Texas-Book-Gun Law Armed And Educated - Flipbook - Page 122
cause to believe that the person purchasing the firearm is prohibited
from possessing or receiving a firearm under federal or state law.
See 18 U.S.C. § 922(d). See also Sections II and III of this Chapter
for our discussion on disqualifications.
EXAMPLE:
Gene and Jezebel are friends, and Jezebel tells Gene that she
has just attempted to buy a gun from a local FFL dealer and that
she was denied because she was disqualified for some reason
under federal law (something about a conviction or restraining
order or drug use or psychiatric problems—Jezebel was too mad
to remember!). Gene says, “no problem, I’ll just sell you one of
mine,” and he does.
Gene has just committed a crime, because he knew (or at least
had reasonable cause to believe) that Jezebel was prohibited from
purchasing a firearm under the law.
B. How does the law determine a person’s residence when
buying or selling a firearm?
1. Individuals with one residence
For the purpose of firearms purchases, the person’s state of residence
is the state in which the person is present and where the individual
has an intention of making a home. See 27 CFR § 478.11.
2. What if a person maintains a home in two states?
If a person maintains a home in two (or more) states and resides
in those states for periods of the year, he or she may, during the
period of time the person actually resides in a particular state,
purchase a firearm in that state. However, simply owning property
in another state does not qualify a person as a resident for the
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