Complicated gun owner tranfer - need advice!

[Wolfwood]

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.

this is the way to go even for us Real Texans

 

[Alex09]

I mean, I would personally just rather buy it new. My dad has bought a handful of guns used and all of them but 1 worked out for him. I only own 2 guns myself and both I bought new, a Remington Wingmaster 12 gauge and my first gun a Remington 870 express youth. I like knowing the guns history so I want to just buy it new. I worked my butt off this summer to pay off my car and with the extra I wanted to buy this rifle so id rather treat myself to a new gun vs a used one.

 

[Texan2]

wait a minute....<sniff sniff>

 

[Alex09]

wait a minute....<sniff sniff>

Not really sure what that means but when your only 19 and all this stuff is on you, I dont want to screw myself over and make a decision Ill regret. Its not like I have a job with a steady income...Im a sophmore in college pleding a fraternity looking to go hunt during my free time

 

[Texan2]

People have given you several options to obtain your rifle but you seem intent on finding someone to buy one particular rifle for you from one particular store.
You have been told how to legally buy a rifle and how not to break the law. Take the advice give...or dont. The rest is up to you.

 

[heavyzee]

uhh... go get a Texas ID, not a DL an ID... you can then buy guns w/ that all u want and you are legal

 

[Ace1911]

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.

A FFL is not a state regulated license. So, as an FFL Texas laws are only a percentage of the laws I must follow. As said above, an individual may sell a firearm to whomever he wants, and if a law is violated, a peace officer would need to become knowledgeable about it to take action. As for me, I cannot release a firearm to an out of state resident and I need to see a valid ID as well, but there are a few exceptions, this is per federal laws, not Texas laws.

 

[shooterfpga]

A FFL is not a state regulated license. So, as an FFL Texas laws are only a percentage of the laws I must follow. As said above, an individual may sell a firearm to whomever he wants, and if a law is violated, a peace officer would need to become knowledgeable about it to take action. As for me, I cannot release a firearm to an out of state resident and I need to see a valid ID as well, but there are a few exceptions, this is per federal laws, not Texas laws.

you can purchase guns anywhere in any state, taking possession in that state i think would fall back on state of residency, ie: if that states laws are the same as texas. otherwise, it would have to be shipped to an FFL in recievers state? in this case, hes a resident of texas and has been for 1 year.

 

[Renegade]

As for me, I cannot release a firearm to an out of state resident and I need to see a valid ID as well, but there are a few exceptions, this is per federal laws

And one of those exceptions applies to the OP which you did not seem to understand, and we trying to inform you of.

 

[Bithabus]

As for me, I cannot release a firearm to an out of state resident

No, you are mistaken. You can sell a long gun to an out of state resident as long as the sale is not prohibited by the laws of Texas or the home state of the buyer. From the BATFE website, in case you still don't believe us:

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]

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

 

[espy59lc]

Buy from Bud's, get it sent to an FFL... $198 for a Ruger 10/22

Ruger Rimfire Semi-Automatic Rifles, .22 LR, target, plinking

 

[Ace1911]

I know you got that from the Q & A section of the ATF website, but, I would gladly how you the gigantic book they give to person's holding FFL's. There are some exceptions, but I cannot, and will not, release a firearm to any out of state resident. One of the exceptions, as it states in both Texas and federal laws, is a state that borders Texas. Florida does not. The OP is not a legal resident of Texas, and florida does not border. As to Renegade, the OP stated nothing in the post that provided a legal exception. Now, as with any law, most of it is gray, my interpretation is I will not release to a non-resident. Several FFL's have different interpretations or "pet peavies'" as it were, and this is their right to release or not release a firearm to their own discretion. My original intent was to dissuade him from having a friend buy the weapon for him, as the ATF is really enforcing the straw purchase law due to their own foul up on the gun runner situation. When I had my pre-license interview, the ATF agent specifically spoke to sales of non-Texas residents, as this is another fall out issue from the same situation. The Q & A section you copied that from may not all encompassing or inclusive of this. So, that being said, it will serve me no purpose to argue, and I really didn't recently join to argue with anyone. All I can say to the original poster, if you find an FFL that will sell you the weapon, more power to you. As I said, my original intent was to advise against the straw purchase, not argue legality.

-Mike

 

[Renegade]

I know you got that from the Q & A section of the ATF website, but, I would gladly how you the gigantic book they give to person's holding FFL's. There are some exceptions, but I cannot, and will not, release a firearm to any out of state resident. One of the exceptions, as it states in both Texas and federal laws, is a state that borders Texas. Florida does not. The OP is not a legal resident of Texas, and florida does not border.

Mike we are trying to help you out here.

The border state rule dates from GCA68 and was never part of Texas Law. The GCA68 law It was replaced by FOPA86, which enacted a 50 state law, which is still the current law.

Nothing in the law requires you to sell an rifle/shotgun (in this case a Ruger 10/22)to an out-of-state person, but it is not illegal either in most situations, including this one. As I have stated before this has been the law for nearly 25 years, if you are an FFL and have the gigantic book you should know this and be able to find it.

Agree with you on the Straw Purchase advice.

ETA - US Code 922(b)


b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or
deliver--

(3) any 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;

As to Renegade, the OP stated nothing in the post that provided a legal exception.

He said he wants to buy a rifle, and that meets the exception shown in blue above. If he had said he wanted to buy a handgun, then he would not meet the law shown above.

 

[Bithabus]

I know you got that from the Q & A section of the ATF website, but, I would gladly how you the gigantic book they give to person's holding FFL's. There are some exceptions, but I cannot, and will not, release a firearm to any out of state resident. One of the exceptions, as it states in both Texas and federal laws, is a state that borders Texas.

Again, you are incorrect. That law was changed a long time ago. Now, a FFL holder may sell a long gun to a resident of any state as long as the sale is not prohibited by state law. Quote the law or regulation you are referencing and I will point you to the new version.

Edit: Renegade posted the relevant code section above. I posted the FAQ earlier because I thought it would be easier for you.

 

[matefrio]

But aren't all gun store policies directly linked to laws that if not followed will bring ATF knocking down your door and killing your dog ending in 10 years federal prison to with a "sodomize me" sign on your butt and soap only ever offered off the ground? Buuuahhhhahhhahhhhaaaaa!

 

[Acera]

Do you think we all could chip in and pay the BATF to have an agent monitor and answer legal related gun questions on this board full time???

I know it might be a 40+ hour a week job, and that person would never have a holiday or vacation.....................probably end up with a drinking problem...............lose his wife and kids...................just asking..............

 

[hkusp1]

Or you could just go get a Texas I.D. since you are residing in Texas.

 

[Alex09]

I really appreciate everyone's input but my question has yet to be answered clearly. It seems like people are quoting the older laws and newer federal and state laws against eahc other. And at this point ive ruled out the idea of that straw purchase. I dont want to bring any extra hassels on me or my friend.

 

[espy59lc]

I don't think its as easy as "Get a Texas ID". For the simple fact he is in college. If he claims residency here, I think he gives up his rights to be claimed by his parents, then he will lose his Health insurance and all that good FAFSA BS. My g/f did that when we moved down here for UTSA...lowered her tuition, but lost her dads health insurance...

 

[Bithabus]

I really appreciate everyone's input but my question has yet to be answered clearly. It seems like people are quoting the older laws and newer federal and state laws against eahc other. And at this point ive ruled out the idea of that straw purchase. I dont want to bring any extra hassels on me or my friend.

Your question has been answered by several members. You can lawfully buy a rifle from a dealer in Texas.

But, as you can see from this thread not every dealer understands all the relevant laws and regulations. What YOU need to do is find an educated dealer with whom to do business.