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.

Yes it is legal. I have shipped and received rifles from several guys on the fire that live in Texas.

you'd be surprised what you can send through the mail if you just keep your mouth shut.

To be fair, an FFL dealer can't. It either has to go another FFL dealer or have a 4473, and be logged off his books that way.

I knew you could ship a firearm to yourself anywhere, including crossing state lines, but not the sales thing inside state lines.

Now that this discussion is up, it's jogging my memory a bit, and I do remember sales/shipping inside state lines. But, that can have a downside as well, if you sell to the wrong person.

Post office isn't a common carrier. Feds ordinarily wouldn't have jurisdiction over instate sales but by using post office (or holding ffl) your giving them jurisdiction. So you could ship intrastate by ups or FedEx but not mail. But Rogers right, usps will ship pretty much anything if you keep your mouth shut

Sweet Jesus, do you guys just make up sheit as you go for the fun of it?

Actually no I don't make stuff as I go along. It's like how fraud is a state crime if you hand someone a false document, but if you send It through the mail it becomes a fed crime. Legally you "invoke" fed jurisdiction, into something that ordinarily they would have no say in, by voluntarily using the fed services

The statute plainly says you can ship by "common carrier" and defines common carrier as "any person other than the us postal service" who transports stuff. https://www.law.cornell.edu/uscode/text/15/375

Ok, but like your previous post, WTF does that have to do with the price of tea?

You can ship intrastate via the USPS, just as you can via Common Carrier

What would you like to play next?

May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.