Selling firearms to a Non-Texas resident

[dklag37]

I was just looking for some wisdom. My brother is in town from California and he likes one of my guns. He is a police officer in California and wanted to purchase my gun as a back up gun since it is approved by his department. Would I be able to sell it to him? Any information would help. Thanks.

[seamusTX]

You can sell a long gun to a non-resident in Texas, but you are legally required to go through an FFL.

This is the relevant BATFE FAQ: http://www.atf.gov/firearms/faq/faq2.htm#b1" onclick="window.open(this.href);return false;

California has a whole bunch of weird requirements, but I guess your brother would know how to deal with them.

- Jim

[dklag37]

But since he is here in Texas, would I be able to sell it to him FTF with a bill of sale? I know I would be able to do this with a Texas resident as long as he is legally allowed to. I was just wondering if I could sell it to my brother while he is here. Thanks.

[seamusTX]

Sorry, I was looking up the federal law while you replied.

Federal law prohibits unlicensed sales between people who are not residents of the same state.

I added the link in my earlier message. This is the same link: http://www.atf.gov/firearms/faq/faq2.htm#b1" onclick="window.open(this.href);return false;

- Jim

[dklag37]

Thanks for the info Seamus.

[seamusTX]

You're welcome.

BTW, federal law uses the term transfer, not buy or sell. Therefore, it is illegal to give a firearm to an out-of-state resident as a gift.

- Jim

[dklag37]

So I would be able to ship it to a FFL to legally transfer it over to my brother in California?

[dklag37]

I mean ship it to a FFL in California to transfer it to my brother.

[Reserve161]

My suggestion would be for you both to go to a FFL while he is here in town,
and let that ffl receive the weapon from you, log it, and then transfer it to
your brother.

If you have or know of a FFL that is close to you.

Bryan

[Rex B]

I did not know one could do that.

So if I want to transfer a pistol to my son in Florida, I can just take him to my local FFL and then he can carry it home with him?

[MechAg94]

As I understand it, that is how it is done between people selling firearms through gun broker or over forums. You or your FFL ship it to the FFL in California who does the transfer paperwork to the receiver. Since California has more strict gun laws, I guess the FFL over there can say whether or not the gun is legal in Cali.

[Rex B]

That's how I've always understood it too.
The earlier post made it sound like we could do the transfer locally without shipping between two FFLs.

[seamusTX]

So if I want to transfer a pistol to my son in Florida, I can just take him to my local FFL and then he can carry it home with him?

No. You can receive a handgun only in your state of residence.

You can buy a long gun from an FFL in another state, if the laws of both states allow it.

Now that I look at the original question, I don't know why I thought it was about a long gun. I'm sorry for the confusion.

- Jim

[Stupid]

You cannot - not knowingly; nor can a local FFL.

The only option is to have your local FFL ship to his local FFL, then he get the gun from his FFL.

Once you factor in all the cost, it would be easily $100. Probably cheaper just order one online.

[Mike1951]

Many FFL's, though I can't say about those in California, will accept a shipment from an individual.

Call the California dealers that your brother deals with. If you find one that will accept a handgun shipped from an individual, you will save the transfer fee on your end.

Know that California recently passed new restrictions on firearms shipped to California that may prevent this. Because of these restrictions, many online and local dealers will no longer ship anything to FFL's in California. If I can locate those restrictions, I post them here.