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Old 05-02-2012, 11:46 AM   #1
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Buying a gun in Texas question...

I found a Mossberg 185 here in Wichita Falls that I wanted to pick up. The guy said he won't sell it to me because I don't have a Texas driver's license...

My argument is based on the following,

I have a FFL01 license.
I am military, on orders with a local Texas address.
I don't need a Texas driver's license with the above two items.

Am I wrong or is this guy just an AH?
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Old 05-02-2012, 01:07 PM   #2
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I think you are correct.
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Old 05-02-2012, 01:12 PM   #3
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Maybe he has his own good reason for having that policy. Just go somewhere else and spend your money.

ATF Home
Firearms
Frequently Asked Questions
Conduct of Business — Licensees


[18 U.S.C. 922(b)(2), 27 CFR 478.99(b)(2)]
Q: May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922(b)(3)]
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Old 05-02-2012, 01:32 PM   #4
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I would rather him be picky and make sure all sales are legal vs just selling to anyone.
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Old 05-02-2012, 02:29 PM   #5
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How long have you been stationed in Texas if it is less then 90 days they may not allow you to buy it just yet, if you have been there for over 90 days and he will not accept the military orders go some where that will. I agree that it should be some place that follows the letter of the law but what you are doing is legal so I'd just go else where.
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Old 05-02-2012, 04:11 PM   #6
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Ok, I just wanted to make sure I hadn't completely lost my mind. I like the Mossberg 185 and you don't see them very often anymore. Plus, for $40 it's hard to pass up that deal. I'm going back there today with a signed copy of my license as well as my orders to give him one more chance. If not, I'll just have to skip the deal.
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Old 05-02-2012, 05:07 PM   #7
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He just "sold" it yesterday...
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Old 05-23-2012, 07:09 PM   #8
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i think your problem was that you didn't have a id with your correct address
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Old 05-23-2012, 10:22 PM   #9
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Quote:       Originally Posted by rl69 View Post
i think your problem was that you didn't have a id with your correct address
You don't need that when you have a military ID with orders. Plus, all of my IDs have my correct address and the one that is listed on both my FFL01 and FFL03 licenses. I bought a Mossberg M44 from another dealer who had absolutely no problem selling to me. Bottom line is the guy was just being a spokesman for Summer's Eve.
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Old 05-29-2012, 08:54 PM   #10
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Quote:       Originally Posted by don5544 View Post
I would rather him be picky and make sure all sales are legal vs just selling to anyone.

So it is ok to deny this soldier his rights just cause someone else may have violated the law!!! YUK

"Those that give up rights for a little security will soon have neither."
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Old 05-30-2012, 06:01 AM   #11
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I think he thought he could get more money out of someone else so he didn't want to honor the price he first quoted. Any excuse will do in that situation. Being from out of state he didn't think he had to worry about repeat business.

Maybe you should post the name of the gun shop so that those in the area will know who NOT to buy from!
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Old 05-30-2012, 12:30 PM   #12
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Quote:       Originally Posted by texnmidwest View Post
I think he thought he could get more money out of someone else so he didn't want to honor the price he first quoted. Any excuse will do in that situation. Being from out of state he didn't think he had to worry about repeat business.

Maybe you should post the name of the gun shop so that those in the area will know who NOT to buy from!
That's what I am thinking. He was real quick to point out that he would 'normally have $95 on it.'

It was this tiny shop, about the size of a hotel room, attached to one of the DIY car washes. Real dumpy place to begin with, most of his stuff was just piled in a heap on the wall.

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If, by chance, the owner happens to come across this post, I would be more than happy to hear his rebuttal.
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Old 05-30-2012, 02:05 PM   #13
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Talking

maybe he thought you was a Fed trying to trap him
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Old 05-30-2012, 03:43 PM   #14
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Quote:       Originally Posted by PAPA G View Post
maybe he thought you was a Fed trying to trap him
I showed him a copy of my FFL. Everything I was asking was completely legal.
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Old 06-17-2012, 11:44 AM   #15
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Quote:       Originally Posted by don5544 View Post
I would rather him be picky and make sure all sales are legal vs just selling to anyone.

Sounds like a comment over in MI..

This just aint an "ANYONE" but a licensed gun dealer who is serving your country.

Why support someone making his own laws?? I suppose you support execitive orders, also.
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Old 06-17-2012, 02:00 PM   #16
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The guy has his facts wrong. HOWEVER, that does not give one the right to think badly of him just because he won`t sell you a gun--it is HIS choice.

I am a TX resident, but was a FL resident stationed at Wichita Falls before that on PCS orders (ENJJPT instructor). When I was there, with a copy of my PCS orders I could legally buy any long gun or hand gun (you do need to put in TX resident in the 4473, but the law allows military under PCS orders stationed in a state outside of their legal residence to buy any type of legal firearm in the locality they are stationed). I remember there was a decent gun store in the middle of the town which was part of a LARGE pawn shop across from a building being renovated near Ohio and 4th (don`t remember the exact address). You might want to go there to do business--they were friendly to military and knew the law.

Notwithstanding ANY of this--if you were out of the military and did not have the legitimate exception you could still buy a LONG gun as a resident of another state.

It is obvious the individual you speak of does not know the law--but in my opinion that does not give you the right to resent him. Simply take your business elsewhere.

I am a TX resident who can legally buy a long gun in PA. Some FFLs know this, some do not. I have legally bought long guns at stores which know the law, but have had several at Dicks and other larger sporting goods chains not sell to me because I am from out of state. They errantly think the resdency law applies to both handguns and long guns. When in the stores, I do correct them and indicate it might be their POLICY not to sell to me it is definitely NOT the law and they might wish to brush up on this--I then walk out and take my business elsewhere. Bottom line is there are many who do not know the law and are unwilling to listen to me or the facts so I just leave it as their loss.
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Old 06-17-2012, 02:44 PM   #17
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Doesn't seem like a big deal, guy just probably wasn't sure of the law and didn't want to take a chance, Drive on.
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Old 06-17-2012, 03:41 PM   #18
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Exclamation Draconian

TXplt: Sir, until Dec past, NC residents could buy long guns from another state whose border "touched" NC without FFL shipping
Now! We "can", IF, another states "allows" the transaction (cash and carry)

Draconian laws, established to confuse
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Old 06-17-2012, 09:27 PM   #19
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Quote:       Originally Posted by cjleete View Post
Doesn't seem like a big deal, guy just probably wasn't sure of the law and didn't want to take a chance, Drive on.
The bottom line is that the dealer doesn't have to sell a firearm to anyone. If his comfort level stops him, I have no problem with it. I'll trust his judgement and the buyer can go elsewhere. It is the dealers responsibility and butt on the line.
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Old 06-24-2012, 03:10 PM   #20
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I can see his grounds. I'd probably do the same if I was a store owner and keeping it legal. They are his sales, so I wouldn't worry too much about it. Just find somewhere else!

Good luck!
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