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Help Moderator

eauctionworxeauctionworx Member Posts: 11 ✭✭
edited March 2010 in Ask the Experts
The post "Firearm transfer within texas" was still active and I have received two emails today from users wanting to add to the post but can't because it is locked.

Kinda confused about why a post would be locked when it is still active and people had posted several responses during the last 24 hours.

Regardless, would you mind unlocking it?

Also, on the FAQ help section, on the Forum page, the link "Can't find your answer here? Send us an e-mail. " does not work and sends an automated response to your email address explaining; the email just sent will not be read by a human and I replied to an email address after being told not to.

Thanks in advance.

Brian
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    MBKMBK Member Posts: 2,919 ✭✭✭
    edited November -1
    Put your topic in GENERAL and it will not get locked at 10.
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    rufe-snowrufe-snow Member Posts: 18,650 ✭✭✭
    edited November -1
    All you have to do is to read our "STICKIES", for an explanation.

    http://forums.gunbroker.com/topic.asp?TOPIC_ID=306339

    If you want to continue the thread, reopen it with a topic header of "Firearm Transfer within Texas" #2"
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    mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    We lock them here at then posts. If you honestly feel that there are more questions left unanswered in the subject you can open a Part II and get another ten. The ten post lock is a long standing rule in this forum due to teh feeling that all questions are adequately answered after ten responses. This forum is not designed to allow for long term discussion and is all about asked and answered.
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    eauctionworxeauctionworx Member Posts: 11 ✭✭
    edited November -1
    Thanks for the multiple responses and detailed expalanation. I am new here and wondered around the forums trying to figure out where to ask my question? I finally decided on "Ask the experts" because other similiar posts were listed.

    I was unaware there was a 10 question limit. Evidently, so were a few other users.

    I was waiting for TexasBear to respond with links regarding transfer url's for Texas. Specifically, transfer between two resident Texan's - in person. He ended up emailing me directly when he was unable to post the links. I am happy to post the links, provided by TexasBear, as prescribed.

    Thanks again for everyone's help.

    Brian
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    nmyersnmyers Member Posts: 16,880 ✭✭✭✭
    edited November -1
    Brian, don't let the relative freedom you have in Texas lull you into a false sense of security. The federal agents at ATFE do not play games, & they don't give you a second chance. If you plan to buy & sell guns, you better make darn sure you know what you are doing.

    First, be sure that you have read ATF P5300.4, page 7, description of the term "engaged in the business". Yes, Texans can buy & sell guns among themselves, but "dealing without a license" is a federal offense.

    Second, folks make little mistakes that could cost them dearly. Texas Bear has admitted, on a public forum, that he sold a firearm in a FTF transaction to someone who came from another state; that is a felony under federal law. Hopefully, that will not be a problem for him.

    Go to the legal source for all legal information. Don't take anyone's word for anything.

    Neal
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    NwcidNwcid Member Posts: 10,674 ✭
    edited November -1
    Here is direct from the ATF about Federal rules, as NM said TB broke the law and admitted it,

    http://www.atf.gov/firearms/faq/unlicensed-persons.html

    Q: To whom may an unlicensed person transfer firearms under the GCA?
    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

    Q: From whom may an unlicensed person acquire a firearm under the GCA?
    A person may only acquire a firearm within the person's own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

    Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser's own State?
    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]

    As for Texas laws you will have to look here, http://www.atf.gov/publications/firearms/state-laws/29th-edition/index.html and find your state. I can tell you about WA law since I live here. You should read and know your laws if you plan on owning guns.

    As for buying and selling there is no # of guns you can or cant sell and be legal. It is illegal to be engaged in the business of buying and selling firearms you need an FFL and I dont believe (not sure) that going though an FFL changes that. Also there is no requirement for "profit" as is so often quoted, even if you sell at a loss you can still be "engaged in the business".

    So what this means is that if you are buying and selling guns as a "business" even if it is a hobby you NEED and 01 FFL. Even if it is only a few guns that you do this with you need an 01 FFL. Now say you have a collection of 300 guns and you decide to sell half (or any other number) you do not need an FFL. You are simply selling off your collection and are not "engaged in the business".

    Hope that makes some sense.
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    eauctionworxeauctionworx Member Posts: 11 ✭✭
    edited November -1
    Thanks everyone.

    For the record...I am just an individual and have never sold firearms for profit or as a business. I own a lot of firearms which were all prchased through local gun dealer or through Gunbroker via an FFL.

    Any guns I have sold, in the last 10 years, I have sold through GB or traded to my local dealer - both through FFL. More than 10 years ago...I sold a few firearms through the newspaper to resident Texan's and received copies of valid DL's, signatures on bill of sales, etc. before handing over firearms.

    Thanks again for everyone's help. I will always side with Federal Law and never take a chance over something as stupid firearm transfer. Not worth the risk for the weapon to end up in the wrong hands or commiting a felony.

    Again - thank you everyone.

    Brian
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    NwcidNwcid Member Posts: 10,674 ✭
    edited November -1
    quote:Originally posted by eauctionworx

    Thanks everyone.

    For the record...I am just an individual and have never sold firearms for profit ...


    I am sorry, that sucks. Most of the guns I have sold have been at a profit or I wold not have sold them. There is nothing wrong with making a profit at all, FFL or not. I was just saying that making a profit or not has NOTHING to do with needing an FFL.
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    eauctionworxeauctionworx Member Posts: 11 ✭✭
    edited November -1
    I understood what you said and appreciate your concern. I do NOT need an FFL for my purposes. Thanks again.
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