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Hello All! What paperwork do I need? Anything I can't buy?

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  • paulbart

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    Feb 15, 2011
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    Hi there

    My name is Paul and I am just moving to Austin, TX.

    I am looking forward to life here and to enjoying some time on the ranges, hunting and hopefully meeting some of you.

    I want to ask a couple of questions based on what I have read online regarding guns in the state.

    1. I understand that I am able to buy a gun in the state with no permit or delay by just presenting a Texas state ID. What if I have just arrived and do not have local ID? Can I buy with a foreign passport? If not, what do I need to get a Texas ID? I will be resident in Texas.

    2. Are there any weapons/types of guns that are restricted?

    Thanks guys and hope to hear form you soon with answers to my questions. Great forum...

    Paul
    Texas SOT
     

    navyguy

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    Presupposing you are over 21 and can satisfy the legal requirements (over 21, not a felon, not a gang-banger etc) you must establish residency in the state. I don't know how long you need to be here to do that, but you do need a full time residence. If you plan on driving a car, you'll need a drivers license and that will serve as your id.
     

    Rum Runner

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    Mar 21, 2010
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    Welcome.

    What you REALLY NEED is very different from what a dealer will accept. Even though you can legally buy a firearm without it, many dealers will tell you that you have to show a Texas DL or get lost.
     

    Texas1911

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    1. I understand that I am able to buy a gun in the state with no permit or delay by just presenting a Texas state ID. What if I have just arrived and do not have local ID? Can I buy with a foreign passport? If not, what do I need to get a Texas ID? I will be resident in Texas.

    From a dealer:
    1) You will need to be a US citizen.
    2) You will need 90 days of concurrent residency proof.
    3) You will need your alien card.
    4) You will need a valid Texas ID.
    5) Be prepared to be delayed ... all immigrant aliens get delayed from my experience.

    For an individual sale, you'll need a valid Texas ID, and be prepared to be denied a sale outright due to having an accent. People, including myself, will be very leery of individuals with accents since it's rather obvious you are not from the United States. Part of this is xenophobia, but the majority of it is fear of selling to a possible ineligible person.

    2. Are there any weapons/types of guns that are restricted?

    Nothing is restricted in the state of Texas, but items like machine guns, suppressors, destructive devices (field ordinance, 20mm rifles, etc.), short-barrel rifles / shotguns, are registered in accordance with the NFA (National Firearms Act) and involve a more complex and elongated purchasing method. Short barrel is defined as a rifle with a barrel less than 16" in length, or a complete rifle shorter than 26" in total length (with the stock extended). For shotguns it's a barrel less than 18" and/or a length less than 26" overall with the stock extended.
     

    Texas1911

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    What you REALLY NEED is very different from what a dealer will accept. Even though you can legally buy a firearm without it, many dealers will tell you that you have to show a Texas DL or get lost.

    If your legal residence is now in the state of Texas and you do not have a Texas state license your out of state license is not a valid license and the FFL cannot proceed with the transfer. To do so is a felony on your behalf.

    An FFL cannot process the paperwork on a handgun for an out of state resident, but they can for a long gun, so long as it fits the requirements of your state. You can buy a handgun from the FFL as an out of state resident and have it shipped to an FFL in your state. This is why FFLs in the state of Texas don't bother with out of state sales ... because keeping track of the laws of other states is difficult.
     

    paulbart

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    Feb 15, 2011
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    Hey all of you

    Thanks for the useful advice.

    In answer to your questions, I am a British citizen moving to Austin after many years in Asia. I guess I won't have a Texas accent for you. I hope you guys are not xenophobic - that's part of my reason for moving to the States after too many years in Thailand and their less than welcoming attitude.

    I read online that to get a Texas driver license I need a passport and a visa with a date of expiry so I guess that rules out my vwp (visa waiver program) that we Brits use to enter the US as you would the UK.

    Ironically, we wife (who has no interest in guns) could get a Texas license right away as she has a 10 year US visa...

    Well, I guess I am going to need a drivers license for all sorts of things from driving to insurance, buying a car and a gun so I'd appreciate any tips on getting one quickly,

    I will be residing in the US and will get a long term visa once my company is set up there etc but that all takes time so I wonder what I do in the meantime when I want a gun, car and all the other stuff an ID gets you.

    Thank fir the advice, guys.

    Paul
     

    matefrio

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    Not xenophobic we have issues with sting operations from the Bureau of Alcohol Tobacco and Firearms not to mention visiting mayors and press that seem unfair to gun sellers targeting private purchases. Nothing to do with nationality avoidance for any other type of activity.

    Best thing for you to do is get a hunting license, any state will do, and then barrow a gun till a purchase is an option.
     

    Texas1911

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    You have to only prove 90 days of concurrent residency in the state, legally. Meaning, if you can legally enter the country and reside (visa status) you can start counting from the first day you can prove via utility bills (and other qualifying statements). So the 30 days or so that you are waiting for your green card to come in the mail count so long as you can prove it.

    However, when you go to buy the gun, you'll need the above items I listed. Until then, you cannot legally possess a firearm permanently. You could go to a gun range and rent one to practice with though, or to become familiar with.
     

    majormadmax

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    Helotes!
    You do not have to be a US citizen, but you will have to establish Texas residency. I work with a Canadian military officer who has been able to obtain a TX CHL and purchase a firearm here based on the fact that he legally lives here.

    Block 14 on ATF Form 4473 (the paperwork you have to complete to buy from a gun dealer) asks for your country of citizenship. If it isn't the US, the next block asks for your US-issued alien or admission number.

    If you purchase from a private seller, you need to show proof of residency. Your accent will be an indicator that you could not be a Texas resident (some may argue differently, but to most it will be a flag) at which point you would have to show a state-issued ID.

    Welcome to Texas, there are a lot of Brits in San Antonio (I work with one as well).

    Cheers! M2
     

    paulbart

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    Feb 15, 2011
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    Thanks again for all the welcomes. I did hear you are a friendly bunch. I ma looking forward very much to living in Austin. I am still not 100% sure on how to get this issue solved but I guess it will become clearer. At present I can stay for up to 90 days on my vwp (visa waiver programme) but then come back any time after so I guess getting utility bills together is no problem. For the long term visa I need (not a green card) I need to set up my business etc so I guess it might be more tricky. I think getting the drivers license is the key so hopefully there are some friendly folk down at that office to sort me out.

    San Antonio vs Austin to live? Any votes?

    I will have my own business so I can fairly pick the location. Be keen to hear recommendations in Texas...

    Thanks

    Paul

    Thanks again...
     

    MR Redneck

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    Welcome to Texas Paul and I hope you get it all figureg out. One thing we dont want in Texas Is to deny the 2nd amendment right to honest people who legally live in our state.
    Hope you enjoy your stay.
    Paul_revere_ride.gif
    :ohnoes:
     

    majormadmax

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    Helotes!
    Paul

    You might have problems with just utility bills, especially without any form of TX ID. Keep in mind that while the law may allow it, dealers have the right to refuse sale to anyone and if they in any way suspect you may not be eligible, most likely they will not sell to you.

    Simply being in Texas for 90 days is not residency, you need to acquire some form of TX ID as soon as possible.

    As for the SA vs Austin debate, it depends on numerous factors. First, what business are you in? Secondly, are you single or married with children? San Antonio and Austin are both great places, but distinctly different and if you are a young, hip single guy working in a high tech industry than Austin would be the better choice. Married with children, conservative and working a blue collar job would make San Antonio the place to go. They are less than two hours apart, so best you visit both and decide which feels better to you.

    Cheers! M2
     

    lalonguecarabine

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    Thanks again for all the welcomes. I did hear you are a friendly bunch. I ma looking forward very much to living in Austin. I am still not 100% sure on how to get this issue solved but I guess it will become clearer. At present I can stay for up to 90 days on my vwp (visa waiver programme) but then come back any time after so I guess getting utility bills together is no problem. For the long term visa I need (not a green card) I need to set up my business etc so I guess it might be more tricky. I think getting the drivers license is the key so hopefully there are some friendly folk down at that office to sort me out.

    San Antonio vs Austin to live? Any votes?

    I will have my own business so I can fairly pick the location. Be keen to hear recommendations in Texas...

    Thanks

    Paul

    Thanks again...

    Hello Paul. And, welcome to Texas!

    If you have trouble deciding between Austin and San Antonio, I will respectfully submit for your consideration: San Marcos! That's where I live, and it's right smack in the middle of the two. About thirty minutes to either one, and San Marcos is a beautiful place to live!



    As far as going to the range to shoot, Texas1911 suggested just going to your local range and renting a gun or two to shoot while you're there.
    I second that option, as I think that would be the quickest way for you to get some range time and enjoy a little shooting while you wait for all your various paperwork and other requirements.

    Anyway, as you've no doubt noticed by now - there's lots of friendly folks here on this forum who are always more than willing to answer any questions you may have.
    So, again - welcome, and enjoy your stay.
     

    nalioth

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    Oct 13, 2008
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    A resident does not need a Texas ID to buy guns from individuals, nor dealers.

    Buying from a dealer has been outlined above.

    Buying from an individual has been incorrectly outlined above, to wit:
    There is no "time limit" or "ID card requirement" for residency when dealing with individuals (face to face sales). Under Texas law, the instant someone enters Texas with intent to reside, they are considered residents.
     

    Renegade

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    Mar 5, 2008
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    I read online that to get a Texas driver license I need a passport and a visa with a date of expiry so I guess that rules out my vwp (visa waiver program) that we Brits use to enter the US as you would the UK.

    If you are on a tourist visa (what I am on when I visit UK) you cannot buy a gun.


    What is your visa status?

    ETA:

    Let's make this simple. What are your answers to questions 11l, 12, 15?

    Form4473-2008-08-1.gif
     
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