Home Forums Hunting & Shooting Hunter's Campfire TX gun law?

I have a question, in Texas is it legal to sell and ship a firearm to another Texas resident with no FFL transfer?
Like a private FTF deal.

Who wants to know?

I do

"Texas" has nothing to do with it.

Firearms sales and procedures for such are regulated by the BATFE federales.

Face to face sales are one thing. Shipping for a sale is another. So, no. It's not legal. The firearm has to be shipped to an FFL and the gun transferred via 4473 form and NICS check, unless the buyer has a CCW.

Thanks for playing, but wrong on so many levels

You sure?

I'm sure he's sure, he's just wrong.

Yeah, I knew he was.

To my knowledge, the Feds don't have authority over intrastate personal firearm transactions.
I can't speak for Texas, but here in Tennessee, a person can sell a firearm to another Tennessee resident and ship it directly to them.

BATF FAQ's is your friend -


To whom may an unlicensed person transfer firearms under the GCA?

A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee’s State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

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.

A person may 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)(5) and 922(d); 27 CFR 478.30, 478.32]

May a nonlicensee ship a firearm by common or contract carrier?

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm or ammunition, prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm and requires obtaining written acknowledgement of receipt.

[18 U.S.C. 922(a)(2)(A), 922(a)(5), 922(e) and (f); 27 CFR 478.30 and 478.31]

https://www.atf.gov/firearms/qa/may-nonlicensee-ship-firearm-common-or-contract-carrier

Thanks
The only reason I asked was because this argument was going on somewhere else and I figured someone on the 🔥 would know.

Apologies for the misinformation.

Guess I spent too much time as an FFL dealer.

No apology needed, I thought the same as you.

Well played on a bunch of levels...

I don’t understand this quote.
Did I find the correct answer or not?
Is it or isn’t leagal? And now apparently TX isn’t the only state in question.

IT IS LEGAL (long gun)

And the state DOES have something to say about it. As far as the Feds are concerned, it's no problem, but I have no idea what Texas says about it. I

I had the Post Office call an FFL dealer to ask if me shipping a rifle to a guy in state was legal. Like you, they said NO.

Why the Post Office was calling them I am sure I do not know. Anyways, of course he'd say NO, he gets an extra $35 if you ship through him.

Yes, perfectly legal.