Is a Texas ID card enough to buy a gun?

[Grog]

Tried to do a handgun FTF sale from another website. Guy whips out an AZ DL and CHL (didn't even look at it, saw AZ and I didn't care after that). He said he had a TX ID card at home, and we can try again later (if he can find it).

I'm all for freedom, think we should be able to buy and sell across state lines but I'm not going to risk being setup by eric holder's boys


Part of me is uneasy even if he finds a "valid" TX ID card. I moved here a few years ago and I had to jump through hoops to get a new DL, not sure I want to deal with people who skate by the rules. I also told he might have some fun if DPS ever pulls him over. TX plates + AZ DL/CHL = loads of laughs.



What would you do?

[Jumping Frog]

18 USC 922 makes it a felony to sell a gun if a person "knows or has reasonable cause to believe" that the other person is a resident of a different state.

If it was me, I'd say an AZ driver license is enough "reasonable cause to believe" that I would not risk a federal felony.

18 USC § 922(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; . . .

[Keith B]

Run away from that sale, FAR away!

[The Annoyed Man]

Ditto what the others have said.

We are not legally obligated to ask for the buyer's ID, but we are legally obligated not to sell to someone disqualified by law from buy a gun from us in Texas. There's two schools of thought here: 1) the Constitution doesn't require an ID, so buy/sell to/from whomever you want to and don't ask to see ID; and 2) since federal law (constitutional or not) holds you the seller responsible with heavy penalties, don't give the gummint any reason at all to put you behind bars.

Like Grog said, we have no idea if we are being suckered or not, so why take risks? I would not knowingly sell a gun to someone that I know to be not legally qualified. The problem is that even if I ask for a Texas ID and the buyer is able to produce one, that doesn't necessarily mean that the person is legally qualified to buy the gun. Lots of felons have drivers licenses. Asking for a current CHL is about the only way you can know, and even that isn't 100% certain. But at least you have a defense if the CHL turned out to be bogus or suspended, or something like that, because you can argue that you acted on good faith and tried to follow the law.

[Grog]

Ok, just wanted to make sure my head was still in the game. Thanks for the statute quote as well.

[Grog]

....and in my original as, I even said that a Texas CHL was a requirement.

His reply = An AZ CHL is good in TX

Me = Not for this

[Salty1]

IMO it is a very smart move to walk away from this sale. I would not put it past the Bloomberg crowd to send people here to purchase firearms without the proper documentation and then use that as an example. I also found the following.

Driver Licenses

An individual can legally drive with a valid, unexpired driver license from another state or country for up to 90 days after moving to Texas.

NOTE: The individual must apply in person at any driver license office for a Texas driver license within those 90 days to continue driving legally. An unexpired driver license from another U.S. state, U.S. territory or a Canadian province must be surrendered to DPS when applying for a Texas driver license.


This makes me wonder why he went through the trouble to get a Texas I.D card and not a drivers license....... something just does not seem right

[Grog]

He said he lived here but was going to school in AZ. So I'm not even sure if his TX ID was expired or current?

I told him if he got his TX DL we can deal, otherwise I can't.

It's also why I rarely drive more than 5 miles to sell something. I'm not wasting time and gas money on someone who might flake out. He drove from Ft Worth to Mesquite to get turned down. Must be worse than getting turned down on prom night.

[Seabear]

Interesting this came up. I was fixing to check on a similar situation. My Daughter and son in law live in Michigan. From what I read I would have to go through a dealer to give either one of them a gun. Correct?

I'm not talking about shipping it to them, I am talking about taking it with me on the next visit.

[Grog]

Looks like you would be required to do a transfer at a FFL.

18 USC § 922(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; . . .

[Jumping Frog]

Interesting this came up. I was fixing to check on a similar situation. My Daughter and son in law live in Michigan. From what I read I would have to go through a dealer to give either one of them a gun. Correct?

I'm not talking about shipping it to them, I am talking about taking it with me on the next visit.

Only other way is for you to die and bequeath them the firearms as part of your estate.

I suspect you'd prefer to use an FFL ...

[victory]

In this case, we know about the AZ DL so I wouldn't sell to him. However, in general, a Texas ID card with a Texas address is enough to buy from a dealer, so it wouldn't give me pause as long as it was the only ID that I saw.

[Seabear]

Interesting this came up. I was fixing to check on a similar situation. My Daughter and son in law live in Michigan. From what I read I would have to go through a dealer to give either one of them a gun. Correct?

I'm not talking about shipping it to them, I am talking about taking it with me on the next visit.

Only other way is for you to die and bequeath them the firearms as part of your estate.

I suspect you'd prefer to use an FFL ...

Roger that