Private Sale from Texas Resident to Louisiana Resident

Beauetienne

Beauetienne

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Hope this is the proper forum...There is a fellow from Texas that I would like to buy a pistol from.
I am a Louisiana resident and he would travel to Louisiana to sell it to me.
Anyone have knowledge on a private transfer such as this ?
The ATF Q&A, FAQ section on this leaves me unsure as to how to proceed.
What recordkeeping procedures should be followed when two unlicensed individuals want to engage in a firearms transaction? | Bureau of Alcohol, Tobacco, Firearms and Explosives
Thanks. I believe I will call the ATF tomorrow.
 
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Beauetienne said:
There is a fellow from Texas that I would like to buy a pistol from.
I am a Louisiana resident and he would travel to Louisiana to sell it to me.
Click to expand...

That would be an UNLAWFUL Act.

from here-https://www.atf.gov/firearms/firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-acquire

we see-
Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or 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)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

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]

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]
 
To reiterate what the gorilla said, you can only legally transfer a handgun person to person within the same state where you are both residents (depending on state law of course).

Just have him ship it to your FFL.
 
OP, pick which local FFL you want to transfer the gun. Then go talk to them. They know what to do and how to do it.
 
Step N. Mud said:
can a son borrow firearms if located in different state?
Click to expand...

That is a question that does not really have a clear answer. There is a provision in federal law that allows you to loan a firearm temporarily. Here is what the ATF has to say in their FAQ:

ATF Firearms FAQ said:
A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does 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.
Click to expand...

The US code actually says:

18 USC 922 said:
(a) It shall be unlawful—

............................................................

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes
Click to expand...

I am not up to speed on all of the applicable case law, but if I recall correctly there is no precise definition that would allow you to definitively distinguish a temporary loan from an unlawful transfer. I think it is up to the courts to determine that on a case by case basis.

If your son comes in from out of town, and you loan a firearm to him for a trip to the range, a hunting trip, or something else like that, then you are likely ok. Taking that same firearm and returning to his state of residence with it sounds like it definitely crosses the line into unlawful transfer territory.
 
Last edited:
handejector said:
To be clear-
It is NOT legal for a private citizen to transfer ANY firearm to a resident of another state. That includes rifles and shotguns.
Click to expand...
I guess the laws have changed - as adjoining states used to allow this - I see on the BATF site it states through licensee
If the states have passed a law to allow residents to purchase out of state and take possession out of state, it is limited to rifles and shotguns and both states must have an agreement. So, a resident of Kansas can buy a gun and take delivery in OK,MO, NB, CO, completing a 4473 with teh selling dealer
Click to expand...

and from the ATF
May an unlicensed person acquire a firearm under the GCA in any State?
Generally, a person may only acquire a firearm within the person’s own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s State of residence and the licensee’s State of business. 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); 27 CFR 478.29]
Click to expand...
 
Last edited:
Weimar said:
I guess the laws have changed - as adjoining states used to allow this - I see on the BATF site it states through licensee

and from the ATF
Click to expand...
The laws have not changed in as many years as I can remember. Any transfer must be done through an FFL if the private parties involved are not residents of the same state.

Crossing state lines moves you into federal territory.
 
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