Need some legal minds to chime in on possible sale I may make

[YukonGlocker]

Here's a quote from the ATF FAQ:

Transferring/Shipping/Possession of Firearms: 4.
- May I lawfully transfer a firearm to an individual who resides in a different State?
- What if the individual resides within the same State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. § 922(a)(5)(A).

Link follows: https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

Bottom Line - no sales/transfers to a resident of another State without going through an FFL of the receiver's State of residence (with a couple of exceptions)

@Gabriel42 does the bold/underlined part affect the discussion we had the other day about transporting the gun to out-of-state FFL? Looks to me like this could be interpreted as it has to be shipped. The "has to be shipped" norm may have started with this.

 

[nofearfactor]

In my case I have an OK DL and also a CA state issued ID for just in case Im asked for ID while Im living there- banking, etc. I dont buy guns there tho so no need to have one just for that. But I guess its possible in this TX guys case. I was living part time in 3 states prior to selling my half of a business in Iowa this past year. I lived in CA and IA before moving to OK and making it CA, IA, and OK. Things get really confusing with all kiinds of stuff when you do that. Now, my wife has made us an offer on a place in Longmont CO so, looks like Im adding another place to live soon and our friends and relatives there can get their spare bedrooms back, lol.

 

[doctorjj]

No, the OP says that the buyer states that he is a resident of TX who currently lives in OK. That assertion alone convinces me that a non-TX resident seller, having been made aware of this, should insist on trasnferring the weapon through a TX FFL.

You are correct. Had been a while since I read OP's initial post.