Private sale question

[KAC shooter]

Hello everyone,

Question as I’m not seeing the best results when try to google it.

Am I legally allowed to sell a pistol to a Texas resident? Or does it have to go through an ffl?
I remember reading a while back it’s ok for rifle but pistols is different. This would be a private sale.

It would be a sig mcx “pistol”

Thank you in advance

[QuietM4]

Must go through an FFL.

[BigNate]

Hello everyone,

Question as I’m not seeing the best results when try to google it.

Am I legally allowed to sell a pistol to a Texas resident? Or does it have to go through an ffl?
I remember reading a while back it’s ok for rifle but pistols is different. This would be a private sale.

It would be a sig mcx “pistol”

Thank you in advance

No - although I have been told that there are loopholes for selling to a relative. I'm not a lawyer, and I don't "KNOW" that to be true - so don't take it as gospel but if the person in Texas is a relative it might be worth researching. Otherwise - if you are selling to someone who does not have residency in AZ (assuming that you are in AZ) - you need to go through an FFL.

Additionally - if you are not in AZ - check your local laws. I had some dude from Washington state all over me about having to jump through hoops to sell to my neighbor. It sounds like some of the commie states have made it difficult to sell private party within the state.

[KAC shooter]

Thank you everyone! That’s what I thought but just wanted to double check.

[Pinetop]

Years ago I was at one of the Cross Roads gun shows in Phoenix, trying to sell a 1911 as I recall, and had set down in a spot near one of the entrances with my backpack on the ground so that anyone could see the sign on it offering said gun for sale. Had a middle aged guy come by and look at the gun, and said would come back later after seeing the show. Well, he did come back, and was ready to hand over the $$$ when I asked him where he lived, and can I please see your AZ drivers license. He came off pretty quickly, saying that doesn't matter, here's your money..... "No, where to do you live, and I need to see an AZ drivers license", I repeated once again. Finally he said CANADA. "Sorry I can't sell it to you", I said, and off he walked back into the venue, rather than leaving.
I have always thought that he was most likely PHX PD or ATF looking to make a sting.........
So be careful out there...........

[muta4warrior]

Hello everyone,

Question as I’m not seeing the best results when try to google it.

Am I legally allowed to sell a pistol to a Texas resident? Or does it have to go through an ffl?
I remember reading a while back it’s ok for rifle but pistols is different. This would be a private sale.

It would be a sig mcx “pistol”

Thank you in advance

You would have to ship it to HIS FFL in Texas and he would then have to do the paper work there, unless he is stationed here on orders, then an AZ FFL should be able to do the transfer. Only AZ FFL's can sell long guns to residents of certain select states. You, as a non FFL can ONLY sell long guns and hand guns to AZ residents.

[Cmoor]

Muta4warrior is correct.

As a non FFL you can NOT sell, give or tranfer a long gun or handgun to someone who is not a resident.

A FFL can sell or deliver only long guns to someone out of state a hand gun would have to be shipped to their state to a FFL.

I don't think a relative can give a firearm to someone who lives out of state either without going through a FFL.

[Jay Gee]

...
I have always thought that he was most likely PHX PD or ATF looking to make a sting.........
So be careful out there...........

I was unaware that you had to check for AZ residency to sell to someone in AZ. I never have.

[delta6]

To whom may an unlicensed person transfer firearms under the GCA?
A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

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 transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. 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 the will of a decedent.

A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

[Suck My Glock]

...
I have always thought that he was most likely PHX PD or ATF looking to make a sting.........
So be careful out there...........

I was unaware that you had to check for AZ residency to sell to someone in AZ. I never have.

Indeed, there is no requirement to verify someone's identity. However, it would be prudent to be able to articulate to anyone who might ask how it is you felt satisfied the purchaser was a legal local resident. But that is entirely on you to decide how much of the ATF's job you wish to perform. I've never checked anyone's ID either. But I have refused to sell to guys that gave me the vibe they were LA gang types looking to bring their new toys back to Commiefornia. I personally have no problem with that,...but they were so obvious that it made me wonder if I was being recorded, so I acted as if I was.

[BigNate]

I have taken the approach that if you are not willing to "flash an AZ ID" at me, I'm not willing to sell to you. I don't need to record anything - I just want to see an AZ ID, with an AZ address, and a picture that convinces me I'm talking to the owner of the ID. I don't see this as "doing the ATF's job" - I see it as protecting myself. While I don't agree with the expansive role of the federal government in "regulating interstate commerce" - right now it's a fight I chose not to pick - so I choose to operate as if I'm being recorded and if I ask to see ID and they won't / don't show one I'll move on to the next buyer. It's me protecting me.

I do the same sort of thing with any purchase of other goods from CL or other on line marketplaces. If I'm buying something of any significance I tell the seller that I want a simple bill of sale that includes their name and address stating that they own the product and have the full rights to sell it to me. If they won't give me that - I move on. I've had a few seller's refuse - on stuff that appears too good to be true - and I'm happy to assume that I just avoided buying stolen property.