Posted: 12/19/2011 12:28:56 PM EDT
| My son is coming home for a vacation from texas I want to give him a handgun can a jersey ffl do the transfer or do I have to ship it to texas when he gets back home and have it transferd in texas ?Thanks for the help |
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Looks like you are shipping to TX.
Purchase Requirements
1. Handgun purchases by ....A. NJ resident from ........(1) NJ dealer = NICS check with a P2P and Photo ID ........(2) NJ resident = face to face with a P2P with Photo ID suggested ........(3) Out-of-state dealer = must be transferred through NJ dealer - Refer 1A(1) ........(4) Out-of-state resident = must be transferred through NJ dealer - Refer 1A(1) ....B. Out-of-state resident from ........(1) NJ dealer = must be transferred through buyer's home state dealer ........(2) NJ resident = must be transferred through buyer's home state dealer 2. Long gun purchases by ....A. NJ resident from ........(1) NJ dealer = NICS check with a FPID, COE and Photo ID ........(2) NJ resident = face to face with a FPID, COE with Photo ID suggested ........(3) Out-of-state dealer = NICS check with a FPID, COE and Photo ID ........(4) Out-of-state resident = must be transferred through ............a. NJ dealer = NICS check with a FPID, COE and Photo ID or ............b. Out-of-state dealer = NICS check with a FPID, COE and Photo ID ....B. Non-resident from ........(1) NJ dealer = NICS check with a FPID, COE and Photo ID ........(2) NJ resident = must be transferred through ............a. NJ dealer = NICS check with a FPID, COE and Photo ID or ............b. Out-of-state dealer = consult buyer's home state laws |
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According to the ATF, your son is a resident of TX, and the handgun must be transferred to him by a TX FFL. From the ATF website:
Q: What constitutes residency in a State? The State of residence is the State in which an individual is present; the individual also must have an 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 has two States of residence and 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, “Sales to Aliens in the United States,” in the General Information section of this publication. [18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11] –––––––––––––––––––––––––––––––––––––––––––––––––– Find an FFL in TX, and first make sure he will accept a handgun from you, a non-licensee. They may want you to find a local NJ FFL to send them the handgun... no laws against either practice - it's simply what the TX FFL will accept. Then, check with the TX FFL as to what ID your son will need. If your son has a photo ID issued by the state of TX, then he's good. If he only has his NJ DL, then he'll also need a copy of his orders showing Ft. Hood as his permanent duty station. The main idea here is get all your ducks in a row before shipping the pistol out - lest it wind up in some kind of limbo. |