View Single Post
Old April 29, 2009, 11:11 AM   #8
NavyLT
Junior member
 
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Quote:
Originally Posted by carguychris
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This statute was passed in response to a federal law about contiguous-state purchases that was repealed some years ago.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 FWIW this law is widely expected to be repealed in the current legislative session, but AFAIK it hasn't happened yet.
BATFE has interpreted this to allow Texas residents to buy long guns from FFLs just about anywhere. August 2004 FFL Newsletter:

Quote:
CONTIGUOUS STATE – PART 2

In an article that appeared in the December 2002
edition of the FFL Newsletter, we advised FFLs
that the “contiguous state” provisions of the Gun
Control Act were amended in 1986, and that the
GCA allows dealers to sell or dispose of a long
gun to a resident of another state provided, (1) the
purchaser was not otherwise prohibited from
receiving or possessing a firearm under the GCA,
and ( 2) the sale, delivery and receipt fully comply
with the legal conditions of sale in the buyer’s and
seller’s States.

The condition of sale relating to compliance with
the applicable laws of both States cited above
continues to cause confusion among dealers,
particularly among those dealers who conduct
business in a State whose laws presently contain
language that allows “contiguous state” sales.
Historically, prior to the 1986 amendments to the
GCA, many States enacted provisions in their laws
that allowed their residents to acquire a long gun in
a contiguous State. For the most part, these State
law provisions were modeled after the contiguous
state provisions of the GCA. However, even
though the GCA was amended in 1986 to allow
the sale of long guns to residents of any State
pursuant to the conditions cited above, many States
have not yet amended their laws to reflect similar
language. ATF takes the position that if the laws
of a given State allow its residents to acquire a long
gun in a contiguous State, those laws also allow its
residents to acquire a long gun in any other State
where the laws of that State permit such
transactions, unless the language contained in that
State’s law expressly prohibits it residents from
acquiring a firearm outside that State. Questions
regarding particular State law provisions should be
referred to your local ATF office.
http://www.atf.gov/firearms/newslett...sltr_aug04.pdf
NavyLT is offline  
 
Page generated in 0.03534 seconds with 8 queries