counter showed me a US map with about 10 states highlighted, florida being one of them along with Alabama, Georgia I think and a handful of others and he explained to me that since I have a florida issued license he couldn't sell me the gun. However today about an hour ago I went in and was able to buy an in state hunting license for 36 bucks because I have been living here for x amount of time (over a year) but he still wouldnt sell me the gun. It doesnt make any sense.

Now you may live in Montana for example and come to texas and buy a gun from a dealer..but he showed me this nation wide map and 9 or 10 states including Florida were highlighted specifically banning the priviledge to sell guns to people from there.

 

[Bithabus]

Im looking to buy the Ruger .22. Its on sale at walmart for like 197 bucks here. When I went to purchase it the first time the guy working the counter showed me a US map with about 10 states highlighted, florida being one of them along with Alabama, Georgia I think and a handful of others and he explained to me that since I have a florida issued license he couldn't sell me the gun. However today about an hour ago I went in and was able to buy an in state hunting license for 36 bucks because I have been living here for x amount of time (over a year) but he still wouldnt sell me the gun. It doesnt make any sense.

Now you may live in Montana for example and come to texas and buy a gun from a dealer..but he showed me this nation wide map and 9 or 10 states including Florida were highlighted specifically banning the priviledge to sell guns to people from there.

You won't be breaking any laws by buying the rifle. Florida changed their law in June to make this more clear.

 

[Alex09]

Florida changed the law in July. You are fine. Go find a dealer who is not an idiot and buy your gun.

Only this walmart has the gun in stock and the guy working the counter says he doesnt know how long it will take to get in. I went to Academy to buy the gun and they had it marked up at 350 and the other walmart here in town didnt have it in stock. I just want to hurry and get it because me and a few friends are heading out to a ranch this weekend up in Amarillo to do some hunting and the guy at walmart isnt lightening up.

 

[Rum Runner]

You just have to find the right dealer...may need to call around. And by "right" I dont mean one that will bend/break the law, I mean one who knows it is ok and is willing to sell to you. When I first moved here, I had several FFLs who would not sell me a firearm w/o a TX DL regardless of the law. I foound an FFL who would and had a gun sent to him.

 

[Bithabus]

Only this walmart has the gun in stock and the guy working the counter says he doesnt know how long it will take to get in. I went to Academy to buy the gun and they had it marked up at 350 and the other walmart here in town didnt have it in stock. I just want to hurry and get it because me and a few friends are heading out to a ranch this weekend up in Amarillo to do some hunting and the guy at walmart isnt lightening up.

Maybe you can order it online

 

[RetArmySgt]

Walmart doesnt sell them online, in store only last time i checked.

 

[Acera]

Why don't you start a thread in the classified section. "Want To Buy Ruger 10-22, FTF Austin Area, I Have Cash".

You should have zero problems with a face to face transfer from an individual.

The Ruger might be slightly used, so you could get a better price, and those never wear out. If you are like a lot of folks, you will start upgrading parts pretty quickly anyway.