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purchase handun in Oklahoma?

Posted: Sun Mar 04, 2012 7:27 am
by JustMe
I am in OKC and may want to buy a handgun while here. Can I? I mean buy & take with me without having to have it shipped to Texas. I can't seem to find the answer anywhere.

Thanks

Re: purchase handun in Oklahoma?

Posted: Sun Mar 04, 2012 7:33 am
by Beiruty
I believe you cannot take it with you since you are non-resident. What you can do, buy it and ship it to an FFL in texas and you can pick it up when you are back to Texas.

Re: purchase handun in Oklahoma?

Posted: Sun Mar 04, 2012 8:08 am
by Keith B
Beiruty is correct. You cannot buy a handgun out of state and take it with you. You can purchase one and have it shipped to a firearms dealer in Texas so they can do the paperwork for the transfer to you.

Re: purchase handun in Oklahoma?

Posted: Sun Mar 04, 2012 9:04 am
by Heartland Patriot
Keith B wrote:Beiruty is correct. You cannot buy a handgun out of state and take it with you. You can purchase one and have it shipped to a firearms dealer in Texas so they can do the paperwork for the transfer to you.
Just to verify, it is LONG guns that are alright to buy out of state as long as the state you are in and your state of residence have no laws against it. Your statement about handguns is correct due to Federal laws.

Re: purchase handun in Oklahoma?

Posted: Sun Mar 04, 2012 9:11 am
by Beiruty
Thanks for pointing me to Fed Regulations: Here is the quote:
(B2) From whom may an unlicensed
person acquire a firearm
under the GCA?
A person may only acquire a firearm
within the person’s own State,
except that he or she may purchase
or otherwise acquire a rifle or shotgun,
in person, at a licensee's premises
in any State, provided the sale
complies with State laws applicable in
177
the State of sale and the State where
the purchaser resides. A person may
borrow or rent a firearm in any State
for temporary use for lawful sporting
purposes.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27
CFR 478.29 and 478.30]

Re: purchase handun in Oklahoma?

Posted: Sun Mar 04, 2012 9:21 am
by speedsix
... (18U.S.C 922(a)(3) and 922(b)(3)....

...as found in ATF PUB 5300.4 Rev 9-05 General Questions (B3) on p.178

...re:rifles and shotguns ONLY (18U.S.C 922(a)(3) and (5). 922.(b)(3), 27 CFR 478.29 and 478.30)
(same ATF Pub page 177 General Question (B2)

...and Texas' Penal Code quote on law regarding same: " Sec. 46.07. INTERSTATE PURCHASE. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. This authorization is enacted in conformance with 18 U.S.C. Section 922(b)(3)(A).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.08 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.Amended by: Acts 2009, 81st Leg., R.S., Ch. 280, Sec. 1, eff. May 30, 2009."

Re: purchase handun in Oklahoma?

Posted: Sun Mar 04, 2012 4:04 pm
by Lambda Force
Ironically, that may be the only federal gun law that's constitutional.

Re: purchase handun in Oklahoma?

Posted: Sun Mar 04, 2012 10:55 pm
by JustMe
That just doesn't make any sense to me! If I am legal to buy a gun in one state--isn't it the same FBI check for all the states? Especially when you are talking neighboring states. I can be in OK in less than 15 minutes from my house! Just venting frustration--I found a gun I wanted at a good price, but paying the shipping/transfers etc--makes it less cost effective. And I could have used it today!

Re: purchase handun in Oklahoma?

Posted: Mon Mar 05, 2012 10:00 am
by RoyGBiv
In my opinion (this is not legal advice).... A TX resident with TX DL CAN can buy a gun in OK and drive it home..
Assuming they meet the eligibility criteria at the time of purchase... TX residency, by itself, would not disqualify.

http://crime.about.com/od/gunlawsbystat ... aws_ok.htm" onclick="window.open(this.href);return false;
Residents may purchase legal firearms and ammunition from contiguous states, and residents of contiguous states may purchase firearms and ammunition in Oklahoma.
Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
http://www.okcgunshow.com/okgregs.htm" onclick="window.open(this.href);return false;

Re: purchase handun in Oklahoma?

Posted: Mon Mar 05, 2012 10:29 am
by OldCannon
If you buy a _handgun_ in Oklahoma and take it back to Texas, you are breaking a federal law. If caught, you can be sure Attorney General Eric Holder will accuse you of attempting to smuggle guns into Mexico, wanting to assassinate innocent people, and stealing everybody's left shoe.

If an Oklahoma gun dealer sells you a _handgun_ and you present him with a document showing you are _not_ an Oklahoma resident, he is breaking a federal law. If caught, you can be sure Attorney General Eric Holder will accuse him of aiding and abetting terrorists (that would be you), donating money to Al Queda, and selling drugs to schoolchildren disguised as a nun.

The _only_ correct procedure is to have an Oklahoma FFL ship the handgun to a Texas FFL. Yes, you will pay a transfer fee and shipping, but neither the shipping FFL nor the receiving FFL will collect Texas sales taxes. Technically, you are still obligated to pay the state of Texas sales tax on any item you receive from out of state, but that goes for everybody and everything that comes into the state. Just like buying an huge HDTV from Amazon and saving a bundle because you didn't have to pay taxes, all it means is that you just didn't give the state their fair share voluntarily ;-)

You can take my advice or not. But I _do_ have the paperwork that says that somehow, somewhere, I demonstrated to the ATF a firm grasp of all the federal and state laws that apply to the sale and transportation of firearms, or at least faked it pretty good (I still think it's the latter :lol: ).

Re: purchase handun in Oklahoma?

Posted: Mon Mar 05, 2012 1:31 pm
by MoJo
:iagree: What OC said.

School children disguised as a nun. :smilelol5:

Re: purchase handun in Oklahoma?

Posted: Mon Mar 05, 2012 2:00 pm
by Jumping Frog
RoyGBiv wrote:In my opinion (this is not legal advice).... A TX resident with TX DL CAN can buy a gun in OK and drive it home..
Assuming they meet the eligibility criteria at the time of purchase... TX residency, by itself, would not disqualify
A clarification to make sure other readers don't misunderstand your partially correct advice. A TX resident can purchase long guns (rifle/shotgun) from an OK FFL, but it would be illegal to purchase a handgun.

It is never legal to have interstate private sales (non-FFL) of any firearm.

ETA: typo

Re: purchase handun in Oklahoma?

Posted: Mon Mar 05, 2012 3:33 pm
by OldCannon
Jumping Frog wrote:
RoyGBiv wrote:In my opinion (this is not legal advice).... A TX resident with TX DL CAN can buy a gun in OK and drive it home..
Assuming they meet the eligibility criteria at the time of purchase... TX residency, by itself, would not disqualify
A clarification to make sure other readers don't misunderstand your partially correct advice. A TX resident can purchase long guns (rifle/shotgun) from an OK FFL, but it would be illagel to purchase a handgun.
Yeah, that's why I wrote _handgun_ (with underscores around it) on my post. Rifle/shotgun are different. The ATF has "relaxed" rules when it comes to firearms used for hunting.
Jumping Frog wrote: It is never legal to have interstate private sales (non-FFL) of any firearm.
Definitely. Interestingly, this "crime" is one of the most-violated federal laws, and often by people innocently sending a deceased relatives handgun in the mail to another relative (ignorance of the law). This has resulted in a lot of pain and heartache for many people (not to mention legal fees).