Firearm tansfer to Texas

[Malco]

Hi,

If an FFL wants to ship a pistol to Texas, should the shipment go through a Texas FFL? The guy in Texas bought the firearm legally in California, then moved to Texas, but left the firearm with family in California.

Thanks!

--Malcolm

[Garv]

Guys with the legal knowledge should provide input soon.

Two things I suggest:
Ask the suggested receiving FFL what they require because sometimes FFLs have additional requirements in addition to law.
Also, check prices, transfer fees can vary greatly from FFL to FFL.

[Quiet]

Hi,

If an FFL wants to ship a pistol to Texas, should the shipment go through a Texas FFL? The guy in Texas bought the firearm legally in California, then moved to Texas, but left the firearm with family in California.

Thanks!

--Malcolm

Federal laws prohibit the transfer of firearms between residents of different States without the use of a FFL. [18 USC 922(a)(3)(5)]
There is no intra-familial or gift exemptions to these Federal laws.
The Federal laws apply to who has physical possession or control over the firearm and who has ownership does not provide any type of exemption.

Federal laws prohibit a FFL from transferring a handgun to a non-resident of their State. [18 USC 922(b)(3)]

Because the transferee is now a TX resident and the transferer is a CA resident, any transfer between them must be done through a FFL and, since the TX resident is the transferee, the transfer must be done through a TX FFL dealer.

Failure to utilize a TX FFL dealer equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

[M1NM]

It's not a transfer of ownership that the law refers to. It's his own gun. Now figure it out.......

Can he just get a ship my gun label and have his family member send it to him?

[Quiet]

It's not a transfer. It's his own gun. Now figure it out.......

Can he just get a ship my gun label and have his family member send it to him?

Federal laws apply to the transfer of possession.
There is no ownership exemption to the Federal laws.

The CA residents currently have possession of it and the transfer of possession is to a TX resident.

To be legal under Federal laws, the CA resident must ship it to a TX FFL dealer, who will then transfer it to the TX resident.

Also under Federal laws, while in another State, it is legal for the TX resident to ship the firearm to themselves at their TX address, as long as no person other than the TX resident opens the package.

[Nardo1895]

My 2 cents...

If the son turned it over to me to ship to his dad out of state, I'd insist it goes to a FFL. How would I know it really belongs to the dad? How would I log it out of my A&D book?

[taperxz]

Hi,

If an FFL wants to ship a pistol to Texas, should the shipment go through a Texas FFL? The guy in Texas bought the firearm legally in California, then moved to Texas, but left the firearm with family in California.

Thanks!

--Malcolm