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Old April 29, 2009, 09:07 AM   #4
carguychris
Senior Member
 
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
Federal law prohibits U.S. residents without a Federal Firearms License (FFL) from buying a handgun out-of-state. Handgun purchases must go through a FFL in your home state. If you want to buy a handgun at an out-of-state dealer, they must send it to a dealer in your home state, who will then transfer it to you.

An out-of-state dealer FFL may sell you a long gun (rifle or shotgun) as long as the transaction is conducted over-the-counter at their officially licensed place of business {27 CFR ยง 478.29(b)}. This usually means that you may not buy at a gun show. I have, however, heard of instances where a gun show purchase was arranged by sending the gun to the official business location for later pickup by the buyer, or arranging for the buyer to pick up an identical gun from inventory.

An out-of-state collector or Curio & Relic (C&R) FFL may sell you a C&R-eligible long gun anywhere as long as the transaction occurs face-to-face. The license is granted to an individual, so that person is the "place of business". However, to reiterate, this rule is only valid for C&R-eligible firearms.

Section 46.07 of the Texas Penal Code could theoretically be interpreted to prohibit a Texas resident from buying firearms in states that aren't contiguous, i.e. states other than LA, AR, OK, and NM.
Quote:
Sec.46.07. INTERSTATE PURCHASE. A resident of this state
may, if not otherwise precluded by law, purchase firearms,
ammunition, reloading components, or firearm accessories in
contiguous states. This authorization is enacted in conformance
with Section 922(b)(3)(A), Public Law 90-618, 90th Congress.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Renumbered from Penal Code Sec. 46.08 by Acts 1993, 73rd Leg., ch.
900, Sec. 1.01, eff. Sept. 1, 1994.
This statute was passed in response to a federal law about contiguous-state purchases that was repealed some years ago. It doesn't explicitly say you can't buy firearms in non-contiguous states, and I haven't heard of anyone actually being prosecuted for doing so, but it's something to contemplate if you're the "better safe than sorry" type. YMMV. FWIW this law is widely expected to be repealed in the current legislative session, but AFAIK it hasn't happened yet.

Mandatory disclaimer: I am not a lawyer, nor do I play one on TV. This is not official legal advice. YMMV.
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