Out of State Spouse Transfer

[Vin496]

I think my situation may be a little out of the ordinary so maybe you guys can help with this.

My Wife is currently a resident of Texas(our home state), we are happily married but due to work we currently do not live with each other, she will probably be moving here within the next year.

Would it be possible for her to purchase a handgun that isn't on the DOJ list then transfer it to me as a spouse transfer? I know the regular cap mags couldn't be included, but is this possible?

I am aware that it will have to be shipped to a local FFL.

[5150Marcelo]

Let me know if she comes out here. I have a little list of stuff she should bring!

[Librarian]

Yes, that should work, so long as she sends it to a cooperative CA FFL, marking it as a gift. It'll cost you transfer fees...

Or, she could buy whatever, and wait until she moves to CA, and transfer without the FFL (or just let you use her guns )

[Vin496]

Alright now let me add some more issues into the mix.

What if it's not a brand new gun? Can my wife purchase a gun from someone and still do a spouse transfer?

In Texas For a Person to Person you can sell anyone a gun legally as long as they are legally able to buy one(21 for handguns/18 rifles), you do not have to have any paperwork for this, it's cash and carry.

Would there be any problem with this, since she would not be the original owner. Being the only paperwork she may have is a simple "on this day I sold" handwritten receipt at the most.

Also when someone sends a handgun from out of state to your FFL, how do they do it. Just package it up and send it through the USPS? What paperwork do they need to include.


Edit- Texas laws requires only that the seller keep a record of the name and contact info of the buyer, that's it.

[glockman19]

What if it's not a brand new gun?

No Problem

Can my wife purchase a gun from someone and still do a spouse transfer?

YES

In Texas For a Person to Person you can sell anyone a gun legally as long as they are legally able to buy one(21 for handguns/18 rifles), you do not have to have any paperwork for this, it's cash and carry.
Would there be any problem with this, since she would not be the original owner. Being the only paperwork she may have is a simple "on this day I sold" handwritten receipt at the most.

Doesn't matter who she bought it from.

Also when someone sends a handgun from out of state to your FFL, how do they do it. Just package it up and send it through the USPS? What paperwork do they need to include.

Fed Ex or UPS overnight. Most FFL's will NOT accept a gun from an individual she would likely have to bring it with her and do a PPT or send it from a TX FFL to a CA FFL.

[Vin496]

Fed Ex or UPS overnight. Most FFL's will NOT accept a gun from an individual she would likely have to bring it with her and do a PPT or send it from a TX FFL to a CA FFL.

Thanks for the answers. I just want to verify 1 thing, My understanding is that she can't just come out to visit and while here we do a PPT at the local FFL. I thought crossing State lines with the handgun she is gonna give me is against Federal Law.

Now is she moves out here, becomes a resident then registers it, then we can just do a PPT at the local FFL. Is that correct?

[caduckgunner]

Most FFL's will NOT accept a gun from an individual she would likely have to bring it with her and do a PPT or send it from a TX FFL to a CA FFL.

Plenty of FFL's will accept a out of state from transfer from an individual.

[Librarian]

Thanks for the answers. I just want to verify 1 thing, My understanding is that she can't just come out to visit and while here we do a PPT at the local FFL. I thought crossing State lines with the handgun she is gonna give me is against Federal Law.

Now is she moves out here, becomes a resident then registers it, then we can just do a PPT at the local FFL. Is that correct?

Right about the visit, because she won't yet be a CA resident.** But once she moves here, PPT is not needed - what you need is the Operation of Law or Intrafamilial Handgun Transaction Report to transfer title from your wife to you. No FFL needed, but you do need your Handgun Safety Certificate.

** ETA So long as she takes it to an FFL and you're willing to pay the transfer fees it would be legal to do, just not as a PPT but as an interstate gift. I don't know if there's an 'operation of law' override in the DROS system, so I don't know exactly how that would be treated. But if she's moving out here anyway, I personally wouldn't feel the urgency to do a handgun transfer.

Is TX a community property state? Maybe you already own what you possess in TX.

[Glock22Fan]

Out of State Spouse Transfer

If anyone knows how to transfer their spouse out of state, please share with the rest of us.

[glockman19]

Plenty of FFL's will accept a out of state from transfer from an individual.

Yes "plenty will" but "most won't" IMHO.

Unfortunately.