FTF in different states.

[jbadjones]

If I want to buy a gun in Texas through gunbroker can I legally do a FTF transaction? Thanks!

 

[Bearco]

no, will have to be transfered through an FFL dealer.

 

[CavalryJim]

Residents of different states need to use an FFL to legally conduct the transfer.

 

[nickatnite]

Pistol = NO

Shotgun or Rifle = YES....

That is according to the ATF.

LOUISIANA
LA. REV. STAT.

Title 14. Criminal Law

Part III. Purchase of Rifles and Shotguns
1801. Declaration of policy. It is declared
that it is in the public interest to authorize residents
of this state to purchase or otherwise obtain
rifles and shotguns or ammunition in states
contiguous to this state in compliance with such
other laws of this state or its political subdivisions
as may be applicable and in compliance
with Section 102 of the Gun Control Act of 1968,
Public Law 90-618, 18 U.S.C.§ 921 et seq. and
it is the declared intention of this state that the
sale of shotguns and rifles and the sale of ammunition
in this state to residents of adjacent
states is hereby authorized pursuant to regulations
issued under the Gun Control Act of 1968.
1802. Definitions. As used in this Part:
(1) "A state contiguous to this state" shall
mean any state having a common border with
this state.
(2) All other terms shall be given the meaning
prescribed in 18 U.S.C.§ 921 (the Gun Control
Act of 1968, Public Law 90-618) and the regulations
duly promulgated thereunder as presently
enacted or promulgated and as hereafter
modified.
1803. Purchase of rifle or shotgun or ammunition.
It shall be lawful for any person residing
in this state, including any corporation or other
business entity maintaining a place of business
in this state, to purchase or otherwise obtain
a rifle or shotgun or ammunition in any state
which is contiguous to this state and to receive
or transport such rifle or shotgun or ammunition
into this state and to permit any person residing
in a contiguous state to purchase shotguns,
rifles or ammunition in this state and to receive
or transport such rifles, shotguns or ammunition
in this state.
1804. Application. This Part shall not apply
or be construed to affect in any way the purchase,
receipt or transportation of rifles or shotguns
or ammunition by federally licensed firearms
manufacturers, importers, dealers or collectors
except to permit such purchase, receipt
or transportation.


IF you are interested, I found it

HERE, Click on Loisiana

 

[flamatrix99]

I talked to the ATF and they said this could be legal. I would call them with specifics.

 

[jimdana1942]

How about BTB (butt to butt) or FTF (fart to fart).

 

[honestlou]

You cannot legally transfer a firearm to a resident of a different state. It doesn't matter if it is a pistol, rifle, or shotgun; any transfer is a violation of federal law.

This is from the NRA guide to firearms laws. It is a summary, but is correct:

"Sales Between Individuals

An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence."

You can browse the NRA guide here: http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60

It doesn't matter what Louisiana law says, as Federal law is still binding. As one of my Law School professors used to say, "They got the A-Bomb".

 

[Praesul Presul]

Why is it we can never get to the bottom of this. Handguns is obvious - NO but long guns are debatable.

 

[Nick]

read the law:
http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000922----000-.html
I would try to tell you what it says, but I don't have the time at the moment, not trying to be an ass

 

[nickatnite]

You cannot legally transfer a firearm to a resident of a different state. It doesn't matter if it is a pistol, rifle, or shotgun; any transfer is a violation of federal law.

This is from the NRA guide to firearms laws. It is a summary, but is correct:

"Sales Between Individuals

An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence."

You can browse the NRA guide here: http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60

It doesn't matter what Louisiana law says, as Federal law is still binding. As one of my Law School professors used to say, "They got the A-Bomb".

Lou.

I was not quoting Louisiana Law, I was quoting straight off of the ATF's website. If you would have taken the time to open my attachment, you would have saw that...

Actually, if you click on the link that YOU posted, look on the right side under "LINKS" and then the 3rd one down that is called, "BATFE's State Laws and Published Ordinances - Firearms (26th Edition) ". Click on it and then click on Louisiana and scroll to what I originally posted and you can read that.

Once again, the NRA is good; but they DO make mistakes!

The title of that document is as follows:

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives

ATF P 5300.5 State Laws and Published Ordinances - Firearms
(2005 - 26th Edition)

 

[Futuristic]

DANGEROUSLY WRONG INFO!!! Consult ATF FAQs!!!

Lou.

I was not quoting Louisiana Law, I was quoting straight off of the ATF's website. If you would have taken the time to open my attachment, you would have saw that...

Actually, if you click on the link that YOU posted, look on the right side under "LINKS" and then the 3rd one down that is called, "BATFE's State Laws and Published Ordinances - Firearms (26th Edition) ". Click on it and then click on Louisiana and scroll to what I originally posted and you can read that.

Once again, the NRA is good; but they DO make mistakes!

The title of that document is as follows:

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives

ATF P 5300.5 State Laws and Published Ordinances - Firearms
(2005 - 26th Edition)

Sorry, nickatnite, you are posting Dangerously Wrong advice and information. I understand your confusion, since you found that Legal Text at the ATF site, you assumed it was ATF's advice. In fact, what you linked to is merely ATF's link to the Louisiana State Laws, thus the document title "State Laws and Published Ordinances". These Louisiana statutes merely authorize the purchase of Long guns in other States, still subject to Federal restrictions on those purchases. In recent years, the Federal restrictions are the far more strict of the two, and so they apply.

Here is the applicable section (emphasis mine) from the BATFE Firearm FAQ's for Federal Law as it relates to transactions between Unlicensed Persons (no FFL):

B. UNLICENSED PERSONS

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

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]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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]

(B3) 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? [Back]

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)]

(B4) May an unlicensed person obtain ammunition from an out-of-State source? [Back]

Yes, provided he or she is not a person prohibited from possessing or receiving ammunition.

[18 U.S.C. 922(g) and (n)]

You can see the UNAMBIGUOUS answer there which indicates that you may NOT legally conduct a Face to Face transaction, for either a Handgun or Long gun, with a Resident of another State.

For everyone's future reference, most of these simple questions can be answered by the BATFE Firearm FAQs at this link:

http://www.atf.gov/firearms/faq/faqindex.htm

Sorry if I came off harsh, but believe me that BATFE will not have any sympathy for anyone who innocently violates these laws based on what they read in these forums. Right, wrong, or otherwise these are the laws we are judged by currently.

Futuristic

 

[scottjajr]

just get an id issued by the state of texas and you can buy one there just like you can in louisiana

 

[Futuristic]

You're jesting, I hope...

just get an id issued by the state of texas and you can buy one there just like you can in louisiana

I hope you are jesting about that idea. Doing so, if you are not actually a resident of Texas, might enable you to purchase firearms there, but NOT legally so.

It IS possible to be a resident of more than one State, but there are pretty specific qualifiers for that. BATFE has lots of info for people who have homes in two States, for instance.

But, just getting an ID doesn't make you legal in the eyes of the Feds. Again, they have ZERO sense of humor about this stuff.

Futuristic