legali question: handgun txfer
Ok, what is the leaglity of this?
I am in th military, my Home of Record is TEXAS.
But I live in Maryland. (ugh)
Can I drive out to TX an while in TX, legally sell a handgun privately?
How about other states (not Maryland, where private sal eof handguns is not cool w/o police transfer records)
C-
_________________________
"The day that they come get your guns, is just
one day before they use them on you!"
I am in th military, my Home of Record is TEXAS.
But I live in Maryland. (ugh)
Can I drive out to TX an while in TX, legally sell a handgun privately?
How about other states (not Maryland, where private sal eof handguns is not cool w/o police transfer records)
C-
_________________________
"The day that they come get your guns, is just
one day before they use them on you!"
0
-
tough question. Two RESIDENTS of the same state can do so, but your problem will come fron the resisdent thing. You Live in MD, but where is your license from? If it is from MD, then you are a MD resident and I would beleive that sale to be illegal. Now, if your license is TX, then you probably could do it, but if there were ever a problem with the gun and it were investigated, they may prove that although the license was TX, you were in fact a MD resident due to living here, and may charge you. Try the ATF main office.
BTW, I did the transfer on an AR15 at the MSP station &only cost $10.They were totaly cool with it too, just filled out the papers and verified the SN, and I was out the door. Better than I expected.
A great rifle with a junk scope,....is junk.0 -
While in the military, your home of record is your residence, for all legal intents and purposes,
Your local laws differ from state to state, but Federal law states that to enhance or decrease your private collection, private sales do not fall under Federal guidelines.
As far as selling in TX , since that is your legal residence, follow their laws and act accordingly.
LR0 -
According to ATF P5300.5 (State Laws and Public Ordinances) it is legal as long as the buyer is not knowingly going to commit a crime, is not a convicted felon, is over 18, is not under court order or on parole, and is not knowingly intoxicated. Doesn't mention anything about non-resident or out of State license holder. 0 -
Sorry guys, but most of the information posted on this question is just plain wrong.
According to the Federal Firearms Regulations Reference Guide (ATF P5300.4), page 136:
"A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and member's permanent duty station is in a nearby State to which he or she commutes each day, then the member may purchase a firearm in either the State where the duty station is located or the State where the home is maintained."
Federal law on interstate transfers applies to ALL firearms, whether handguns or long guns. On page 135:
"A person may sell a firearm to an unlicensed resident of his or her State, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any State."
Neal0 -
nnmeyers is correct. Although the Soldier's and Sailor's Civil Relief Act allows a member of the armed forces to maintain his legal domicile in his home state, this is primarily for tax purposes so that he is not taxed by more than one state. For the purpose of purchasing firearms, he is a resident of the state in which he is stationed. 0
Please sign in to leave a comment.
Comments
5 comments