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9/22/2017 12:11:25 AM
Posted: 9/4/2005 7:38:19 PM EDT
Got a quick question....but first heres some background

I am a student at UH downtown and currently live (have paperwork to prove it) in Houston. Being a student, I am still a legal resident of West Virginia and still have a West Virginia Drivers License. I know for a fact that I can buy a rifle or a shotgun here in Texas but not a Pistol (from a dealer).

I was wondering if that same rule applied to private sales, ....I know I can buy a rifle or a shotgun in a private sale, but can I buy a pistol from a private citizen in a private sale?

Any help will be much appreciated

Chris



SEMPE­R FI
Link Posted: 9/4/2005 8:14:37 PM EDT
I can't think of any state laws that would stop you off the top of my head.

What you looking to buy?
Link Posted: 9/4/2005 8:27:20 PM EDT
I'm leaning towards a kimber, or springfield, or any medium to high end 1911

what do you have?
Link Posted: 9/5/2005 5:31:36 AM EDT
Link Posted: 9/5/2005 7:24:42 AM EDT
We had a guy come into Pruetts yesterday, said he was from Louisiana, could he buy a handgun? Nope, sorry. Long guns are okay, no pistolas.

I think you have to be able to prove 3 months of residencey in TX before you buy a handgun.
Link Posted: 9/5/2005 7:26:51 AM EDT
Link Posted: 9/5/2005 7:28:06 AM EDT

Originally Posted By COZ_45:

Originally Posted By txsouthpaw:
We had a guy come into Pruetts yesterday, said he was from Louisiana, could he buy a handgun? Nope, sorry. Long guns are okay, no pistolas.

I think you have to be able to prove 3 months of residencey in TX before you buy a handgun.



A Tx Driver's license is needed



does that go for military stationed here as well?
Link Posted: 9/5/2005 8:22:47 AM EDT
so in order to buy a gun from an FFL what would I need....is there any way to do it without a Texas drivers license?
Link Posted: 9/5/2005 8:32:48 AM EDT

Originally Posted By Marine2f2:
Got a quick question....but first heres some background

I am a student at UH downtown and currently live (have paperwork to prove it) in Houston. Being a student, I am still a legal resident of West Virginia and still have a West Virginia Drivers License. I know for a fact that I can buy a rifle or a shotgun here in Texas but not a Pistol (from a dealer).

I was wondering if that same rule applied to private sales, ....I know I can buy a rifle or a shotgun in a private sale, but can I buy a pistol from a private citizen in a private sale?

Any help will be much appreciated

Chris




If you are currrently residing in Houston, then you are a Texas Resident and can buy Handgun (if over 21), rifle or shotgun from an FFL. Same is true for private sales though age is 18.
Link Posted: 9/5/2005 8:43:11 AM EDT
Thanks for your post...I appreciate the info.

The thing is, I tried to buy a handgun at a local gun shop here, and even after I told them my story and that I could show them my car insurance policy with my Houston address on it, they told me that they still couldn't sell to me because I don't have a Texas driver's license.

I gues I could get a Texas drivers license, but don't you have to be a resident for like 6 months first, and I really dont want to get one, because I like still being a resident of WV (it's where I vote, hunt , and do other things where it's still helpful to have a WV drivers license)....

there has to be some way for me to buy a hangun from an FFL here without getting a texas license
Link Posted: 9/5/2005 9:26:20 AM EDT

Originally Posted By Marine2f2:
there has to be some way for me to buy a hangun from an FFL here without getting a texas license



1. Become a Texas Resident. Wait 90 days.

2. Join the Military, have PCS Orders to Texas.

3. Go back to WV, buy it, then come back.
Link Posted: 9/5/2005 9:28:50 AM EDT
thanks....so private salke would be the easiest way
Link Posted: 9/5/2005 11:53:46 AM EDT

Originally Posted By Marine2f2:
The thing is, I tried to buy a handgun at a local gun shop here, and even after I told them my story and that I could show them my car insurance policy with my Houston address on it, they told me that they still couldn't sell to me because I don't have a Texas driver's license.



Show them a Passport, University ID, etc. That satisfies the Govt. Issued Photo ID requirement.

Then show them Lease, school enrollment, utility bills, etc. to show residency requirement.
Link Posted: 9/6/2005 1:49:38 AM EDT
The ATF has made a revenue ruling on people who live in one state and live in another.

Any FFL can sell a gun to any resident of either state. When you go to college in state A, you are for the purposes of residency a resident of state A. When you go back to state B and live in state B, you are a resident of state B.

Dealers dont seem to realize this.

18 USC 921(B) and 922(b)(3), 27 CFR 178.11

ATF Revenue Ruling 80-21
Link Posted: 9/6/2005 4:49:18 PM EDT
Texas has a State ID card. Looks pretty much the same as a TX DL, but you can't drive with it. I had an elderly neighbor that used his to cash checks and what not. I don't know what the requirements are, or whether or not you would have to surrender your WV DL to get it, but if I were in your shoes I would certainly look into it.


Link Posted: 9/6/2005 6:32:11 PM EDT
[Last Edit: 9/7/2005 1:59:03 PM EDT by imcoltsguy]
Marine2f2
Sure, someone can use all sorts of ways to show a Texas address, but my understanding is that federal law requires the purchaser of a handgun to be a legal resident of the state in which it is purchased. Others may disagree, but if that is correct, how can someone maintain a drivers license and voting privileges in WV and claim legal residence in TX? In my own opinion they cannot, and I''m not certain what you are planning is legal. I can usually show a valid residence address in two, sometimes three, states, but--personal opinion--my buying a handgun in any state other than my one legal drivers license/voting etc. state of residence is not allowed.

If a dealer can't legally sell it to you, I would not sell it to you either, private citizen or not. Private sales are governed by the same laws as are dealers, except that dealers have certain exemptions and can, for example, sell a long gun to a resident of another state whereas a non-dealer cannot.

If I'm not correct, can someone post the specific language and federal statute that would allow this?
I would sincerely like to be wrong, but I've never seen language that would show that I am.


Link Posted: 9/7/2005 4:56:07 AM EDT
As you so stated, I'm not "planning" to do anything illegal. I am simply trying to get a grasp on the law so I don't in fact do something illegal.

I appreciate everyones posts, but so far, I have recieved so much conflicting information that it seems stupid to even want to buy a handgun in Texas anymore....maybe I'll just funnel all the extra funds into my SPR build


Thanks anyways guys and gals

Chris
Link Posted: 9/19/2005 5:56:50 PM EDT
[Last Edit: 9/19/2005 6:05:36 PM EDT by dukeofurl]

Originally Posted By imcoltsguy:
Marine2f2
Sure, someone can use all sorts of ways to show a Texas address, but my understanding is that federal law requires the purchaser of a handgun to be a legal resident of the state in which it is purchased. Others may disagree, but if that is correct, how can someone maintain a drivers license and voting privileges in WV and claim legal residence in TX? In my own opinion they cannot, and I''m not certain what you are planning is legal. I can usually show a valid residence address in two, sometimes three, states, but--personal opinion--my buying a handgun in any state other than my one legal drivers license/voting etc. state of residence is not allowed.

If a dealer can't legally sell it to you, I would not sell it to you either, private citizen or not. Private sales are governed by the same laws as are dealers, except that dealers have certain exemptions and can, for example, sell a long gun to a resident of another state whereas a non-dealer cannot.

If I'm not correct, can someone post the specific language and federal statute that would allow this?
I would sincerely like to be wrong, but I've never seen language that would show that I am.





(B12) What constitutes residency in a State?

The State of residence is the State in which an individual is present with the intention of making a home in that State. 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 the 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. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to
the date of sale of the firearm (See also Item 5, “Sale of Firearms to Aliensin the United States”, under Items of Interest).

[18 U.S.C. 921(b) and 922(b)(3), 27 CFR 178.11]

ATF Rul. 80-21

"State of residence" is defined by regulation in 27 CFR 178.11 as the
State in which an individual regularly resides or maintains a home.The
regulation also provides an example of an individual who maintains a home
in State X and a home in State Y.The individual regularly resides in State
X except for the summer months and in State Y for the summer months of the
year.The regulation states that during the time the individual actually
resides in State X he is a resident of State X, and during the time he
actually resides in State Y he is a resident of State Y.

Applying the above example to out-of-State college students it is held,
that during the time the students actually reside in a college dormitory
or at an off-campus location they are considered residents of the State
where the dormitory or off-campus home is located.During the time
out-of-State college students actually reside in their home State they are
considered residents of their home State.

[ATFB 1980-4 25]

Link Posted: 9/19/2005 6:44:55 PM EDT
[Last Edit: 9/19/2005 6:45:42 PM EDT by MauserMark]
why are handguns in federal and state laws treated as completely different things?

as if someone who intended to buy a firearm to go on a shooting spree would do more damage with a $700 1911, than a $700 AR with a 30 round magazine.

it's rediculous.
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