Legalities of Purchasing Out of State

Legalities of Purchasing Out of State

This is a discussion on Legalities of Purchasing Out of State within the General Firearm Discussion forums, part of the Related Topics category; Guys, I know it isn't legal to do a transfer through an FFL out of state, but what about a face to face transfer? I'm ...

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Thread: Legalities of Purchasing Out of State

  1. #1
    Senior Member Array firefighter4884's Avatar
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    Legalities of Purchasing Out of State

    Guys,

    I know it isn't legal to do a transfer through an FFL out of state, but what about a face to face transfer?

    I'm a resident of Indiana, but will be in TX pretty much constantly for the next 10 months +. Is it legal for me to purchase a handgun face to face in TX?

    Thanks,
    Jim
    Firefighter / EMT - Always Ready. Ever Willing.

    ~Never do anything that you don't want to have to explain to the paramedics...~


  2. #2
    Senior Member Array luvmyglock's Avatar
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    The key question here is: will you be taking up legal residence in the state of Texas? If you will be getting mail there, then the answer would be yes. If not, then you have not established residency there, and it would be illegal.
    EVIL PREVAILS WHEN GOOD MEN FAIL TO ACT.

  3. #3
    Member Array anthonydr2's Avatar
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    nope

  4. #4
    Senior Member Array raysheen's Avatar
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    Quote Originally Posted by firefighter4884 View Post
    Guys,

    I know it isn't legal to do a transfer through an FFL out of state, but what about a face to face transfer?
    according to FED law (there may be additional laws in your area):
    FTF in your state: legal for both long guns and handguns
    FTF out of state: never legal
    FFL in state: legal of course
    FFL out of state: long guns legal if they are legal in your state, handguns need to go to a dealer in your state.

  5. #5
    Member Array Prdator's Avatar
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    Short answer is NO... you can go to atf.gov and go to the FAQ's..

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    Residence issues again

    Quote Originally Posted by firefighter4884 View Post
    Guys,

    I know it isn't legal to do a transfer through an FFL out of state, but what about a face to face transfer?

    I'm a resident of Indiana, but will be in TX pretty much constantly for the next 10 months +. Is it legal for me to purchase a handgun face to face in TX?

    Thanks,
    Jim
    Texas, like other states, generally requires you to obtain a Texas DL if you are in the state for more than 25 or 30 days (I think it is 30 in TX). You similarly are required to register your vehicle here if it is in the state for more than 30 days.

    So, with Texas DL, car registered here, utility bill/ and or lease here, you are a resident of Texas. Sign up for a voter registration card in Texas too.

    These things together will define you to be a Texas resident and purchase legally in Texas.

    (Unless of course ATF has a time requirement for residency that differs from the state with regard to DL, voter registration, etc.)

  7. #7
    Senior Member Array XD in SC's Avatar
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    Military or temp duty??

    Training/schooling??

    10 months in TX technically means you have to become a TX resident after 30 days.

    Just like SC. What about people who come in for 3 months of schooling ?

    I guess in reality, the answer for you is NO you cannot legally buy FTF in TX.
    Sean
    XD 9SC | XD 45ACP Service | XD 45ACP Compact |Borealis
    "You may know where you are. God may know where you are. If you don't tell your dispatcher where you are, you'd better be on speaking terms with God!"

  8. #8
    Senior Member Array firefighter4884's Avatar
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    Thanks guys, I actually wasn't sure.

    Anyway, I'm in TX for a 10+ contract position, but go home once per month. Still considered to be working out of my home IN as far as I know.

    --Jim
    Firefighter / EMT - Always Ready. Ever Willing.

    ~Never do anything that you don't want to have to explain to the paramedics...~

  9. #9
    Ex Member Array FN1910's Avatar
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    I had a friend who spent 4 years in TX in the Air Force but never changed his permanent address from SC. When he got out of the USAF and moved back to SC he filed SC income taxes again. Shortly after he got a letter from the SC Tax office saying how about the last four years tax returns. Since TX had no state income tax he didn't have any returns to show.

    He went to his father who was a judge about helping him with it.
    His father asked:
    Did you ever get a TX drivers license? No
    Did you ever change your voting address to TX? No
    Did you ever change your car tags and insurance to TX? No
    Did you ever do anything to show that you werea resident of TX? No

    He said then pay the state of SC your income taxes. The moral is be careful when working out of state, it can bite you in the butt.

  10. #10
    VIP Member Array Supertac45's Avatar
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    It depends. Are you military? If no, I'd say no to your question.
    Les Baer 45
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