TexasCHLforum.com

A friend asked.

I didnt know.

She has her Texas LTC, will it be as simple as in Texas? Or will they require her wait or who knows what? She’s in a gun friendly state that has reciprocity with Texas.

philip964 wrote: Fri Sep 03, 2021 11:23 am A friend asked.

I didnt know.

She has her Texas LTC, will it be as simple as in Texas? Or will they require her wait or who knows what? She’s in a gun friendly state that has reciprocity with Texas.

Depends upon the type of firearm. Long guns like rifles and shotguns, no problem AFAIK, unless the other state has some law against it. Handguns must be transferred to an FFL in Texas, and the paperwork accomplished here. BTW, that's all according to FEDERAL law.

philip964 wrote: Fri Sep 03, 2021 11:23 am A friend asked.

I didnt know.

She has her Texas LTC, will it be as simple as in Texas? Or will they require her wait or who knows what? She’s in a gun friendly state that has reciprocity with Texas.

Is she a resident of the other state? Or of Texas? If she is resident in the other state, then she may buy a long gun or handgun from a dealer and take it to Texas while visiting. If she moves to Texas, she can take the guns she bought in the other state to Texas when she moves too.

Federal law requires that a handgun purchase from a dealer or person outside your home state must go through an FFL in your home state. If the friend is a Texas resident, wanting to purchase a handgun in, Oklahoma, for example, the seller in OK would need to ship the handgun to an FFL in Texas. Your friend would not be legally allowed to take possession of the gun while in Oklahoma. After legally obtaining the handgun from the TX FFL, your friend could legally carry it back and forth between TX and OK. If they permanently relocated to OK, I am not aware of any restrictions or additional transfers via FFL required to retain possession of the handgun after the move to OK.

Long guns do not have such restrictions.

This is my OPINION. I am not a lawyer. This is not legal advice.

Very helpful. Thank you.

I assumed there was no problem as long as she was buying the gun for herself. But obviously I was wrong.

Didn’t know about the federal handgun requirement.

I’ll let her know. Thanks.

RoyGBiv wrote: Fri Sep 03, 2021 1:25 pm Federal law requires that a handgun purchase from a dealer or person outside your home state must go through an FFL in your home state. If the friend is a Texas resident, wanting to purchase a handgun in, Oklahoma, for example, the seller in OK would need to ship the handgun to an FFL in Texas. Your friend would not be legally allowed to take possession of the gun while in Oklahoma. After legally obtaining the handgun from the TX FFL, your friend could legally carry it back and forth between TX and OK. If they permanently relocated to OK, I am not aware of any restrictions or additional transfers via FFL required to retain possession of the handgun after the move to OK.

Long guns do not have such restrictions.

This is my OPINION. I am not a lawyer. This is not legal advice.

So, do I understand you correctly that, as a Texas resident, I could for instance lawfully purchase a shotgun or rifle while in Colorado, face to face from either a Colorado FFL or a Colorado private seller, without having to transfer it through a Texas FFL?

I’m not saying that’s incorrect, but I am saying that it is inconsistent with what I’ve understood to this point in time. Seeking clarification.

The Annoyed Man wrote: Sat Sep 04, 2021 12:03 am

RoyGBiv wrote: Fri Sep 03, 2021 1:25 pm Federal law requires that a handgun purchase from a dealer or person outside your home state must go through an FFL in your home state. If the friend is a Texas resident, wanting to purchase a handgun in, Oklahoma, for example, the seller in OK would need to ship the handgun to an FFL in Texas. Your friend would not be legally allowed to take possession of the gun while in Oklahoma. After legally obtaining the handgun from the TX FFL, your friend could legally carry it back and forth between TX and OK. If they permanently relocated to OK, I am not aware of any restrictions or additional transfers via FFL required to retain possession of the handgun after the move to OK.

Long guns do not have such restrictions.

This is my OPINION. I am not a lawyer. This is not legal advice.

So, do I understand you correctly that, as a Texas resident, I could for instance lawfully purchase a shotgun or rifle while in Colorado, face to face from either a Colorado FFL or a Colorado private seller, without having to transfer it through a Texas FFL?

I’m not saying that’s incorrect, but I am saying that it is inconsistent with what I’ve understood to this point in time. Seeking clarification.

https://www.atf.gov/firearms/qa/may-lic ... ther-state

In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

ETA.. Not at all sure about private party long gun sales interstate.

RoyGBiv wrote: Sat Sep 04, 2021 3:56 am

The Annoyed Man wrote: Sat Sep 04, 2021 12:03 am

RoyGBiv wrote: Fri Sep 03, 2021 1:25 pm Federal law requires that a handgun purchase from a dealer or person outside your home state must go through an FFL in your home state. If the friend is a Texas resident, wanting to purchase a handgun in, Oklahoma, for example, the seller in OK would need to ship the handgun to an FFL in Texas. Your friend would not be legally allowed to take possession of the gun while in Oklahoma. After legally obtaining the handgun from the TX FFL, your friend could legally carry it back and forth between TX and OK. If they permanently relocated to OK, I am not aware of any restrictions or additional transfers via FFL required to retain possession of the handgun after the move to OK.

Long guns do not have such restrictions.

This is my OPINION. I am not a lawyer. This is not legal advice.

So, do I understand you correctly that, as a Texas resident, I could for instance lawfully purchase a shotgun or rifle while in Colorado, face to face from either a Colorado FFL or a Colorado private seller, without having to transfer it through a Texas FFL?

I’m not saying that’s incorrect, but I am saying that it is inconsistent with what I’ve understood to this point in time. Seeking clarification.

https://www.atf.gov/firearms/qa/may-lic ... ther-state

In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

ETA.. Not at all sure about private party long gun sales interstate.

Thank you. I suppose I could have invested the time and checked it out for myself, but I’m kinda lazy.

It has been several years now and the laws have only gotten better. I purchased my M4 (not a real select fire one, but it does say M4 on the receiver) in Kansas and brought it back to my parents house there to shoot and then home with me to Texas. My Texas CHL did not get me out of the NICS check in Kansas and it was from an FFL and I did do the form and everything.

There used to be a Texas law that long guns purchased from a state that did not border with Texas had to be shipped back to Texas and transferred through an FFL, but that was done away with before I bough my carbine. However, as others have mentioned, it depends on the other states' laws. In their state, abide by their laws. Handguns still must be transferred though an FFL out of that state and back home in Texas, but that is federal law.

The Annoyed Man wrote: Sat Sep 04, 2021 12:03 am

RoyGBiv wrote: Fri Sep 03, 2021 1:25 pm Federal law requires that a handgun purchase from a dealer or person outside your home state must go through an FFL in your home state. If the friend is a Texas resident, wanting to purchase a handgun in, Oklahoma, for example, the seller in OK would need to ship the handgun to an FFL in Texas. Your friend would not be legally allowed to take possession of the gun while in Oklahoma. After legally obtaining the handgun from the TX FFL, your friend could legally carry it back and forth between TX and OK. If they permanently relocated to OK, I am not aware of any restrictions or additional transfers via FFL required to retain possession of the handgun after the move to OK.

Long guns do not have such restrictions.

This is my OPINION. I am not a lawyer. This is not legal advice.

So, do I understand you correctly that, as a Texas resident, I could for instance lawfully purchase a shotgun or rifle while in Colorado, face to face from either a Colorado FFL or a Colorado private seller, without having to transfer it through a Texas FFL?

I’m not saying that’s incorrect, but I am saying that it is inconsistent with what I’ve understood to this point in time. Seeking clarification.

Not from a private seller. Only from a FFL.

What state is the firearm being purchased from? Someone could go and pull the correct information for you and we can all stop guessing. Laws change every year and without knowing the state we can't give the correct laws.

Deitz83 wrote: Sat Sep 04, 2021 2:49 pm What state is the firearm being purchased from? Someone could go and pull the correct information for you and we can all stop guessing. Laws change every year and without knowing the state we can't give the correct laws.

Federal law doesn't change every year. It is unlawful to buy a handgun in another state that you don't reside in. In many cases it is lawful to buy a long gun from a FFL dealer, out of state. But it is against federal law to buy any firearm out of state in a private party sale.

The Annoyed Man wrote: Sat Sep 04, 2021 7:50 am

RoyGBiv wrote: Sat Sep 04, 2021 3:56 am

The Annoyed Man wrote: Sat Sep 04, 2021 12:03 am

RoyGBiv wrote: Fri Sep 03, 2021 1:25 pm Federal law requires that a handgun purchase from a dealer or person outside your home state must go through an FFL in your home state. If the friend is a Texas resident, wanting to purchase a handgun in, Oklahoma, for example, the seller in OK would need to ship the handgun to an FFL in Texas. Your friend would not be legally allowed to take possession of the gun while in Oklahoma. After legally obtaining the handgun from the TX FFL, your friend could legally carry it back and forth between TX and OK. If they permanently relocated to OK, I am not aware of any restrictions or additional transfers via FFL required to retain possession of the handgun after the move to OK.

Long guns do not have such restrictions.

This is my OPINION. I am not a lawyer. This is not legal advice.

So, do I understand you correctly that, as a Texas resident, I could for instance lawfully purchase a shotgun or rifle while in Colorado, face to face from either a Colorado FFL or a Colorado private seller, without having to transfer it through a Texas FFL?

I’m not saying that’s incorrect, but I am saying that it is inconsistent with what I’ve understood to this point in time. Seeking clarification.

https://www.atf.gov/firearms/qa/may-lic ... ther-state

In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

ETA.. Not at all sure about private party long gun sales interstate.

Thank you. I suppose I could have invested the time and checked it out for myself, but I’m kinda lazy.

It's a holiday weekend. I can understand being lazy. No problem.