Is this the law?

[the45er]

Yesterday I was having lunch with my team after a sporting clays tournament. One of our team members won a nice little Sig 9 mm and the topics of private sales came up. This individual and I are both CCL holders. He told me that if you hold a CCL and desire to sell one of your personal guns (rifle, pistol or shotgun), that you must conduct the transaction through an FFL holder!

We both live in Texas and I have never heard that this was required. I know that such a requirement was never spoken of in my training class. He implied that non-CCL holders did not have to do this, but the fact that CCL holders have been trained and acquired this license committed them to having to use FFL holders if they want to sell one of their guns to a private individual.

I tried to submit a question on ATF's website but in typical government fashion the link that was supposed to be live and enable me to submit the question was not working.

 

[TXAZ]

Calling Dogtown Tom

I’m in Texas with an LTC / CHL and have legally purchased / sold FTF.
I believe your friend is way wrong.
But Dogtown Tom is an FFL in Texas and can quote you the real deal.
Tom?

 

[Brownstone322]

First of all, if that were true — and I’m pretty sure it’s not — then it’d be a matter of state law (that is, nothing to do with the ATF).

Maybe the guy is conflating a concealed-carry license and a Federal Firearms License. I never thought about it before, but an FFL holder — someone licensed to conduct commercial sales — may be required to treat all sales as commercial transactions.

 

[Pahoo]

Review with a local FFL Dealer

I feel that the bottom line is to be informed in "your states laws" pertaining to this transaction. The law varies from state to state and if it's a handgun or long-gun. …..

For now, forget about dealing with the ATF. Ask a local FFL dealer, that you are familiar and ask him how sales like this, should be handled. I once bought a long gun FTF and the seller insisted that we make the transfer, through an FFL dealer and he paid for the transfer. I had an Iowa permit to buy and that was documented as well. ……

I too am in the camp of your contact is not well informed. …..

Be Safe !!!

 

[Glenn E. Meyer]

No. That is not true.

 

[riffraff]

That sounds absurd to me. I know people get confused in all sorts of ways over private sales, smells like one of those situations but check your state laws.

 

[raimius]

That is not the law in TX.

Some states have passed so called "universal background check" laws that would require private sales to go through an FFL, but I have never heard of any law (or proposed law) that would only mandate that for carry permit holders.

 

[dogtown tom]

the45er ... He told me that if you hold a CCL and desire to sell one of your personal guns (rifle, pistol or shotgun), that you must conduct the transaction through an FFL holder!

We both live in Texas and I have never heard that this was required. I know that such a requirement was never spoken of in my training class. He implied that non-CCL holders did not have to do this, but the fact that CCL holders have been trained and acquired this license committed them to having to use FFL holders if they want to sell one of their guns to a private individual.

Your friend needs to read himself some Federal law and Texas law.

The Texas CHL/LTC serves as an exemption to the FBI NICS background check when buying a firearm from a Texas dealer. That is all.

On every other point your friend is not just misinformed but completely wrong.