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Need gun selling advice #8801544 02/14/23 04:17 PM
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bluetopper Offline OP
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I live 15 miles from the Red River and I have 2 rifles listed here on the forum for sale. This guy who lives in OK says he wants to buy them both (red flag) and will meet me on my side of the river and he says he has a valid Texas DL.
Is this lawful? Thanks for the advice.


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Re: Need gun selling advice [Re: bluetopper] #8801561 02/14/23 04:35 PM
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18 U.S. Code 922(a)(3) and 922(a)(5) prohibits private sales across state lines. Even though he has a TX DL, you already have knowledge that he resides in OK.

I'm not a lawyer, but I did stay in a Holiday Inn last night.


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Originally Posted by Nolanco
current federal policy is clearly irrational, scientifically insupportable and ridiculous.
Re: Need gun selling advice [Re: bluetopper] #8801576 02/14/23 04:47 PM
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That is what I suspected that the law may say.

From his first contact I thought I may be being set up because he asked no questions about the guns, didn’t try to counter offer. He just offered to buy them both no questions asked.


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Re: Need gun selling advice [Re: bluetopper] #8801598 02/14/23 05:23 PM
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Originally Posted by bluetopper
That is what I suspected that the law may say.

From his first contact I thought I may be being set up because he asked no questions about the guns, didn’t try to counter offer. He just offered to buy them both no questions asked.


I doubt you're being set up. More like a felon who is prohibited from buying one with a dealer.

Re: Need gun selling advice [Re: ntxtrapper] #8801611 02/14/23 05:37 PM
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Originally Posted by ntxtrapper
Originally Posted by bluetopper
That is what I suspected that the law may say.

From his first contact I thought I may be being set up because he asked no questions about the guns, didn’t try to counter offer. He just offered to buy them both no questions asked.


I doubt you're being set up. More like a felon who is prohibited from buying one with a dealer.

It's quite possible that he just likes those guns, and, other than living in a different state, he's totally on the up and up. Maybe offer to sell to him through an FFL. I believe you can legally sell to someone in another state through an FFL.


http://www.boatloan.com/michael-hunt/

Originally Posted by Nolanco
current federal policy is clearly irrational, scientifically insupportable and ridiculous.
Re: Need gun selling advice [Re: unclebubba] #8801617 02/14/23 05:41 PM
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Yes you can. I may ask him if he wants to go through an FFL.


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Re: Need gun selling advice [Re: unclebubba] #8801619 02/14/23 05:44 PM
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Originally Posted by unclebubba
Originally Posted by ntxtrapper
Originally Posted by bluetopper
That is what I suspected that the law may say.

From his first contact I thought I may be being set up because he asked no questions about the guns, didn’t try to counter offer. He just offered to buy them both no questions asked.


I doubt you're being set up. More like a felon who is prohibited from buying one with a dealer.

It's quite possible that he just likes those guns, and, other than living in a different state, he's totally on the up and up. Maybe offer to sell to him through an FFL. I believe you can legally sell to someone in another state through an FFL.


Yes, this. I just shipped a rifle to a buyer in Colorado - delivered it to my local FFL, and they shipped it to his local FFL.


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Re: Need gun selling advice [Re: unclebubba] #8801620 02/14/23 05:47 PM
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Originally Posted by unclebubba
Originally Posted by ntxtrapper
Originally Posted by bluetopper
That is what I suspected that the law may say.

From his first contact I thought I may be being set up because he asked no questions about the guns, didn’t try to counter offer. He just offered to buy them both no questions asked.


I doubt you're being set up. More like a felon who is prohibited from buying one with a dealer.

It's quite possible that he just likes those guns, and, other than living in a different state, he's totally on the up and up. Maybe offer to sell to him through an FFL. I believe you can legally sell to someone in another state through an FFL.


Anything is possible, but after standing there watching cartel suppliers buy them at gun shows, zero haggling for two guns is a sure good indicator of a prohibited person.

Re: Need gun selling advice [Re: bluetopper] #8801679 02/14/23 06:54 PM
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Originally Posted by bluetopper
I live 15 miles from the Red River and I have 2 rifles listed here on the forum for sale. This guy who lives in OK says he wants to buy them both (red flag) and will meet me on my side of the river and he says he has a valid Texas DL.
Is this lawful? Thanks for the advice.


Don't do it without going through an FFL. You don't want to be the seller in Texas who unintentionally commits a felony or worse for you to get caught up in an ATF sting for something you may not have been aware was illegal to do.

If someone from out of state is offering to meet a buyer in Texas, the transaction in Texas must be done through an FFL. See: https://faq.sll.texas.gov/questions/44008 (if private sellers want to make a sale across state lines, they must get help from an FFL dealer in the state where the buyer lives). https://guides.sll.texas.gov/gun-laws/sales-across-state-lines

See: https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
"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 transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check."

And though it does not need to be said, complying with firearms laws is one of our trading post rules. https://texashuntingforum.com/forum/ubbthreads.php/topics/8467055/

15. Transactions related to firearms and ammunition:
You are responsible to know and comply with all federal, state, and local laws governing the offering, transfer, and sale of firearms, ammunition and other items. If you are caught engaging in the “business” (as defined by the ATF) of buying and selling firearms without a Federal Firearms License (FFL), your THF account will be closed. Visit these web sites for additional information:
Federal Firearms Regulations Reference Guide and FAQs - https://www.atf.gov/firearms/faq/
State Laws and Published Ordinances - https://www.atf.gov/firearms/state-laws-and-published-ordinances-firearms-34th-edition
NRA Federal and State Firearms Laws - https://www.nraila.org/gun-laws/
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Re: Need gun selling advice [Re: bluetopper] #8801740 02/14/23 08:22 PM
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Easy way to see if he is legit or not is to tell him you'll only go through the FFL and transfer it to him and you'll cover the transfer fees. If he refuses, then I think that answers your question.


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Re: Need gun selling advice [Re: bluetopper] #8801777 02/14/23 09:13 PM
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Yep.

Re: Need gun selling advice [Re: bluetopper] #8801778 02/14/23 09:17 PM
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Trust your gut.

Re: Need gun selling advice [Re: bluetopper] #8801881 02/15/23 12:50 AM
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Id tell him it has to go thru FFL otherwise, he needs to stick to Oklahoma Hunting Forum.

Re: Need gun selling advice [Re: ntxtrapper] #8801977 02/15/23 05:28 AM
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Originally Posted by ntxtrapper
Originally Posted by unclebubba
Originally Posted by ntxtrapper
Originally Posted by bluetopper
That is what I suspected that the law may say.

From his first contact I thought I may be being set up because he asked no questions about the guns, didn’t try to counter offer. He just offered to buy them both no questions asked.


I doubt you're being set up. More like a felon who is prohibited from buying one with a dealer.

It's quite possible that he just likes those guns, and, other than living in a different state, he's totally on the up and up. Maybe offer to sell to him through an FFL. I believe you can legally sell to someone in another state through an FFL.


Anything is possible, but after standing there watching cartel suppliers buy them at gun shows, zero haggling for two guns is a sure good indicator of a prohibited person.


I would say that is a pretty rare exception. I sell guns and even though I never ask for a bill of sale I usually have run the persons name before I even meet up with them and then verify it after the transaction by running their plate number. Never once in the 20 odd years that I have been doing that have I come across a person that is prohibited. If I did find that someone had a record after I sold them a gun I would probably not contact the law if it was not serious but I may contact the buyer and give them a chance to sell it back to me. I kind of helps that I mostly just sell to guys on this site and have yet to meet anyone from here that has caused any concern. Marrying a woman who has a relative who works for the BATF has also given me some insights about how the government really views guns owned by prohibited persons. In general they aren't concerned unless that person is trafficking them or is likely to cause harm with them. They could care less about a guy wanting to go hunting or plinking.

To answer the original question that this post is about I wouldn't knowingly break a gun law. If the guy has a TX DL see if he still owns the house listed on his DL then you are probably in the clear. Lots of people myself included have a home in an adjacent state that is a secondary home.

I did sell a Glock to a client of mine who decided to shoot an Allen office and a McKinney officer about 30 years ago and a Trooper killed him on the side of 75. The guy was squeaky clean so it goes to show you that you can never really tell.

Re: Need gun selling advice [Re: blkt2] #8803080 02/17/23 02:49 AM
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Originally Posted by blkt2
Originally Posted by ntxtrapper


Anything is possible, but after standing there watching cartel suppliers buy them at gun shows, zero haggling for two guns is a sure good indicator of a prohibited person.


I would say that is a pretty rare exception. I sell guns and even though I never ask for a bill of sale I usually have run the persons name before I even meet up with them and then verify it after the transaction by running their plate number. Never once in the 20 odd years that I have been doing that have I come across a person that is prohibited.


It wasn't that difficult. We would just stand next to folks we had picked off and listen to the conversation. If they wanted 3 AK's, wouldn't dicker on the price, paid cash and would never fill out a 4473, we followed them off and they were felons buying for Del Golfo or Sinaloa.

Re: Need gun selling advice [Re: bluetopper] #8803111 02/17/23 03:55 AM
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^^^ I guess that does kind of stand out.

Personally I haven't sold at gun shows since I gave up my FFL and that was about 23 years ago. I do recall selling multiple AKs at a time to individuas but they were $300 guns back then and it wasn't uncommon to shoot them until the barrels were glowing and ruined when you could get 1000rds of Norinco ammo for $60. I wonder if any that I sold ever made it south of the border.

Re: Need gun selling advice [Re: bluetopper] #8803191 02/17/23 12:34 PM
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Had same happen to me. I am 7 miles from the Red River and a user here with OK as his location responded to my ad. Said he'd send a friend from TX with a TX license and the money. I declined.


Pass the gravy.


Re: Need gun selling advice [Re: bluetopper] #8804626 02/19/23 10:19 PM
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Glad I read this and why are people from OK trying to buy firearms on this forum ?.Kind of makes me wonder.


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Re: Need gun selling advice [Re: bluetopper] #8806112 02/22/23 01:58 PM
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Best answer: FFL as it minimizes stress and legalities on your part.
Once you get money and hand it off to FFL you are done with it.
If they refuse FFL, there's your sign.


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Re: Need gun selling advice [Re: bluetopper] #8817869 03/14/23 04:13 PM
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I think you could find a gun dealer properly licensed that could do the deal for a few dollars. I'm not certain on the law but (I think) You can ship/drive and deliver to an out of state DEALER in OK and then the OK resident picks up from the dealer. Saves a lot of headaches.

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