Texas resident at Tulsa Gun show question

[wo5m]

In April of this year I decided to make my first trip to the Tulsa Gun show. I had to admit I was blown away by its size. I didn’t come back with any firearms, but my wife was looking at a revolver she liked(mainly because it was pink ). Let’s say I decided to buy it, its it illegal for me to buy handguns across state lines without shipping it to a local FFL? How would the scenario change if the dealer was an Texas FFL?

[Ameer]

In April of this year I decided to make my first trip to the Tulsa Gun show. I had to admit I was blown away by its size. I didn’t come back with any firearms, but my wife was looking at a revolver she liked(mainly because it was pink ). Let’s say I decided to buy it, its it illegal for me to buy handguns across state lines without shipping it to a local FFL?

Long guns have some exceptions but handguns must be transferred in your state of residence.

How would the scenario change if the dealer was an Texas FFL?

It doesn't make any difference legally. However, it could make logistics easier because you could pick it up at their Texas premises, or you and the dealer could arrange to meet somewhere else in Texas (a gun show, for example) to do the transfer.

[Jumping Frog]

Also be aware that it is always illegal to do a direct person-to-person private sale when the parties are residents of different states. Those transfers must go through an FFL.

[Bullwhip]

Really stupid thing about the law is, two Texans who don't know each other can hook up for a private sale in Tulsa and FTF sell a handgun. If they are both Texas residents it don't matter where the sale is.

[seamusTX]

I don't think this is the case.

The exact text of 18 U.S.C. 922(a)(3) is that it shall be unlawful "for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides ... any firearm purchased or otherwise obtained by such person outside that State, ..."

There are exceptions that are not relevant to this discussion.

In other words, as I understand this law, you could hypothetically acquire a handgun in another state, but you would break federal law when you crossed the state line.

Back in 1968, respect for the U.S. Constitution still forced laws to be framed in terms of interstate commerce.

Anyway, with BATFE and local police stings at gun shows, I wouldn't mess around in this area. It couldn't possibly be worth the trouble to get crosswise with the feds.

- Jim

[seamusTX]

How would the scenario change if the dealer was an Texas FFL?

This can't happen.

An FFL is licensed to a single location and gun shows in the same state. A Texas dealer cannot operate at a gun show in Oklahoma.

Even chain stores like Cabela's or Bass Pro have a separate license for each physical location.

- Jim