Told no when attempted to buy AR from Bass Pro

[Medic624]

My Son in laws father is in town from Oregon to see our new grandson. He has wanted an AR for a while and, after shooting mine went to go buy one at Bass Pro... Well, when he handed the salesman his Oregon license he told him he couldnt sell him the gun. When he asked why not he told him unless he lived in a state that touched Texas he was not allowed to sell him one...

Am I uninformed on a law regarding purchasing guns in TX or is this just a Bass Pro deal??

[SigM4]

Depends on what your understanding of the law is. Technically, you can buy long guns in any state so long as the gun is legal to own in the state of purchase and your state of residence. However, that is a very basic explanation. Depending on the state you're trying to purchase in and your state if residence things get a little trickier. Some retailers have just said no to the whole process and simply refuse to sell to anyone from out of state. While others are still under the impression (as in this case) that they can only sell to residents of neighboring states.

Strangely enough Walmart used to be really good at selling to out-of-state buyers in other states. If you look sometimes you'll even see an old map hanging at the sporting goods counter that outlines who they'll sell what to.

Here's the relevant info from the ATF website.

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]

Of course this all pertains to rifles and shotguns. Pistols are a whole other topic. Sounds like he either got an uneducated clerk, or Bass Pro just doesn't want to deal with it.

[Chemist45]

I believe this is a state law. IANAL but I have heard this quoted since I got here.

[Medic624]

Huh... well thanks for the replies. Id have never guessed...

[srothstein]

I think it is an old law that is no longer in effect. I have heard it in the past but cannot find it now in a quick search of the federal law. I remember that Texas passed a new law (PC 46.07) to comply with federal law a few years ago and it does not limit us to bordering states.

[Jrangel]

We are not aware of a state law that prohibits the sale of a long gun for a non Texas resident.

Handguns, lower receivers or any firearm that is classified per the ATF as Other is a NO.

There is always the option of selling and shipping it to his/her FFL.

if the client lives in California, New York, New Jersey or Cook County IL answer is

I agree with SigM4, business policy or uneducated clerk.

[Keith B]

It's actually not a Texas thing, it is an Oregon. This is leftover from the GCA 68 rules where you could only buy a long gun from a dealer in a contiguous state. Many states set the laws in their states to follow that rule. Federal law was changed to allow a sale of the gun to a person from any state so long as their state allowed it.

Oregon still has the law in place, so Bass Pro in Texas can't sell a long gun to an Oregon resident without transferring it to an FFL in Oregon. Missouri used to have that law in place, but changed it a few years ago. I can now buy a long gun in that state and haul it back to Texas with no problem.

Here is a list of states that still have the rule in place https://www.nssf.org/factsheets/PDF/Con ... strict.pdf" onclick="window.open(this.href);return false;

[SigM4]

Here is a list of states that still have the rule in place https://www.nssf.org/factsheets/PDF/Con ... strict.pdf" onclick="window.open(this.href);return false;

There is it. Good reference info. As Keith says, its an Oregon thing it seems. Tough to keep track of all these different states and how they view the laws.

[nyj]

It may be an Oregon restriction, but I'd guess it's more likely a Bass Pro policy just to protect themselves. It's doubtful they're aware of Oregon's specific laws.

[C-dub]

It's actually not a Texas thing, it is an Oregon. This is leftover from the GCA 68 rules where you could only buy a long gun from a dealer in a contiguous state. Many states set the laws in their states to follow that rule. Federal law was changed to allow a sale of the gun to a person from any state so long as their state allowed it.

Oregon still has the law in place, so Bass Pro in Texas can't sell a long gun to an Oregon resident without transferring it to an FFL in Oregon. Missouri used to have that law in place, but changed it a few years ago. I can now buy a long gun in that state and haul it back to Texas with no problem.

Here is a list of states that still have the rule in place https://www.nssf.org/factsheets/PDF/Con ... strict.pdf" onclick="window.open(this.href);return false;

Keith is correct. Bass Pro got it right, but for the wrong reason. They could sell it to another person from a state that has done away with this law. It was just unfortunate that Oregon hasn't yet.

I bought my M4 in Kansas on a trip there a couple years ago and every time I go back into that store they're always trying to sell me another rifle or shotgun since they know I can take it with me.

[Keith B]

It may be an Oregon restriction, but I'd guess it's more likely a Bass Pro policy just to protect themselves. It's doubtful they're aware of Oregon's specific laws.

I bet they do know. Almost any store is going to know if they can or can't sell to an out of state individual. I will bet the buyer thought they menat it had to be a state adjoining Texas but actually had to be a state adjoining Oregon. All Bass Pro has to do it have a copy of the document I posted.

[rockinar]

Regardless, the seller has the right to refuse the sale for any reason. I would not have sold to an out of state buyer too. Even on a long gun.

[CleverNickname]

Regardless, the seller has the right to refuse the sale for any reason. I would not have sold to an out of state buyer too. Even on a long gun.

Well you (I'm assuming) are not an FFL, so as a non-licensee it doesn't matter what type of gun or what other state they're from. It would have to go through an FFL.

[winters]

Don't bother with bass pro shop. 98% of the time they are over priced by more then 100 dollars. A lot of their salesmen/managers don't know the correct gun laws. Go to a real gun shop or gun show. The one near me has a salesman that is convinced he knows more about guns and gun laws then anyone else because he has been doing it for 10 years.

I do almost all my gun buys at the gun show. My father is convinced buying from a retail location is better because if their is a problem they will take care of it. But most places like bass pro/academy and such don't allow returns or exchanges for firearms.

I do have a favorite salesmen at bass pro near me that knows a lot about optics and guns for f class shooting. So it just depends.

[hounddog]

I don't know about the rest of you, but I'm sick to the core of the morons running things in our country. Any grown, honest, eligible American should be able to purchase a shotgun or long rifle any where in this country using any photo I.D. in their pocket. No ifs, ands or buts about it. It makes me want to throw up nearly every day seeing stuff like this taking place. Maybe all the good guys should ban together as a secret society and everyone get another good guy to make the purchase for them. As long as we all know each other and who buys what, they will never figure out in a million years who's got what. Pardon the rant.