Venture Surplus ad

Handgun purchases across state lines

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!
  • Maverick44

    Youngest old man on TGT.
    Rating - 100%
    1   0   0
    I seem to recall a federal court declaring the long standing ban on handgun purchases across state lines as unconstitutional, but I have not heard anything since. Could I, a resident of Texas walk into an Oklahoma gun shop and legally buy a handgun today? It's odd that a court made a monumental declaration like that, and there has been no talk about it.

    Sent from my XT1585 using Tapatalk
     

    Blind Sniper

    Well-Known
    Rating - 0%
    0   0   0
    Apr 12, 2013
    1,825
    21
    Bay City, MI
    Was there ever an actual, written into law ban? I seem to remember it being more of an unwritten rule, to lessen the risk of selling someone a gun that would get them in hot water back home because of how different gun laws can be one state to another.
     

    jrbfishn

    TGT Addict
    Lifetime Member
    Rating - 100%
    3   0   0
    Aug 9, 2013
    28,316
    96
    south of killeen
    Not a federal ban but individual states not recognizing the backround checks from other states. I can't sell to a resident of state A because they require a license to own. But I can sell to states B and C because they have constitutional ownership. Gets a little complicated, but that is it in a nutshell. Has to do with reciprocal agreements between states too.
    Don't know of a specific ruling on it by federal court.


    Sent from my iPad by an idiot coffeeholic.
     

    Wiliamr

    Well-Known
    TGT Supporter
    Rating - 100%
    2   0   0
    Apr 15, 2011
    1,807
    96
    Austin
    Out of state firearms purchases.
    http://www.atf.gov/firearms/faq/faq2.htm#b3

    (B3) May an unlicensed person obtain a firearm from an out-of-state source if the person arranges to obtain the firearm through a licensed dealer in the
    purchaser's own state?

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's state of residence for the purchaser to obtain the firearm from the dealer. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]
     

    dsgrey

    Well-Known
    Rating - 0%
    0   0   0
    Oct 25, 2015
    1,873
    96
    Denton County
    Living 20 miles from the Oklahoma border, I know Texans who have bought guns from stores and gun shows just across the border in Oklahoma. I think both states have contiguous state laws on their books.
     

    A.Texas.Yankee

    TGT Addict
    Rating - 0%
    0   0   0
    Mar 21, 2012
    3,628
    46
    NTX
    Long guns can be purchased out of state and brought back. Handguns, however, must use FFL between state lines. ATF had not changed the law regarding this, yet.

    You can walk into OK and buy a rifle and walk back.

    You can walk into OK and buy a pistol, but are supposed to ship it to FFL here to receive.

    Don't ask me why.

    Sent from some where out there.
     

    Maverick44

    Youngest old man on TGT.
    Rating - 100%
    1   0   0
    I found the article!

    http://www.thetruthaboutguns.com/20...rstate-handgun-transfer-ban-unconstitutional/

    In a ruling issued today, a Federal judge has declared that the longstanding ban on gun dealers selling handguns to residents in different states is not only unconstitutional under the Second Amendment, but also violates other fair trade provisions of the United States Constitution.
    They then filed suit in federal court in the Northern District of Texas, arguing that the federal prohibition on direct sales of handguns by FFL’s to out of state residents unconstitutionally violated their rights under the Second Amendment and the Due Process clause of the Fifth Amendment.
    However, it found that the requirement that all sales of handguns to out-of-state residents must go through another FFL (i.e., an FFL in the purchaser’s state of residence) was not narrowly tailored.
    The Court noted that FFL’s could sell long guns to out of state residents without involving a second FFL, and that there was no evidence that the involvement of a second FFL in handgun purchases served any particular purpose.

    If I'm understanding that correctly, shouldn't I be able to now walk into a gun store in a different state and leave with any handgun I want?
     

    easy rider

    Summer Slacker
    Lifetime Member
    Rating - 0%
    0   0   0
    Jun 10, 2015
    31,489
    96
    Odessa, Tx
    Unless it is very recent, and I can't say that every state is the same, not long ago I asked a dealer in NM and was told the same. Long guns you can using your drivers license and passing a 5-10 minute background check walk out with, handguns have to be shipped to FFL.
     

    A.Texas.Yankee

    TGT Addict
    Rating - 0%
    0   0   0
    Mar 21, 2012
    3,628
    46
    NTX
    The court's decision was in early 2015. Like I said, it's odd that no one seems to talk about it or even acknowledge it happened. I would think a decision like that would be a pretty big deal.

    Sent from my XT1585 using Tapatalk
    Not too many people around here in Texas go out of state to buy a pistol. Likewise, not too many people come to Texas from our border states to buy handguns.

    That being said, lots of states have their own rules that still have to apply to the sale. That's why many people don't sell out of state, or at least to certain states (I, for one, will not sell to NY, CA, CT, NJ, DE, MD, D.C. Or residents of Chicago). It's hard understanding the laws of 50 states to begin with (allowed weapons compliance, capacity compliance, configuration compliance, etc.), let alone keeping up with the changes.

    I've sold to OK and LA customers before, with no issues. But outside that, face to face sales I limit to TX, OK, and LA because if I mail order it, it's receiving end that's the responsible party, not me, legally... But I still have deal to with "this customer cannot take possession of this gun and wants a full refund..." scenario.


    Sent from some where out there.
     

    Maverick44

    Youngest old man on TGT.
    Rating - 100%
    1   0   0
    Not too many people around here in Texas go out of state to buy a pistol. Likewise, not too many people come to Texas from our border states to buy handguns.

    That being said, lots of states have their own rules that still have to apply to the sale. That's why many people don't sell out of state, or at least to certain states (I, for one, will not sell to NY, CA, CT, NJ, DE, MD, D.C. Or residents of Chicago). It's hard understanding the laws of 50 states to begin with (allowed weapons compliance, capacity compliance, configuration compliance, etc.), let alone keeping up with the changes.

    I've sold to OK and LA customers before, with no issues. But outside that, face to face sales I limit to TX, OK, and LA because if I mail order it, it's receiving end that's the responsible party, not me, legally... But I still have deal to with "this customer cannot take possession of this gun and wants a full refund..." scenario.


    Sent from some where out there.

    With me, I use the Red River as a jump rope. I'm constantly hopping from one side to the other since we live less than 45 min from it. Being able to walk into a gun shop on either side of the river and just fill out the paperwork like normal and leave with a handgun would be nice. I can see the issue with CA, NY, IL, ect, but with Oklahoma and Texas, the laws are extremely similar. If anything is preventing an out of state handgun sale as described earlier between TX and OK, it's federal law. It seems like that court's decision would make that a non issue.
     

    bandook

    New Member
    Rating - 0%
    0   0   0
    Dec 27, 2015
    23
    1
    The case is now called Mance v Lynch and is on appeal at the 5th Circuit.
    It was heard in January. No news since then.
     
    Top Bottom