User Panel
Posted: 2/8/2020 4:22:48 PM EDT
I figured this was the place to ask.
I went into EZ loans and jewelry pawn shop in Kemah the day before yesterday to see about buying a handgun. He told me non residents can't buy handguns. (unless they buy it there, and have it shipped to an FFL in their home state) Can't buy long guns either. (Unless you're a non resident from a bordering state I think he said) Can I have one of my handguns shipped from my home state (ME) to an FFL here in TX? Or any other legal way? Thanks for any help fellas. It feels weird not having access to any firearms. Let alone being able to carry. (Even if I can get a handgun here, I still can't carry. Which sucks) *Side note. I should have brought one with me. For some reason I was under the impression that you couldn't drive through NY with ANY handgun. But looking now, it states that if it's unloaded and out of reach, it is legal. |
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Can't buy long guns either. (Unless you're a non resident from a bordering state I think he said) View Quote Quoted:
Can I have one of my handguns shipped from my home state (ME) to an FFL here in TX? Or any other legal way? View Quote |
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I figured this was the place to ask. I went into EZ loans and jewelry pawn shop in Kemah the day before yesterday to see about buying a handgun. He told me non residents can't buy handguns. (unless they buy it there, and have it shipped to an FFL in their home state) Can't buy long guns either. (Unless you're a non resident from a bordering state I think he said) Can I have one of my handguns shipped from my home state (ME) to an FFL here in TX? Or any other legal way? Thanks for any help fellas. It feels weird not having access to any firearms. Let alone being able to carry. (Even if I can get a handgun here, I still can't carry. Which sucks) *Side note. I should have brought one with me. For some reason I was under the impression that you couldn't drive through NY with ANY handgun. But looking now, it states that if it's unloaded and out of reach, it is legal. View Quote You could have shipped yourself a firearm, that's perfectly legal, but since you're here now you obviously cannot do that. Stay out of sketchy areas and enjoy visiting our fair metropolis. |
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Well he is only 34 years out of date on that one. yes, but you would need TX ID to pick it up. You should have brought it with you, or shipped it to yourself. View Quote View All Quotes View All Quotes Quoted:
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Can't buy long guns either. (Unless you're a non resident from a bordering state I think he said) Quoted:
Can I have one of my handguns shipped from my home state (ME) to an FFL here in TX? Or any other legal way? Ya I fucked up not bringing one with me. ETA: maybe I'll buy a shotgun or something. Something to keep in my place. And I was reading you can carry a loaded long gun in your vehicle. (Correct me if I'm wrong please. Don't feel like going to jail in TX) Would be nice to have something. |
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Quoted: *Side note. I should have brought one with me. For some reason I was under the impression that you couldn't drive through NY with ANY handgun. But looking now, it states that if it's unloaded and out of reach, it is legal. View Quote From NRAILA.org Non-Residents It is unlawful for any person to carry, possess or transport a handgun in or through the state unless he has a valid New York license. A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel if the person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container. Nonresidents competing in an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association, or an organized match sanctioned by the International Handgun Metallic Silhouette Association, may enter or pass through New York State within forty-eight hours of such an event for the purposes of travelling to and from the event, provided the competitor also has in his or her possession a pistol license or firearms registration card issued in accordance with the laws of the place of residence; has not been previously convicted of a felony or a crime which, if committed in New York, would constitute a felony; and the pistols or revolvers are transported unloaded in a locked opaque container together with a copy of the match program, match schedule or match registration card. Possession of firearms by a person who is a nonresident of this state is lawful while attending or traveling to or from an organized convention or exhibition approved by the NRA, and in which the nonresident is a registered participant within forty-eight hours of such event, provided that the nonresident has not been previously convicted of a felony and further provided that the firearms are transported unloaded in a locked opaque container together with a copy of the convention or exhibition program, convention or exhibition schedule, or convention or exhibition registration card. This provision does not apply in NY cities not wholly contained within a single county. A non-immigrant alien may possess a rifle or shotgun for use while hunting provided he has a valid hunting license issued by New York State and an approved gun import form from the BATFE. In Osterweil v. Bartlett, 21 N.Y.3d 580, 999 N.E.2d 516 (N.Y. 2013), the Court of Appeals of New York ruled that the state handgun licensing statute did not preclude the applicant, a previous resident who became a part-time resident of New York when he acquired a permanent domicile elsewhere, from being eligible for a New York handgun license in the city or county where his part-time residence was located. |
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FOPA86 was supposed to allow Safe Passage, but many states ignore it.
18 U.S. Code §?926A.Interstate transportation of firearms Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. |
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More from NRAILA:
NEW YORK—Use extreme caution when traveling through New York with firearms. New York state’s general approach is to make the possession of handguns and so-called “assault weapons” and “large capacity ammunition feeding devices” illegal and then provide exceptions that the accused may raise as “affirmative defenses” to prosecution in some cases. NY Penal Code s. 265.20(12), (13) & (16). A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city police commissioner validating a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies, such as when the New York City police commissioner has issued a special permit to the licensee or “the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted.” Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration. |
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18 U.S. Code §?926A.Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. (Added Pub. L. 99–360, §?1(a), July 8, 1986, 100 Stat. 766.) |
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With all this said. Nope. I wouldn't.
Mail it or leave it at home. Driving through NY with handguns is recipe for disaster. |
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With all this said. Nope. I wouldn't. Mail it or leave it at home. Driving through NY with handguns is recipe for disaster. View Quote I didn't want to risk that shit. Fuck that. It's stupid I can't have a family member ship me MY OWN firearm to an FFL in another state and go pick it up. (Actually it's stupid they can't mail it directly to me. It is mine after all. But, gotta obey the law) |
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I suppose were I to have to drive through New York, I would put anything slightly questionable in a locked nondescript case, inside the locked toolbox.
Were I feeling especially paranoid I might mail the keys to my destination. |
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On long guns, the adjacent/bordering state thing is ancient history and no longer valid. The only restriction on buying a long gun out of state is that it must be legal or of a legal configuration wherever home is for you. You could have shipped yourself a firearm, that's perfectly legal, but since you're here now you obviously cannot do that. Stay out of sketchy areas and enjoy visiting our fair metropolis. View Quote |
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@SilasB I have not heard of that change to Texas law. It could mean additional business for us. Please explain what changed, when it changed, and site a reference. View Quote |
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Quoted: @SilasB I have not heard of that change to Texas law. It could mean additional business for us. Please explain what changed, when it changed, and site a reference. View Quote RenegadeX answered this. You can also read it here: https://www.atf.gov/firearms/qa/may-licensee-sell-firearm-nonlicensee-who-resident-another-state If you have questions about best practices and other FFL issues, the "Conduct of Business" is a good section among others: https://www.atf.gov/questions-and-answers Or ring up your local ATF office for a chat. They actually do answer questions. |
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Quoted: As I alluded, it was changed 34 years ago as part of the Firearms Owners Protection Act. Public law 99-308 would be your reference. relevant portion codified at 18 USC 922 [b](3). View Quote Thanks for the response. |
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....However, there is a Texas law that prohibits us selling a long gun to anyone that does not reside in Texas, New Mexico, Oklahoma, Arkansas or Louisiana.... View Quote View All Quotes View All Quotes Quoted:
....However, there is a Texas law that prohibits us selling a long gun to anyone that does not reside in Texas, New Mexico, Oklahoma, Arkansas or Louisiana.... When RenegadeX gives an opinion on firearm regs you can trust that. As mentioned several times, the contigious state restriction disappeared with FOPA in 1986. Further, ATF reminded has FFL's several times since then: August 2004 FFL Newsletter In an article that appeared in the December 2002
edition of the FFL Newsletter, we advised FFLs that the “contiguous state” provisions of the Gun Control Act were amended in 1986, and that the GCA allows dealers to sell or dispose of a long gun to a resident of another state provided, (1) the purchaser was not otherwise prohibited from receiving or possessing a firearm under the GCA, and ( 2) the sale, delivery and receipt fully comply with the legal conditions of sale in the buyer’s and seller’s States. The condition of sale relating to compliance with the applicable laws of both States cited above continues to cause confusion among dealers, particularly among those dealers who conduct business in a State whose laws presently contain language that allows “contiguous state” sales. Historically, prior to the 1986 amendments to the GCA, many States enacted provisions in their laws that allowed their residents to acquire a long gun in a contiguous State. For the most part, these State law provisions were modeled after the contiguous state provisions of the GCA. However, even though the GCA was amended in 1986 to allow the sale of long guns to residents of any State pursuant to the conditions cited above, many States have not yet amended their laws to reflect similar language. ATF takes the position that if the laws of a given State allow its residents to acquire a long gun in a contiguous State, those laws also allow its residents to acquire a long gun in any other State where the laws of that State permit such transactions, unless the language contained in that State’s law expressly prohibits it residents from acquiring a firearm outside that State. Questions regarding particular State law provisions should be referred to your local ATF office. |
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Ok, that is what I thought. I agree there is no federal statute to prevent Texas gun dealers selling a long gun to any legal resident of the USA. View Quote View All Quotes View All Quotes Quoted:
Ok, that is what I thought. I agree there is no federal statute to prevent Texas gun dealers selling a long gun to any legal resident of the USA. Quoted:
However, there is a Texas law that prohibits us selling a long gun to anyone that does not reside in Texas, New Mexico, Oklahoma, Arkansas or Louisiana. |
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How long you been in business? 'Cause Texas doesn't restrict sales to contigious states. When RenegadeX gives an opinion on firearm regs you can trust that. As mentioned several times, the contigious state restriction disappeared with FOPA in 1986. Further, ATF reminded has FFL's several times since then: August 2004 FFL Newsletter View Quote IF you read my first post carefully you will see it was not derogatory, nor was it meant to be. I was simply asking for some clarification to make sure I had not missed a significant change to the laws pertaining to long gun sales. |
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Quoted: Texas, Arkansas, New Mexico, Oklahoma and Louisiana are contiguous states. We can and do sell long guns to residents of those states. That is what I said in my last post. View Quote View All Quotes View All Quotes Quoted: Texas, Arkansas, New Mexico, Oklahoma and Louisiana are contiguous states. We can and do sell long guns to residents of those states. That is what I said in my last post. Quoted:
....However, there is a Texas law that prohibits us selling a long gun to anyone that does not reside in Texas, New Mexico, Oklahoma, Arkansas or Louisiana.... I was simply asking for some clarification to make sure I had not missed a significant change to the laws pertaining to long gun sales. |
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How long are you going to be in TX? Are you planning to eventually go back to ME?
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I'll probably be here a month or 2. I'll probably end up going back home this spring.
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couldn't you order a poly 80 glock and complete it? View Quote If you've wanted to try a pistol optic, you can build one quite cheap. I made a compensated pistol and put a Swampfox optic on it for about $600 total. Check out this thread for more info on manufacturing your own pistol: https://www.ar15.com/forums/t_1_5/2075494_Polymer80-So-easy-a-caveman-could-do-it-.html |
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Why are you in TX? School? Work? Military? One of those options will let you buy firearms with ease View Quote View All Quotes View All Quotes |
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