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Private rifle out of state in-person sale ?

jjeng951
I have read the ATF laws around sale of rifles from state to state but I am confused how it would work in my situation.
I have a NYS drivers license and recently relocated to Houston, TX for a few months due to work. I found a rifle for sale on gunbroke. That appears to be a private seller (waiting to hear back) that is about 2hrs from me in Houston. I was going to hopefully complete the sale in person, but was wondering because I have a NYS license would we need to go to an FFL to legally complete the sale of the rifle (bolt action). I know NYS does not require registration or have permits for long arms if that matters.
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7 comments

Date Votes
  • Nwcid
    LEGALY speaking what you posted is exactly true.

    Per the ATF you can only purchase guns FTF in state and can only purchase rifles out of state though a dealer.

    Again legally speaking.
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  • duckhunter
    You need to get a Texas drivers permit.
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  • jjeng951
    Thanks for double checking my logic =). The wording is just very confusing. I feel safer going through an FFL anyhow. I've never purchased a rifle through a private sale an despite it being advertised as unfired, still makes me feel a little iffy not knowing it's history. The big debate in my head is if it's worth saving the couple hundred bucks or for my own peace of mind buying brand new from a dealer.
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  • iwannausername
    Find out if there is a dealer near him that will accept it from him and transfer it to you. Meet there, inspect, and if you decide to take it run it thru the dealer and do it all legal w/ the paperwork.

    Or go get a TX dl and become a TX resident.
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  • sandwarrior
    Here's the information. Good read if you ever get the time.

    [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.
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  • Nwcid
    quote:Originally posted by us55840
    quote:Originally posted by Nwcid
    LEGALY speaking what you posted is exactly true.

    Per the ATF you can only purchase guns FTF in state and can only purchase rifles out of state though a dealer.

    Again legally speaking.






    Can you reference the ATF regulation on this please.

    Thought a private party could sell a rifle or shotgun to a person of another state OK but not handguns can only be between persons of the same state in a private sale.


    http://www.atf.gov/firearms/faq/faq2.htm#b
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  • Herschel
    No doubt a high percentage of the population is ignorant of the gun transfer regulations. Is ignorance of the law a valid defense against being convicted of a crime in federal court? I don't think so.

    sandwarrier, It is good to see solid information posted in response to a question. Thank you. Too often we see opinions or misinformation.
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