La resident buying guns in Texas question

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  • charlie12

    Not a Fed.
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    Apr 21, 2008
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    Pride
    I was talking to a guy from Baton Rouge the other day about him buying a gun in Texas. He's a La resident and has been working in Texas and he does not have a La CHP. He said he's getting a Texas non resident permit and was planing on using it to buy a gun or two in Texas he said you have to have a Texas permit to buy there.
    He was also bragging about how many states would honor a Texas permit. I told him I didn't know the laws about all the Texas permit stuff he was talking about but I would guess since he was a La resident it would have to be sent to a FFL in La for him. He seemed to disagree.

    I also told him if he wanted to legally conceal carry in La he would need a valid La CHP and he disagreed. It was kind of funny when he said his Texas permit would be good in all those states I said it won't do you any good when you come home.

    So what's the deal about a La resident buying a long gun or handgun in Texas?
     

    340six

    -Global Mod-
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    Apr 12, 2012
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    Kenner, La
    I always thought he can pay for it in person but has to have it shipped to La FFL HERE
    Use of the Texas permit is a,lie tgat he lives in Texas. So he would be braking the law.
     

    charlie12

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    That was my thinking he could buy it in TX but would have to be sent to a FFL here in La.

    I don't think he liked when I told him if he was a La resident he HAD to have our CHP to CC here and all those other permits didn't matter
     

    andysteb

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    Aug 27, 2017
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    Hahnville, la
    R.S. 40:1379.3(T)(4)
    A concealed handgun permit issued by another state is invalid in the state ofLouisiana for the purpose of authorizing a Louisiana resident to carry a concealed handgun in thestate of Louisiana.
     

    CavalryJim

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    I was talking to a guy from Baton Rouge the other day about him buying a gun in Texas. He's a La resident and has been working in Texas and he does not have a La CHP. He said he's getting a Texas non resident permit and was planing on using it to buy a gun or two in Texas he said you have to have a Texas permit to buy there.
    He was also bragging about how many states would honor a Texas permit. I told him I didn't know the laws about all the Texas permit stuff he was talking about but I would guess since he was a La resident it would have to be sent to a FFL in La for him. He seemed to disagree.

    I also told him if he wanted to legally conceal carry in La he would need a valid La CHP and he disagreed. It was kind of funny when he said his Texas permit would be good in all those states I said it won't do you any good when you come home.

    So what's the deal about a La resident buying a long gun or handgun in Texas?

    I've bought long guns at sporting goods stores in Texas in the recent past. Hand guns likely require in-state residency.
     

    DBMJR1

    Madame Mayor's Fiefdom
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    Jul 27, 2008
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    A resident from any other state can purchase a long gun, so long as that firearm is legal to possess in the individual's home state.
    Often this requires us to make a phone call to the State Police of the applicant's home state.

    Handguns, Firearms, and NFA items will have to be shipped to an FFL / SOT in the applicant's home state. Federal Law. I know of no exceptions.

    A Louisiana Resident can only use a Louisiana CHP to conceal carry in Louisiana.

    I know nothing of Texas requirements.
     

    jneubig

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    Dec 19, 2015
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    Houma
    Off ATF website:

    May an unlicensed person acquire a firearm under the GCA in any State?
    Generally, a person may only acquire a firearm within the person’s own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s State of residence and the licensee’s State of business. 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); 27 CFR 478.29]

    May I lawfully transfer a firearm to an individual who resides in a different State?
    What if the individual resides within the same State?
    Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an
    individual who does not reside in the State where the transferee resides. Generally, for a person
    to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must
    be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or
    she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a
    NICS background check. More information can be obtained on the ATF website at www.atf.gov
    and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception
    from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For
    example, a friend visiting you may borrow a firearm from you to go hunting. Another exception
    is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition
    by intestate succession. This exception would authorize the transfer of a firearm to a nonresident
    who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. §
    922(a)(5)(A).
    In regard to transferring firearms between individuals residing in the same state, any person may
    sell a firearm to an unlicensed resident of the State where he resides as long as he or she does not
    know or have reasonable cause to believe the person is prohibited from receiving or possessing
    firearms under Federal law. Please note that there may be State and local laws that regulate
    firearm transactions. Any person considering acquiring or transferring a firearm should contact
    his or her State Attorney General’s Office to inquire about the laws and possible State or local
    firearms restrictions. A list of State Attorney General contact numbers may be found at
    http://www.naag.org/.
     

    Jmfox3

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    Dec 27, 2009
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    What DBMJR1 said. You can buy a long gun in TX, they perform the BATF transfer, and you walk out of the store with it. A handgun bought in TX needs to be shipped to an FFL in Louisiana for the BATF to be performed.
     

    buttanic

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    Dec 2, 2010
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    LaPlace, LA
    "Contiguous State" (for long guns) I think is the phrase.

    You can't buy a long gun in Alaska or Hawaii and bring it to Louisiana, you can buy it in Washington state or any other state and bring it to Louisiana.

    All of the U.S states are contiguous except for two: Alaska and Hawaii. The others are sometimes also referred to as the "lower 48" states or "conterminous" United States.
     

    buttanic

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    LaPlace, LA
    Contiguous State
    The *contiguous state* provisions of the Gun Control Act
    (GCA) generally permit unlicensed purchasers to acquire
    long guns from Federal firearms licensees (FFLs) located in a
    State contiguous to the State in which the purchaser resides if
    (1) the purchaser’s State of residence permitted such sale and
    (2) the sale fully complied with the legal conditions of sale in
    both such contiguous states.
    This provision of the GCA was amended in 1986 to allow
    FFLs to sell or dispose of long guns to residents of any other
    state (not just contiguous states) provided:
    1. the transferee meets in person with the FFL to
    accomplish the transfer; and
    2. the sale, delivery and receipt fully comply with the legal
    conditions of sale in the buyer’s and seller’s States.

    A number of States patterned their laws after the original
    provision of the GCA that allows nonresidents to purchase
    long guns from FFLs only in contiguous states. Many of
    those States have not revised their laws to reflect the 1986
    amendments to the GCA that allow over-the-counter sales
    of long guns to residents of any State, as outlined above.
    This has caused confusion among FFLs, who often read such
    *contiguous state* State laws as prohibiting sales to residents
    of noncontiguous states

    https://www.atf.gov/firearms/docs/n...s-licensees-newsletter-february-2011/download
     

    RockingORanch

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    Jun 23, 2009
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    Port Allen, LA
    if not mistaken long guns can be bought in states that touch your resident state. Louisiana would be Mississippi, Arkansas and Texas. Hand guns can be bought but must be shipped to FFL in your home state.
     

    El Pozzinator

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    Jul 29, 2012
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    Denham springs LA
    I recall in 2009 (welcome home from Iraq present for myself) I bought a rifle in GA and hand carried it back to PA, no problem. Then in 2011 I bought another one at the same place (welcome home from Afghanistan present for myself) and I had to mail it to an FFL at home. No biggie; $35 shipping. Except I ended up paying two background checks... one to buy it and one to pick it up.

    Moved to LA in ‘12, attended a buddy’s graduation from TX DPS academy in ‘14 and was going to buy a rifle from their police supply (they had some 700SPSs in stock). They wouldn’t let me take it without mailing it back to an FFL here. So maybe some dealers have different interpretations.


    Sent from my iPhone using Tapatalk
     
    Last edited:

    nolaboy

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    Mar 7, 2015
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    New Orleans Lousiana
    My mode of thinking is ffls would appeal to the lowest common denominator. Meaning if you are in the physical store from out of state they automatically default to mailing the gun to your local FFL as a CYA protocol in every instance; even if they "most likely" can legally let you walk out with a long gun. That said its kind of screwed up they made you take the background check if you are not walking out with it. That would have turned me off the deal; I would have called and ordered it over the phone. Its my understanding that once the NICS check is complete the gun is yours. No returns.
     

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