Texas-Book-Gun Law Armed And Educated - Flipbook - Page 132
the firearm to the purchaser’s FFL in the recipient/buyer’s state,
where the FFL will complete the transfer process. See ATF
Procedure 2020-2. It is a federal crime to sell or transfer a firearm
between persons who are residents of different states, or where a
transfer takes place in a state other than the transferee/transferor’s
singular state of residence.
B. Can I purchase firearms on the internet?
Yes. However, all legal requirements for a transfer must be
followed. If the buyer and seller are both residents of Texas, then
the two may lawfully conduct a private sale so long as all other legal
issues are satisfied (see our earlier discussion on disqualifications
to purchasing and possessing firearms in this Chapter). However, if
buyer and seller are not residents of the same state, the transaction
can only be legally facilitated through an FFL.
C. Shipping firearms
1. Can I ship my firearm through the United States Postal Service
(“USPS”)?
Long guns: yes. Handguns: no. However, under federal law, a
non-licensed individual may not transfer (and this would include
shipping to someone) a firearm to a non-licensed resident (nonFFL) of another state. However, a non-licensed individual may
mail a long gun to a resident of his or her own state, and they may
also mail a long gun to an FFL of another state. To that end, the
USPS recommends that long guns be mailed via registered mail
and that the packaging used to mail the long gun be ambiguous
so as to not identify the contents. Handguns are not allowed to be
mailed via USPS. See 18 U.S.C. §§ 1715, 922(a)(3), 922(a)(5), and
922(a)(2)(A). Rather, handguns must be shipped using a common
or contract carrier (e.g., UPS, FedEx, etc.).
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