TexasCHLforum.com

Hello Group,

A friend of mine is wanting to buy one of my guns. What do I need to get from him?

He is a resident of Indiana with a Concealed Carry Permit from Indiana.

I am in Texas, he is in Texas.

Can I legally sell to him? Since he is not a Texas resident.

Thanks
Jim

As I understand it, since your buddy is legally a resident of Indiana, failure to transfer a firearm through an FFL holder in Indiana may very well land you in some very hot water if the transfer is discovered by law enforcement and it can be proven that you sold it to him.

Thanks,

That is what I thought. I can sell to a Texas resident FTF ONLY. All else have to go thru a FFL

Thanks Jim

HankB wrote:As I understand it, since your buddy is legally a resident of Indiana, failure to transfer a firearm through an FFL holder in Indiana may very well land you in some very hot water if the transfer is discovered by law enforcement and it can be proven that you sold it to him.

i dont know about that...you might want to do some checking into it before you decide to send it off to an FFL and pay the fee...if you were visiting him, there wouldnt be any issues with you just handing him over the gun, so it seems that the only issue here is mailing it off...have him look into in on his end and check you yours before you do the ffl route....

Is it a handgun or a long gun? Laws are different for each. A handgun would have to go through a FFL and long gun does not if I remember correctly.

This is a subject that has been broached previously.

I'm still not convinced that it's anybody's business who I sell my personal guns to anymore than it's anybody's business if I trade a handgun for another handgun...as long as the weapons are legal weapons and the transactions are personal. For instance, my brother, who lives in another state, sold me a pistol while visiting in this state a couple of years ago. Folk, that ain't nobody's business but mine and Bob's.

Give him the pistol as a gift, then if he happens to tip you for delivering it.....

Unlike concealed carry on government property, or building a machine gun in your garage, or growing marijuana in your backyard for personal use, commerce between states is mentioned in the constitution as something the government can regulate.

bizarrenormality wrote:Unlike concealed carry on government property, or building a machine gun in your garage, or growing marijuana in your backyard for personal use, commerce between states is mentioned in the constitution as something the government can regulate.

From Merriam Webster on-line:

Main Entry: 1com·merce
Pronunciation: \ˈkä-(ˌ)mərs\
Function: noun
Etymology: Middle French, from Latin commercium, from com- + merc-, merx merchandise
Date: 1537
1 : social intercourse : interchange of ideas, opinions, or sentiments
2 : the exchange or buying and selling of commodities on a large scale involving transportation from place to place
3 : sexual intercourse

I fail to see where the private sale/exchange of a firearm between private citizens meets any of the above definitions of "commerce".

jlb27537 wrote:Hello Group,
A friend of mine is wanting to buy one of my guns. What do I need to get from him?
He is a resident of Indiana with a Concealed Carry Permit from Indiana.
I am in Texas, he is in Texas.
Can I legally sell to him? Since he is not a Texas resident.
Thanks
Jim

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60" onclick="window.open(this.href);return false;

Scroll down a screen or two the the section "Acquiring Firearms" and subsection "Sales Between Individuals"; It says, and I quote:

"An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence."

grumble wrote:

jlb27537 wrote:Hello Group,
A friend of mine is wanting to buy one of my guns. What do I need to get from him?
He is a resident of Indiana with a Concealed Carry Permit from Indiana.
I am in Texas, he is in Texas.
Can I legally sell to him? Since he is not a Texas resident.
Thanks
Jim

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60" onclick="window.open(this.href);return false;

Scroll down a screen or two the the section "Acquiring Firearms" and subsection "Sales Between Individuals"; It says, and I quote:

"An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence."

IANAL; however, I believe the operative word in the above paragraph is "transfering". One must go through a FFL if the firearm is transferred (sold) across state lines. That's my story and I'm sticking to it.

I would have your bro/friend contact a gun shop/FFL in his state and ask them. Or just be on the safe side and get a transfer.

OK, let me clear things.

The gun in question is a pistol. NOT a long gun.
He is in Texas, but he is a resident of Indiana and has a CHL from Indiana.
There is no shipping involved.
This would be a FTF sale.
The issue is....I, as a Texas resident would be selling a pistol to a Indiana Resident, both being in Texas at the time of the sale.

I read on the net, that I can only sell to another resident of Texas, since I am a resident of Texas. The FTF sale to a non Texas resident would require it to be sent to a FFL in Indiana, since that is where the buyer is a resident.

Any thoughts, guys. He really wants to buy this pistol, but I do not want to risk my CHL. I read that in a will or such this does not apply. I can not just give it to him since he is a friend, not a relative.

Thanks, Jim

Probably the only way a Texas gun could get to an Indiana resident without an FFL and not get either party in hot water if found out would be if the Texas resident sold it to another Texas resident, who then subsequently moved to Indiana and sold the gun there. Or if some party other than the original owner or ultimate purchaser moved it between states in some undetermined manner.

It's not easy being law abiding . . . especially when the laws are asinine.

jlb27537 wrote:OK, let me clear things.

The gun in question is a pistol. NOT a long gun.
He is in Texas, but he is a resident of Indiana and has a CHL from Indiana.
There is no shipping involved.
This would be a FTF sale.
The issue is....I, as a Texas resident would be selling a pistol to a Indiana Resident, both being in Texas at the time of the sale.

I read on the net, that I can only sell to another resident of Texas, since I am a resident of Texas. The FTF sale to a non Texas resident would require it to be sent to a FFL in Indiana, since that is where the buyer is a resident.

Any thoughts, guys. He really wants to buy this pistol, but I do not want to risk my CHL. I read that in a will or such this does not apply. I can not just give it to him since he is a friend, not a relative.
Thanks, Jim

Don't ask, don't tell.