Taking a 1911 across state lines?

[603Country]

My Brother-in-Law just asked me a question that I can't answer, so maybe somebody out there can answer his question. I invited him to come over from Louisiana to our place in Texas and bring his various old military rifles and pistols to shoot on my range. He's concerned that taking a semi-auto pistol (1911) across state lines might be illegal. Well...if it is it's news to me, but I will admit that I just don't know. Would someone please address that question? Thank you.

[MLeake]

Check out handgunlaw.us for state-by-state gun laws.

AFAIK, there is absolutely no reason he can't take a 1911 to Texas.

There are restrictions on interstate sales, but that's another matter entirely.

[dogtown tom]

No Texas or Federal law prohibits him bringing the guns to Texas.
Where on earth did he get the idea that semi automatics are somehow different?

[Eghad]

Welcome to Texas! Y'all come and bring that 1911 with ya.

[Kreyzhorse]

He's concerned that taking a semi-auto pistol (1911) across state lines might be illegal.

It isn't. I would check out www.handgunlaw.us for legal transportation requirements however. Each state might differ on how to carry unloaded firearms.

[mehavey]

Where on earth did he get the idea that semi automatics are somehow different?

Any number of blithering idiots in Hollywood will tell you that in both movies and TV shows, and also that "automatics" are inherently evil if not downright illegal. That neither they nor the talking heads on CNN (and even FOX on occasion) have a clue as to what they're talking about is lost on the GAP -- who've come to let the others do their thinking for them.

[overkill0084]

I always assumed that bring a gun to Texas was required when visiting.

[bigbaby]

I know I ain't going no where nears Texas, without my Henry 357 rifle or my six shooter(model-10 smithy) LOL

[Scimmia]

I live in one state and the range I shoot at is in another. I've taken a trunk full of guns across state lines countless times. As long as the firearm in question is legal in both states, you're fine.

[JohnKSa]

The only restriction I can think of that would apply is that he is not allowed to sell it to anyone other than an FFL holder while he's outside his home state. That applies to any firearm, not just semi-auto handguns.

[603Country]

Thanks for all the responses. Like you guys, I've taken rifles and pistols across the Tx/Louisiana border for hunting for many years and never given it a seconds thought. But the Brother-in-Law was pretty worried about doing it, and I just flat did not know what the actual law was and I did know that someone on the forum would know. So, thanks much.

[NJgunowner]

If you were coming to NJ, it would be a problem. Texas, not so much.

[ripnbst]

Actually long guns in TX can be sold to out of staters if it is private sale, even semi-autos. I almost bought an AR when in Dallas for a weekend at a gunshow. I don't think handguns can be though.

Anyway, yes you can transport your gun to TX as long as you transport it legally through each state per their local laws.

[Don H]

Originally Posted by ripnbst

Actually long guns in TX can be sold to out of staters if it is private sale, even semi-autos. I almost bought an AR when in Dallas for a weekend at a gunshow.

That is incorrect. Federal law controls the interstate sale of firearms, not state law.

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)]

http://www.atf.gov/firearms/faq/unlicensed-persons.html

[JohnKSa]

Actually long guns in TX can be sold to out of staters if it is private sale, even semi-autos. I almost bought an AR when in Dallas for a weekend at a gunshow.

Don H is correct. Had you made the purchase (from a non-FFL), both you and the seller would have been in violation of federal law.

An FFL can sell a long gun to a person in an adjacent state (assuming state law doesn't prevent it) but a non-FFL may not legally sell a firearm (long gun or handgun) to a person who is not a resident of his state without getting an FFL involved.

[HarrySchell]

CA might pose a problem if you have a pistol not on the "approved" list, but if you are visiting and otherwise comply with CA rules about transportation, don't try to sell it, I believe you will be fine.

Not so with magazines with more than 10 round capacity, even if you can prove they are pre-ban. CA LEO's generally are uninformed about the real law and anything that carries more than 10 is pretty much the mark of a criminal or terrorist. You may end up being found in the right but True Believers of "More Than 10 is a Sin" will hassle you with the approval of their consciences.