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Firearms

licensed dealer restrictions

It is a violation of federal law—the statute located at 18 U.S.C. § 922(b)—for a licensed firearms dealer, manufacturer, importer, or collector (licensee) to sell or deliver:

• any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm is other than a shotgun or rifle—or ammunition for a shotgun or rifle—to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

• any firearm to any person in any state where the purchase or possession by the person of the firearm would be in violation of any state law or any published ordinance applicable at the place of sale, delivery, or other disposition—unless the licensee knows or has reasonable cause to believe the purchase or possession would not be in violation of the state law or published ordinance;

• any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in the state in which the licensee’s place of business is located—or if the person is a corporation or other business entity, does not maintain a place of business in the state in which the licensee’s place of business is located—except the sale or delivery of a rifle or shotgun to a resident of a state other than the state in which the licensee’s place of business is located if the transferee meets in person with the transferor (licensee) to accomplish the transfer and the sale, delivery, and receipt fully comply with the legal conditions of sale in both states—although these requirements do not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

• to any person any destructive device, machine gun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the U.S. Attorney General consistent with public safety and necessity; and

• any firearm or armor-piercing ammunition to any person, unless the licensee notes in their records—required to be kept under 18 U.S.C. §923—the name, age, and place of residence of the person if the person is an individual, or the identity and principal and local places of business if the person is a corporation or other business entity.

The first four of these items do not apply to transactions between licensed dealers, manufacturers, importers, or collectors. And the fourth item does not apply to a sale or delivery to any research organization designated by the Attorney General.

Under federal law, specifically 18 U.S.C. § 922(b), licensed firearms dealers in Texas, as in all states, are prohibited from selling or delivering firearms or ammunition to certain individuals. They cannot sell or deliver any firearm or ammunition to individuals under 18 years of age, and for firearms other than shotguns or rifles, or their ammunition, the minimum age is 21. Dealers must also ensure that the sale does not violate any state laws or local ordinances where the transaction occurs. Additionally, they cannot sell firearms to non-residents of the state where the dealer's business is located, with certain exceptions for rifles and shotguns under specific conditions. The sale of destructive devices, machine guns, short-barreled shotguns, or short-barreled rifles is restricted and generally requires authorization from the U.S. Attorney General. Lastly, dealers must record the details of the purchaser in their records for all transactions involving firearms or armor-piercing ammunition. These restrictions do not apply to transactions between licensed entities or to sales to designated research organizations.


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