Im from Texas and taking a firearms class in Nevada, can i buy and bring back to TX?

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Kingofthehill

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Im going to be driving from Texas to Nevada next month to join the " Nevada firearms Academy" and take a course im interested in.

While being there, if i find a good deal at a gun shop (there are always a list of stuff im looking to come across in a gun shop), is it legal to buy it from there and bring it back to Texas with me? I'll be driving my truck and not flying so i can bring my own guns and ammo without needing to buy ammo there when i already have tons of my own. After i take the class im signed up for im going to be driving over to Arizona to see my sister and her new family before returning to Texas.

So is it possible? I am a Texas Resident, and if i run across a good deal at a pawn shop or gun shop can I buy it and bring it back with me to Texas?

Anyone know how this works? Ive never thought about it but i have probably 10-12 guns that aren't the most common and if i see one while im there i sure wouldl ike to bring it back with me (purchased legally, NOT from a Private Party and filling out a 4473 of course).

Anyone ever done this?

Thanks guys :cool:
 
Oh, Long gun is great! Other than the occasional 1911 id like to come across or an HKp7, im interested in several different long guns id like to own that are sometimes hard to get and sometimes ive just seen much better prices but didn't think about buying them and bringing them back.

Im going to research it some more to make sure of legality and reciprocity but even for long guns that would be great IMO.
 
purchased legally, NOT from a Private Party and filling out a 4473 of course
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Concerning handguns, those must be transferred through a TX FFL regardless of whom you purchase it from, private or otherwise.
 
smalls is correct--but there are a couple of important caveats besides the fact that all handguns must go through an FFL in your home state..

All purchases MUST be made from an FFL. You can not buy a gun from a person who is not a resident of your state unless that person is an FFL.

Neither the state in which you reside nor the state in which you purchase the gun can have laws that prevent the purchase. If either state has such a law, then all transfers, including long guns, must be done via an FFL in your state of residence.

I don't believe that either TX or NV has laws that would prevent you from purchasing a long gun during your stay in NV. I'm pretty sure about the TX side of the equation. Maybe someone from NV can weigh in from their perspective.
 
Since you're not a Nevada resident you're not buying anything.....sorry. You can order it from your home FFL from the Nevada FFL and have it sent to your home FFL.
 
Since you're not a Nevada resident you're not buying anything.....sorry. You can order it from your home FFL from the Nevada FFL and have it sent to your home FFL.
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That's not correct. If he is not a Nevada resident he cannot buy handguns in Nevada. He can however, buy a long gun in Nevada, from an FFL, as has already been stated. Keep your responses to your areas of expertise, because your answer is simply not true.
 
If i found a handgun that was on my list of MUST haves, then i would do whatever it took by going through FFl in Texas no problem. I also know i can't buy Private party while in AZ or NV.

But now that im getting into rifles (have always been a pistol guy), I was going to try and keep my eyes open for rifles like a .338 lapua, H&K, AR-10 even maybe?, maybe a classic winchester or M1 Garand, PS2000, etc.... there are just some that if caught my eye and were for a good price i would love to be able to puchase from a shop and just be able to drive home with it and not deal with the FFL on the Texas side if that is possible.

I have no idea if id even find anything that i would want or was a good price.... its just more of a what if? and if something was a good deal and caught my eye id like to see if i could ya know. Last thing i want to do is do anything illegal or wrong that could jepordize my ability to own a gun or something crazy simply because i got a good deal through a gun shop ya know.

Hopefully that makes sense. My a 1911 guy and i have STI in Texas so thats why pistols aren't too interesting with me but there are some long distance guns id like to see if i could find to buy. I also don't like just ordering online from FFL to FFL without holding it and feeling it before buying and if i were to find one on my list to look out for and it felt good then i would love to be able to buy one.

JOe
 
But now that im getting into rifles (have always been a pistol guy), I was going to try and keep my eyes open for rifles like a .338 lapua, H&K, AR-10 even maybe?, maybe a classic winchester or M1 Garand, PS2000, etc.... there are just some that if caught my eye and were for a good price i would love to be able to puchase from a shop and just be able to drive home with it and not deal with the FFL on the Texas side if that is possible.
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You are good to go. I've done this a few times myself just recently, albeit I live in WA and the rifles I bought were in OR. The OR FFLs ran the NICS checks, I drove home to WA with the rifles in my trunk.

The only catch I know of is the rifle must be legal to receive in BOTH states.
 
Another catch might be finding an FFL in Nevada that realizes he can sell a long gun to a non-resident. Some don't understand this and don't want to go through the hassle of looking it up and checking the Texas rules.
 
smalls, JohnKSa and bikermutt pretty much covered it. But for reference here is pretty much the whole story on interstate transfers (not including the rules for those with Curio and Relic licenses or the subject of dual residency):

[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).

[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

Here's what the statutes say:
18 U.S.C. 922. Unlawful acts

(a) It shall be unlawful—
...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph

(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
​
....

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph

(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes​

;...
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I always keep a copy of my FLL's letter with me (on my iPad) when I travel.

If a deal is found I will purchase the gun and have it shipped.

It is fun to have a gun waiting when you return home.

:D
 
Rob1109 said:
Since you're not a Nevada resident you're not buying anything.....sorry. You can order it from your home FFL from the Nevada FFL and have it sent to your home FFL.
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Federal law (18 USC 922(b)(3) posted above) specifically permits the purchase of a rifle or shotgun from an FFL in any state so long as the laws of the state the FFL is in and the laws of the state the purchaser is from allow it. There are no Nevada or Texas or Arizona statutes prohibiting the sale/purchase of the rifle/shotgun, so from an FFL, both his purchase AND receipt of a rifle/shotgun from an FFL would be legal.

He can also purchase handguns from a private party or FFL in those states so long as the purchased handguns are shipped to a Texas FFL for the actual transfer. He can also purchase rifles and shotguns from private party in those states and they can be transferred to him by an FFL in any of those states.
 
Nevada law is the problem. Nevada allows purchase of long guns only to residents of Nevada or states that share a common border with Nevada. Texas isn't one of those.
 
^^^ incorrect:



Assembly Bill 217 has been enrolled and is now awaiting action by Governor Brian Sandoval. Introduced by Assemblyman John Ellison (R-33), AB 217 would allow residents of non-contiguous states to purchase long guns in Nevada. In addition, it would also allow Nevada residents to purchase long guns in non-contiguous states. If enacted, this legislation would bring Nevada in line with the protections provided by the Firearms Owners Protection Act, which allows for the interstate sale of long guns by federally licensed firearms dealers.

Please contact Governor Sandoval and ask him to sign this important legislation into law. You can contact the Governor by phone at (775) 684-5670 or e-mail him by clicking here.

http://www.nraila.org/legislation/s...ernor’.aspx?s="Non-Contiguous+States"&st=&ps=

The bill passed to allow sales
 
Carrying copies of your local FFL with you is a great way to cover any firearms purchases from an FFL while traveling. If you can't take it with you they'll have a copy of the FFL of the receiving shop and it can be shipped. If you can take it along with you then you've lost nothing in the effort.
 
helotaxi said:
Nevada law is the problem. Nevada allows purchase of long guns only to residents of Nevada or states that share a common border with Nevada. Texas isn't one of those.
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Your information is about 15 years out of date. There never was a Nevada statute which prohibited a resident of Texas from buying and receiving a rifle or shotgun from a Nevada FFL. What did prohibit it was a Federal law which was repealed in a 1986 amendment to the GCA. It has been legal for a Texas resident to purchase and receive a rifle or shotgun from a Nevada FFL since that 1986 amendment to Federal law.

This is explained by the ATF in this FFL newsletter:

http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf
 
oneounceload said:
^^^ incorrect:



Assembly Bill 217 has been enrolled and is now awaiting action by Governor Brian Sandoval. Introduced by Assemblyman John Ellison (R-33), AB 217 would allow residents of non-contiguous states to purchase long guns in Nevada. In addition, it would also allow Nevada residents to purchase long guns in non-contiguous states. If enacted, this legislation would bring Nevada in line with the protections provided by the Firearms Owners Protection Act, which allows for the interstate sale of long guns by federally licensed firearms dealers.

Please contact Governor Sandoval and ask him to sign this important legislation into law. You can contact the Governor by phone at (775) 684-5670 or e-mail him by clicking here.

http://www.nraila.org/legislation/s...ernor’.aspx?s="Non-Contiguous+States"&st=&ps=

The bill passed to allow sales
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Good. That's changed since I left NV about 3 years ago. A similar change was made to NM law this last year.
 
helotaxi said:
Good. That's changed since I left NV about 3 years ago. A similar change was made to NM law this last year.
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However, the actual statute that prohibited a Texas resident from buying/receiving a rifle or shotgun from an FFL in Nevada changed in 1986.
 
NavyLCDR said:
However, the actual statute that prohibited a Texas resident from buying/receiving a rifle or shotgun from an FFL in Nevada changed in 1986.
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Only at the federal level. NV state law mirrored the federal law and even though the federal law was changed in '86, the state law was only recently changed as evidenced by the link posted above.
 
oneounceload said:
The Federal statute did in 1986, however several states did not change theirs until later
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They didn't need to.

helotaxi said:
Only at the federal level. NV state law mirrored the federal law and even though the federal law was changed in '86, the state law was only recently changed as evidenced by the link posted above.
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Wrong. The Nevada law was permissive only. That specific Nevada statute never prohibited anything. You didn't read the link to the ATF newsletter, did you?

http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

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.
Click to expand...

Both Nevada and Texas statutes NEVER CONTAINED ANY PROHIBITIONS for out of state purchase/sales! Therefore, in 1986 when the GCA was amendend, those PERMISSIVE state laws also allowed residents to acquire a long gun in ANY OTHER STATE!

This is a huge problem that we have amongst the pro gun crowd - we are so afraid of government regulations that we continue to make up regulations that don't exist - or in this case havn't existed in 15 years!

Here is an example of Oregon law that was PERMISSIVE only and did NOT PROHIBIT ANYTHING. Lets say in 1980, before the amendment to the GCA, if an Oregon resident bought a rifle in Florida and brought it back to Oregon, what provision of Oregon law would the be violated? It could not be 166.490 below, because there is no prohibition contained in 166.490 below! It's like laws that allow me to drive a car on public roads with a driver's license. Just because the law allows me to drive a car on public roads with a driver's license, am I violating that law if I ride a bicycle or walk? Of course not. Because there is nothing in the driver's license law that PROHIBITS walking or riding a bicycle. The driver's license law is only PERMISSIVE to drive a car with a driver's license, but does NOT PROHIBIT a bicycle or walking. Even without paragraph (4) below, 166.490 became completely meaningless when the GCA was amended in 1986 as did the Nevada and Texas and all other state laws the only PERMITTED contiguous state sales, but prohibited NOTHING.

166.490 Purchase of firearms in certain other states. (1) As used in this section, unless the context requires otherwise:

(a) “Contiguous state” means California, Idaho, Nevada or Washington.

(b) “Resident” includes an individual or a corporation or other business entity that maintains a place of business in this state.

(2) A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state and receive in this state or transport into this state such rifle or shotgun, unless the purchase or transfer violates the law of this state, the state in which the purchase or transfer is made or the United States.

(3) This section does not apply to the purchase, receipt or transportation of rifles and shotguns by federally licensed firearms manufacturers, importers, dealers or collectors.

(4) This section expires and stands repealed upon the date that section 922(b) (3) of the Gun Control Act of 1968 (18 U.S.C. 922(b) (3)) and regulations pursuant thereto are repealed or rescinded. [1969 c.289 §§1,2,3,4]
 
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Nevada DID have such a provision as cited in the ILA bulletin above. Did you read that?

From the ATF bulletin:

"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."

Nevada amended their laws in 2011 according to the ILA release. I lived there for several years and actually looked up the respective law in the Nevada Revised Statutes.

Some states may have been permissive. Nevada was not one of them.
 
Which is surprising as I lived there for 23 years and with all of the other things they allow - 24/7 gambling, drinking, and prostitution, you'd think would have been cleared up a long time ago
 
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