Do I Need An FFL?

[Chrs2fer23]

[h=6]Have question for any FFL here....I live in Texas and have a rifle for sale. Someone in New Mexico,which is a 20 minute drive, wants to buy it. From all I know and have read, I would have to go through an FFL. He claims we don't with long guns, only pistols. The law says it is NOT permitted to sell FIREARMS( I assume all firearms here) if both individuals are not both residence of the same state. SO, question is...Do I need an FFL for a rifle sale if one of us is in Texas and one in New Mexico?[/h]
Thanks for any help,
Chris

 

[txinvestigator]

[h=6]Have question for any FFL here....I live in Texas and have a rifle for sale. Someone in New Mexico,which is a 20 minute drive, wants to buy it. From all I know and have read, I would have to go through an FFL. He claims we don't with long guns, only pistols. The law says it is NOT permitted to sell FIREARMS( I assume all firearms here) if both individuals are not both residence of the same state. SO, question is...Do I need an FFL for a rifle sale if one of us is in Texas and one in New Mexico?[/h]
Thanks for any help,
Chris

Quote or cite the law you mention. That is your answer.

 

[Rum Runner]

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons
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)]

 

[Chrs2fer23]

That's what I thought. It is a pretty clear law to me, but he was arguing the point. It made me think I might be misunderstanding the law. I shouldn't second guess my understanding of a relatively clear law.
Thanks Txinvestigator, Rom Runner,

Chris

 

[Texan2]

I never saw a question and answer both in the opening post.

 

[Chrs2fer23]

I never saw a question and answer both in the opening post.

I know, I know.....his argument made me second guess my knowledge. I need to get better about that. I am always so confused on the wording of laws, and it makes me less confident of my understanding. You all confirmed what I already knew....just needed some smart folk to tell me..lol

 

[T-FAST]

Better to make sure

 

[Renegade]

Have question for any FFL here....I live in Texas and have a rifle for sale. Someone in New Mexico,which is a 20 minute drive, wants to buy it. From all I know and have read, I would have to go through an FFL. He claims we don't with long guns, only pistols. The law says it is NOT permitted to sell FIREARMS( I assume all firearms here) if both individuals are not both residence of the same state. SO, question is...Do I need an FFL for a rifle sale if one of us is in Texas and one in New Mexico?


Thanks for any help,
Chris

Yes, you need to and FFL. You do not need a sending one, but you need a receiving one (you can send it direct to a NM FFL).

 

[Chrs2fer23]

Thanks Renegade...I was wondering about that part too. Wasn't sure if I needed an FFL here to send to AN FFL there. That would get pricey for a $100 rifle.

Anyways...the guy refuses to believe we need an FFL, so I stopped the transaction altogether. Never know who you are dealing with on this Interweb thingy. Know and follow the laws, and you won't be someones new girlfriend for a few years.hnoes:

Thanks all...always an overflow of friendly knowledge here,
Chris

 

[Acera]

Now that it's available again, post some pictures and a price.

You might be surprised as to how fast a fellow Texan in the area might take it off your hands without the need for a FFL.

 

[Chrs2fer23]

Now that it's available again, post some pictures and a price.

You might be surprised as to how fast a fellow Texan in the area might take it off your hands without the need for a FFL.

Acera....I sold it yesterday through an El Paso gun page. I did have the rifle here also, but got no bites. Living WAY over here in El Paso makes it a little more difficult to sell stuff, but I have got rid of a few.

 

[Acera]

Acera....I sold it yesterday through an El Paso gun page. I did have the rifle here also, but got no bites.

Yeah, I saw that after I posted. Congratulations. Somebody got a good deal for a youth's starter gun.