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Handgun Purchasing Question

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  • IanMiles

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    Sep 14, 2020
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    I recently moved down to Texas for work from Milwaukee, Wisconsin on a temporary basis. The move is looking to become permanent so I will be getting my Texas drivers license which I now have found out I need to buy a handgun here in the state. I had purchased a gun from Iowa and had it shipped down to a store near my work that has an FFL. I can't get it without a texas license but I also don't want to change my address until after the election (I think the county my home is located in Wisconsin will need my vote more). I listed the address I currently reside at here in texas when I filled out my paperwork to have my handgun sent down, an address my dad resides at, has a texas drivers license and the same last name. Is it possible for me to transfer ownership without ever having technically taken ownership myself or will i need to wait until after the election? Any advice or suggestions are more than appreciated! I'm more than happy to pay for a background check on myself it that is any concern, I'm an infantry vet with no criminal record and haven't had even a speeding ticket in ten years so none of that is a concern. Thanks!
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    etmo

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    Jan 25, 2020
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    I had purchased a gun from Iowa and had it shipped down to a store near my work that has an LLC.

    Hopefully you mean FFL, and welcome to TGT.

    I also don't want to change my address until after the election (I think the county my home is located in Wisconsin will need my vote more).

    Thank you for considering your nation's needs above your own. You're a rare breed.

    Is it possible for me to transfer ownership without ever having technically taken ownership myself or will i need to wait until after the election? Any advice or suggestions are more than appreciated!

    As mentioned above, the FFL does have some leeway in determining what he'll accept to determine actual residency. However, that FFL is not going to want to endanger his license -- that's how he makes his living. So maybe the FFL will accept some utility bills and etc, but without a drivers license or other state ID, please don't be surprised if the answer is "no". There's an excellent chance you'll need to wait until you are a legal resident of the state of Texas if you want the FFL to transfer the gun to you.

    random thoughts: If the gun is not yet paid for, then since your father is a legal resident of the state of Texas, your father can pay for it and take ownership of it.
    After you become a legal resident of the state of Texas, you can buy the gun from your father.

    If you already paid for the gun, you can give it to your father as a gift. He can pick it up from the FFL, and he'll become the legal owner. Perhaps after you become a legal resident of Texas, your father will sell it to you if he doesn't like it.
     

    IanMiles

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    Sep 14, 2020
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    Hopefully you mean FFL, and welcome to TGT.



    Thank you for considering your nation's needs above your own. You're a rare breed.



    As mentioned above, the FFL does have some leeway in determining what he'll accept to determine actual residency. However, that FFL is not going to want to endanger his license -- that's how he makes his living. So maybe the FFL will accept some utility bills and etc, but without a drivers license or other state ID, please don't be surprised if the answer is "no". There's an excellent chance you'll need to wait until you are a legal resident of the state of Texas if you want the FFL to transfer the gun to you.

    random thoughts: If the gun is not yet paid for, then since your father is a legal resident of the state of Texas, your father can pay for it and take ownership of it.
    After you become a legal resident of the state of Texas, you can buy the gun from your father.

    If you already paid for the gun, you can give it to your father as a gift. He can pick it up from the FFL, and he'll become the legal owner. Perhaps after you become a legal resident of Texas, your father will sell it to you if he doesn't like it.

    I have my valid unexpired wisconsin license but when i asked what i'd need from them prior to the buy they told me a valid license, they probably thought I was a texas resident, kind of a ball dropped by us both. I don't want to put them in a bad place by asking so I may just get my license. I already paid for it from iowa, they're currently holding it here. If they let me do that I'll happily do so! thank you!
     

    V-Tach

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    A Texas Resident ID will suffice..............

    If you have any utility bills (not including cell phone) in your name or pay property tax, you can show residency...

    Yes, you can have a Texas ID and a Wisconsin DL........

    You cannot buy the gun and have your Father fill out the 4473....it would be a straw man purchase.

    If your Father buys the gun and gifts it to you, there is nothing illegal about a Father giving his Son a gun as a gift, providing the Son is not a prohibited person.........If you give him money to buy the gun......or you reimburse him for the gun ............that's a straw man purchase and a felony.........

    Disclaimer, I am not an attorney nor am I giving legal advice........
     

    Renegade

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    Is it possible for me to transfer ownership without ever having technically taken ownership myself or will i need to wait until after the election? Any advice or suggestions are more than appreciated!

    Have your dad try to pick up the gun. This is assuming he has bought it from you.

    I'm more than happy to pay for a background check on myself it that is any concern, I'm an infantry vet with no criminal record and haven't had even a speeding ticket in ten years so none of that is a concern. Thanks!

    OK, so are you transferring ownership or not?

    YOU cannot purchase a handgun in Texas based on what you wrote.
     

    Renegade

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    As mentioned above, the FFL does have some leeway in determining what he'll accept to determine actual residency.

    There is no leeway in determining residency. You either are or are not a resident. OP has already stated twice he is NOT a Texas resident.

    If you have any utility bills (not including cell phone) in your name or pay property tax, you can show residency...

    OP has already stated twice he is NOT a Texas resident.
     

    V-Tach

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    My answer is still valid.......

    and nothing I posted would make him a Felon.......
     

    Renegade

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    My answer is still valid.......

    He seems to want the gun sooner than that can happen.

    and nothing I posted would make him a Felon.......

    WRONG. This would make him a felon since he is not a resident:

    If your Father buys the gun and gifts it to you, there is nothing illegal about a Father giving his Son a gun as a gift...

    Actually it is a felony to acquire firearms across state lines in this manner.
     

    V-Tach

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    Okay.......if he doesn't become a resident he can't do anything....

    And his Father cannot ever gift him a gun, period....

    Got it.....
     

    Wiliamr

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    Since he has posted his story here, we all know ATF reads this site as well as they do electronic survellince on internet sales, I think he should either establish Texas residency or see if the gun can be returned and a refund for purchase priced made.
    He still may face an issue of attempting to purchase a gun illegally since he paid for it, had it shipped here with intent to puchase as a non-resident. Maybe the only thing going for him is FFL not tranfering it without a TDL.
     

    V-Tach

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    A great number out of State kids with Texas Parents are felons including their parents...........

    Parents beware....
     
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