Anyone legally permitted to own, use, and purchase firearms can do so in Texas and the rest of the United States. This being acknowledged, there are some gray areas of sorts when it comes to what could apply with different situations involving gun purchases due to state regulations and other factors. Today, the firearms education pros from Online Texas LTC, your best choice if you want to take a Texas license to carry online class, take a closer look at what to keep in mind if your spouse wants to buy a pistol for you.
Your Spouse Must Meet Basic Purchase Requirements
As long as your spouse meets the basic requirements that apply to purchasing firearms, he or she should be able to legally buy a pistol for you. Under the law, it technically doesn’t matter what happens to the gun after it’s purchased—within reason. In other words, if your spouse is capable of purchasing a pistol in Texas, the seller isn’t legally obligated to ask if he or she will actually be using it.
In Texas, the basic requirements and steps involved with the process of purchasing a pistol include:
• Being at least 21 years old
• Passing a background check conducted through the National Instant Criminal Background Check System (NICS)
• Not being legally prohibited from making a firearms purchase by Texas or federal law
• Filling out the required paperwork and completing the purchase
The Pistol Must Be in Your Spouse’s Name
Your spouse cannot purchase a pistol for you under your name. This applies to any gun purchase in the Lone Star State. In other words, your spouse can buy a pistol you’ll use but must do so under his or her name if you’re not present or making the purchase. There’s no firearm registration in Texas, but the paperwork filled out at a firearms dealer is required to be in the purchaser’s name.
You Must Also Be Permitted to Legally Use Firearms
The top caveat to remember is you’ll also need to be able to legally own and use a firearm. Therefore, you cannot have your spouse buy a pistol for you if you’re legally prohibited from owning or using guns by Texas or federal law. This means you can’t have your spouse buy a pistol for you because you’re subject to a court order prohibiting firearms use and ownership. Purchasing a gun for your spouse or anyone else you know who cannot legally own/possess a firearm is a federal crime.
Buying a Gun as a Gift
There’s no law that prohibits the gift of a firearm. Whether to a spouse, relative, or friend, this is somewhat of a gray area, but it’s legal. Just keep in mind if you live in a state that requires firearm transfers to go through a dealer.
Generally, It’s Best to Make Your Own Gun/Pistol Purchases
While there may be times when it makes sense to have your spouse purchase a pistol for you, it’s generally best to do this yourself when possible. If you do opt to ask your spouse to take this step, understand the responsibilities that go along with doing this, both for you and your spouse. It’s also your responsibility to look up an follow all laws/regulations. The information in this article isn’t legal advice.
Whether you or your spouse buys your gun, it’s your responsibility to know how to use it safely, and training is essential. Online Texas LTC is dedicated to providing the finest firearms training possible. Whether you want to take an LTC class or you simply want to learn how to handle a gun and shoot safely, Online Texas LTC has what you need. Give us a call today at 512-675-2124.