T G D A  N E W S L E T T E R

  E-news for the Texas firearms  industry                                                                         August, 2004

To our TGDA gun owner members . . .

Can you answer these questions?

To whom may an unlicensed person transfer firearms under the federal Gun Control Act (GCA)?

A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. A firearm other than a curio or relic may not be transferred interstate to a licensed collector.

 

From whom may an unlicensed person acquire a firearm under the GCA?

A person may only buy a firearm within the person’s own state, except that he or she may buy 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.

 

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.

 

May an unlicensed person obtain ammunition from an out-of-state source?

Yes, provided he or she is not a person prohibited from receiving firearms and ammunition.

 

May a nonlicensee transport firearms for sporting or other lawful purposes?

Yes. Federal law provides a person, who is not prohibited by the GCA from receiving or transporting firearms, the right to transport a firearm under certain conditions, notwithstanding state or local law to the contrary. The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also, the carrying and possession must be lawful at the place of origin and destination.

 

May a nonlicensee ship a firearm through the U. S. Postal Service?

A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.

 

May a nonlicensee ship a firearm by carrier?

A nonlicensee may ship a firearm by carrier to a resident of his or her own state or to a licensee in any state. A common or contract carrier must be

used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract

carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

 

May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to himself or herself in care of another person in the state where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

 

May a person who is relocating out-of-state move firearms with other household goods?

Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her state of residence. Certain NFA firearms must have prior approval from the Bureau of ATF, NFA Branch, Washington, DC 20226, before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check state and local laws where relocating to ensure that movement of firearms into the new state does not violate any state law or local ordinance.