Trade gun across state lines

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1wise1
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Trade gun across state lines

#1

Post by 1wise1 »

Looking for advice: Got a guy in another state who wants to trade his pistol straight up for mine. If he comes to Texas with it we can't do the trade because he's not a resident... right?
He's suggesting he'll have his "friend" in Texas do the deal. OK? except, I know the friend doesn't own the pistol he's just doing a favor for the guy from out of state. Is there any way the Feds don't call this a straw purchase and hammer all involved?
What about the alternative of both of us going to an FFL and making the trade? Now the "friend" has to pass the NCIS background check, we both have to pay the FFL and the out of state guy has to figure out how to get the gun from the friend? How do I know the guy in the other state isn't an ATF guy trying to entrap me?
This isn't fast and furious, it's ponderous and archaic. So much for the 2nd amendment. But my original question remains; how do I do a simple trade?
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Wes
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Re: Trade gun across state lines

#2

Post by Wes »

I wouldn't do the deal with the friend, its against the law. I wouldn't do the deal with him if you don't involve an ffl, its against the law. You can get the ffl done for $20-25, its money well spent to not break the law.
Last edited by Wes on Sun Aug 11, 2013 5:59 am, edited 1 time in total.
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OldCannon
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Re: Trade gun across state lines

#3

Post by OldCannon »

Violation of federal law. Easy way to go to jail.

As Wes said, just do the transfer FFL to FFL.
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Jumping Frog
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Re: Trade gun across state lines

#4

Post by Jumping Frog »

BTW, needs to go through 2 FFL's.

You can only receive a handgun from an FFL in Texas.

He can only receive a handgun from an FFL in his home state.

Let him know that doing a swap is two felony counts, 10 years each.
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The Annoyed Man
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Re: Trade gun across state lines

#5

Post by The Annoyed Man »

Friends don't ask friends to engage in violations of federal laws. Just do the FFLs like everyone else says. You'll spend more than $20 on dinner tonight.
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JALLEN
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Re: Trade gun across state lines

#6

Post by JALLEN »

I was under the impression that one could buy handguns only in one's state of residence. When I lived in CA, I could only buy a handgun in CA. I could not, for example, buy a handgun from Cabela's in Buda and have it shipped to an FFL in CA.

Was I misinformed?
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SATX-Scrub
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Re: Trade gun across state lines

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Post by SATX-Scrub »

JALLEN wrote:I was under the impression that one could buy handguns only in one's state of residence. When I lived in CA, I could only buy a handgun in CA. I could not, for example, buy a handgun from Cabela's in Buda and have it shipped to an FFL in CA.

Was I misinformed?
Isn't that how gunbroker works? I've only purchased two handguns from inside Texas. All the rest came from dealers across the country. The problem with CA is that no outside dealers like shipping to CA, so therein lies the rub.
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JALLEN
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Re: Trade gun across state lines

#8

Post by JALLEN »

SATX-Scrub wrote:
JALLEN wrote:I was under the impression that one could buy handguns only in one's state of residence. When I lived in CA, I could only buy a handgun in CA. I could not, for example, buy a handgun from Cabela's in Buda and have it shipped to an FFL in CA.

Was I misinformed?
Isn't that how gunbroker works? I've only purchased two handguns from inside Texas. All the rest came from dealers across the country. The problem with CA is that no outside dealers like shipping to CA, so therein lies the rub.
The FFL is required to fax its license to DOJ or something to get cleared, something like that. They don't want to be bothered, and maybe it is a bit of protest too.

Now that I think about it, I believe I bought my 226 Navy from a dealer in Utah years ago, and had it DROS'd at the gun store in San Diego, which whined about not buying it from them in the first place. They had no Navy's.
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Re: Trade gun across state lines

#9

Post by 1wise1 »

Thanks for your opinions everybody... that's why I asked in the first place. Lawyer tells me if I didn't know the guy with the gun was from another state and he represents himself as a Texas resident (as in temporarily assigned here by the military) we can trade and walk away it's not my business what he does next or his business what I do next.
The FFL question was just in there to distract you. A Texas FFL can transfer his gun to me, but has to send my gun to another FFL in the new owner's state. It appears to be optional for FFL's as to whether they will receive a gun from an individual or require that it be shipped to them by another FFL (as in gun dealer) Some will, some will not.
The California deal is a zebra of another stripe. That state changes its gun laws weekly when the legislature gets bored with raising taxes. Gun manufacturers endure it because they profit on volume. Individual dealers don't want to screw with it.
Like you, I'm still waiting for the indictments and arrests from the Fast and Furious straw purchases by Federal employees.
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pancho
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Re: Trade gun across state lines

#10

Post by pancho »

Now that he told you he's not a Texas resident, I would refuse the trade. Maybe he's a fed trying to sting you or maybe he just can't keep his moth shut. Either way, there's too much risk for a FTF trade now, and unless it's something really rare and desirable, FFL fees and shipping devalue the trade too much.
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RoyGBiv
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Re: Trade gun across state lines

#11

Post by RoyGBiv »

You only need 1 ffl. Seller can ship the gun to a TX ffl, since the first f is for federal.

I sold to a NC buyer a few years ago via a NC ffl. Shipped via FedEx direct to ffl. Cake.
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Keith B
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Re: Trade gun across state lines

#12

Post by Keith B »

RoyGBiv wrote:You only need 1 ffl. Seller can ship the gun to a TX ffl, since the first f is for federal.

I sold to a NC buyer a few years ago via a NC ffl. Shipped via FedEx direct to ffl. Cake.
You missed that they are wanting to trade pistol-for pistol. Will have to be 2 FFL's involved (one from each state of residence)
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Re: Trade gun across state lines

#13

Post by JSThane »

The whole thing is a sham.

Yes, it is legally a felony to transfer a pistol across state lines without an FFL. But...

But it's one of those "crimes" that happens with regular frequency, with no victims, no property damage, no ill effects. Any two states with vibrant firearms cultures sharing a border will have hundreds, if not thousands, of "unconvicted criminals" along that border. Gun show walkers who decide to swap rifles, high school friends that buy a shotgun to help out in tough times (and then sell it back when the money's there again), family members selling and giving firearms back and forth.

Felonies.

It's long, long past time to get rid of all this nonsense. All this does is put honest people's freedoms and futures in jeopardy, and gives LE yet another endless stack of regulations they're supposed to enforce, without any rhyme or reason for the enforcement other than "It's the law."

:banghead:
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Re: Trade gun across state lines

#14

Post by Keith B »

JSThane wrote:The whole thing is a sham.

Yes, it is legally a felony to transfer a pistol across state lines without an FFL. But...

But it's one of those "crimes" that happens with regular frequency, with no victims, no property damage, no ill effects. Any two states with vibrant firearms cultures sharing a border will have hundreds, if not thousands, of "unconvicted criminals" along that border. Gun show walkers who decide to swap rifles, high school friends that buy a shotgun to help out in tough times (and then sell it back when the money's there again), family members selling and giving firearms back and forth.

Felonies.

It's long, long past time to get rid of all this nonsense. All this does is put honest people's freedoms and futures in jeopardy, and gives LE yet another endless stack of regulations they're supposed to enforce, without any rhyme or reason for the enforcement other than "It's the law."

:banghead:
Long guns are legal to trade or sell state-to-state, just not handguns. Silly rule for sure.
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dizzyahn
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Re: Trade gun across state lines

#15

Post by dizzyahn »

As I recall all you need to have is a mutual agreement between both parties, on paper if you want. There is no law against trading of firearms.
Cause in the state of TX the only thing that is required of you to purchase a firearm is a Texas ID. I could be from Alaska, come to Texas get me a Texas ID and would be allowed to purchase a firearm.
Last edited by dizzyahn on Sun Aug 11, 2013 7:20 pm, edited 1 time in total.
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