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by srothstein
Sun Jul 10, 2011 3:10 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Gun purchase question
Replies: 15
Views: 3059

Re: Gun purchase question

FNguy wrote:
Pawpaw wrote:46.07 deals with Texas residents purchasing firearms in another state. There's nothing about selling to a non-resident in there.
PC §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).
What law deals with Texas residents purchasing alcohol in another state? I looked in the Texas Alcoholic Beverage Code and I don't see where it allows me to buy alcohol outside Texas. If I go to New Orleans and buy a hurricane drink at Pat O'Brien's, am I breaking Texas law?

What you are missing is the federal law on firearms. 18 USC 922 (b)(3) forbids anyone from purchasing a firearm in a state other than where they reside. It has an exception for the purchase of a rifle or shotgun if the purchase meets the local state laws. A few years back some people started pushing the interpretation that this stopped Texas residents from buying out of state because it was not specifically authorized in our laws. While I go with the concept that everything is permitted unless it is specifically forbidden, others decided to clear up any possible confusion by putting in a section specifically giving permission. Given that i am neither a lawyer nor a legislator, no one really asked my opinion on this, so the law is as it was written.

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