firearm sale question

CHL discussions that do not fit into more specific topics

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Opie
Junior Member
Posts in topic: 1
Posts: 23
Joined: Fri Feb 08, 2008 1:22 pm

Re: firearm sale question

#16

Post by Opie »

zero4o3 wrote:
GunLaw wrote:i can run simple background checks, im a law student so i have access to a couple databases. it's not an amazing system, but it will detect felonies and whatnot.
your not required to look for a reason not to sell him the gun, you just cant sell it to him if you know he cant own it. so if he told you that he wanted to buy your gun because he tried to buy a gun from retail chain and was declined or maybe if he said he really liked your gun because his cell mate talked highly of them ;-)
We have a winner!
If you can't be kind, at least have the decency to be vague.
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03Lightningrocks
Senior Member
Posts in topic: 1
Posts: 11454
Joined: Tue Apr 08, 2008 5:15 pm
Location: Plano

Re: firearm sale question

#17

Post by 03Lightningrocks »

I have always found it interesting that fellers from a forum that caters to firearm owners, would want to add gun restrictions of their own while proclaiming to be for the RTKBA. :txflag:

tomc
Senior Member
Posts in topic: 1
Posts: 308
Joined: Thu Sep 15, 2005 10:42 am
Location: Dallas

Re: firearm sale question

#18

Post by tomc »

Ya'll keep in mind that only pistols are restricted to in-state sales only. Long guns, rifles and shotguns, are free to be sold to out-of-state residents as long as state law allows for it which Texas does and you know of no reason the purchaser would be forbidden to own firearms. Only a very few states prohibit long gun sales to out-of-state residents. Any FFL please correct me if i'm wrong.
be safe,
be prepared,
tomc

hirundo82
Senior Member
Posts in topic: 2
Posts: 1001
Joined: Sat Jan 14, 2006 10:44 pm
Location: Houston

Re: firearm sale question

#19

Post by hirundo82 »

tomc wrote:Ya'll keep in mind that only pistols are restricted to in-state sales only. Long guns, rifles and shotguns, are free to be sold to out-of-state residents as long as state law allows for it which Texas does and you know of no reason the purchaser would be forbidden to own firearms. Only a very few states prohibit long gun sales to out-of-state residents. Any FFL please correct me if i'm wrong.
Not an FFL (well, not a retail FFL), but that's incorrect. A private citizen may not transfer any firearm to a person who is not a resident of their state. An FFL may transfer a rifle of shotgun to a resident of another state as long as the laws of both state allow it.
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; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
Short version: private party sales between residents of different states are always illegal.
"The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation." Barack Obama, 12/20/2007
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