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FFL question (out of stater wants long gun sale?)


Mustang Gregg

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:FlagAm::FlagAm::FlagAm::FlagAm::FlagAm:

 

I've had an FFL for years and I ain't ever had this one come up. :o

Ya see, I sell to NE residents and to out of state FFL's only.

 

There's a feller from TX (gonna be visiting our town) who won a rifle on a raffle here.

He wants to pick it up when he's here next week and take it back to TX.

He doesn't want me to transfer it to a TX FFL (too much expense).

 

Is there anyway to do a direct sale?

Will a NICS work across in this case?

NE & TX ain't contiguous states.

 

Much obliged,

Mustang Gregg

 

Edit---

BTW: J Bar, you're right. It is a Savage Axis.

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Nope. Texas residents can only do the transfer in contiguous states.

 

He won a rifle in a raffle and can't afford to pay $20 shipping and $20 for a transfer fee? That must have been one EXPENSIVE raffle ticket, or the cheapest rifle ever made... Stevens 200? Maverick MAVBA? Savage Edge/Axis?

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Nope. Texas residents can only do the transfer in contiguous states.

He won a rifle in a raffle and can't afford to pay $20 shipping and $20 for a transfer fee? That must have been one EXPENSIVE raffle ticket, or the cheapest rifle ever made... Stevens 200? Maverick MAVBA? Savage Edge/Axis?

 

Where'd ya get that from?

 

As long as there is no state law prohiditing him in yours or his state you can 4473 transfer a long gun to him. I know of no Texas law prohibiting him.

 

From the ATF's FAQ's

 

Unlicensed Persons Questions

 

 

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]

 

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Yeah you'd have to check with both states individual laws regarding the sale. If both said OK then you could go for it with no federal concerns. I just know that California use to always be contiguous states only, although that may have changed by now since they have been tightening the screws of late. Smithy.

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Texas state law only allows Texas residents to purchase in states with a shared border. Montana law says I can sell to residents of any other state, but the buyer's state law has to agree before I can make the sale; I can sell to a Texas resident, but a Texas resident can't buy from me. There are two sides to the equation, and if they don't match, no sale.

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Whoa, this MAY have changed about a year and a half ago...

 

I just found this.

 

81R1890 GCB-D

By: Bonnen H.B. No. 267

AN ACT relating to the interstate purchase of certain firearms.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.07, Penal Code, is amended to read as follows:

Sec. 46.07. INTERSTATE PURCHASE. A resident of this state may, if not otherwise

precluded by law, purchase firearms, ammunition, reloading components, or firearm

accessories in another state. This authorization is enacted in

conformance with 18 U.S.C. Section 922( B )(3)(A).

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the

members elected to each house, as provided by Section 39, Article III, Texas

Constitution.

 

And it may not have passed either...

I have a PDF on my computer at the gun counter at work that lists every state's law about resident purchases in other states. It's updated by our corporate office quarterly, and still reads that Texas residents can only purchase long guns in contiguous states.

 

Gold Canyon Kid, I'm sure Cabela's knows the laws as well as any other dealer, probably better. You list your state of residence as Washington though, not Texas... have you moved?

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:FlagAm::FlagAm::FlagAm::FlagAm::FlagAm:

 

I just called him and told him that we will try to do a NICS check.

If that don't go through, I'll just keep the rifle and give him some cash.

 

Thanks for the help, guys!

MG

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