Trading firearms FTF with Texas owner???

[bboni2`]

Hey guys, tried to do some research but just wanted to double check with the community. Have someone I plan to trade firearms with - my rifle for his handgun. The other person lives just across the Texas border and I wasn't sure how to go about this legally. We plan on doing this face to face. Do we need FFL?

 

[JBP55]

Out of State I would ship and receive from an FFL.

 

[AustinBR]

Out of State I would ship and receive from an FFL.

From my understanding, this is the only legal way to do this.

 

[echo515x]

what if you’re not 21 yet trying to buy a pistol because the only legal way to do that is private sale. does the FFL have to do a background check or is it just shipped and handed over?


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[dantheman]

Oh , this is going to be good ..

 

[hunter5567]

what if you’re not 21 yet trying to buy a pistol because the only legal way to do that is private sale. does the FFL have to do a background check or is it just shipped and handed over?


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If it's coming from out of state, it has to be shipped to a FFL in this state. You will have to do a background check to get the handgun from the FFL in this state, which means you have to be 21 and over.

 

[Cheesy Lasagna]

what if you’re not 21 yet trying to buy a pistol because the only legal way to do that is private sale. does the FFL have to do a background check or is it just shipped and handed over?


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FFL must perform a NICS check.

 

[krotsman]

Y'all keep saying "shipped". You can meet him ftf and physically go to a ffl and they can do the transfer rt then. It doesn't have to be shipped

 

[pandabear]

what if you’re not 21 yet trying to buy a pistol because the only legal way to do that is private sale. does the FFL have to do a background check or is it just shipped and handed over?


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If you have to ask, it's no, so,, don't ask!

 

[Big H]

Ditto JBP555---only l legal way---

 

[Big H]

It's MY UNSDERSANDING an FFL can sell and transfer a long gun in Texas or La. to a legal aged person from out of state but cannot do so for a handgun---legality on the receiver's end is determined by a check by receiving FFL doing a background check. Someone correct if my understanding is incorrect---

 

[DBMJR1]

To whom may an unlicensed person transfer firearms under the GCA?​

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.
Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.
A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.
A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

 

[Big H]

OK--- then being in the active military also brings more rules and regulations--

 

[DBMJR1]

My advice is worth exactly what I'm charging you.

Have the other party transport the handgun to an FFL in Louisiana that you have confirmed will receive a transfer from a private individual.
Bring the long gun with you. The FFL can transfer a long gun across state lines but not a handgun.

Have the FFL enter them into his/her bound book.
Fill out 4473's. Pass a background check. Pay your fees.
Everyone is happy, . . . except

Be aware. If you can not pass the background check for the firearm, the owner must fill out another 4473 to get his own gun back. If he can't pass the background check, the gun is in a legal limbo.

Best if you have a CHP to avoid the NICS process, and you confirm that the FFL will transfer on that basis.

Everything should be cleared with the FFL before arrival for a happier experience. Some FFL's have weird rules that exceed the requirements of the law.

 

[Big H]

Exactly---sounds good to me---Thanks!

 

[machinedrummer]

What if one identifies as a dual resident?

 

[MetalVendor]

On another note, trading a primary weapon for a secondary weapon, eh? Interesting.

 

[340six]

So far a few post from member's who are stating to brake the law have been taken down.
They know better.
The law has been posted!
Now the OP and anyone who reads this thread has the information to make the transaction right.
To prevent any more post stating openly to brake the law the thread is now locked.