Gun raffle questions

[crimson-talon]

Was told it’s illegal to raffle off firearms unless it’s for a organization donation fundraiser type thing.

Could you get your FFL license taken from you?


Can anyone clear this up for me?


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[SabineHunter]

Was told it’s illegal to raffle off firearms unless it’s for a organization donation fundraiser type thing.

Could you get your FFL license taken from you?


Can anyone clear this up for me?


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Kountry gun shop in Richwood and Alvin does it

[RifleBowPistol]

A guy I know who is a licensed FFL dealer, in another state does raffles, not really sure if there are any requirements that have to be met on his end, other than making sure the winner can pass a back ground check.

I have never heard anything about a gun raffle being illegal, so I never asked him about how he was doing his raffles.

[crimson-talon]

Had another gun shop tell me it was so it just made me think


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[LWD]

This is the attorney general’s page on raffles. It pretty well summarizes the law. https://www.texasattorneygeneral.gov...nopoker-nights

[captainsling]

It is illegal according to Tex Penal Code 47.01(7) if for an individual. Has to be not profit or an approved organization such as a church or volunteer organization that does not compensate it's members.

https://texasguntrust.com/are-gun-raffles-legal-in-texas.html

[Hoggslayer]

It is illegal according to Tex Penal Code 47.01(7) if for an individual. Has to be not profit or an approved organization such as a church or volunteer organization that does not compensate it's members.


https://texasguntrust.com/are-gun-ra...-in-texas.html

So if you have a local Lions Club gun raffle, and the members win 75% of the guns. Is that considered compensation?

Seems like the same people win ever year at the one down here by me.

[tvc184]

Was told it’s illegal to raffle off firearms unless it’s for a organization donation fundraiser type thing.

Could you get your FFL license taken from you?


Can anyone clear this up for me?


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There are two questions here. The first is, is a raffle legal? It is under certain circumstances as listed above under the law.

The second question is, is giving away a gun legal? I think so.

I think the hangup on the gun question is what is called a straw purchase. That is where you purchase a gun for someone else. That in itself is illegal. When I was still a police officer and when I talked to ATF agents, I was told that it did not matter if the person you were buying the gun for could legally possess/purchase it or not. It was still a straw purchase. That is because of the question on Form 4473 it asks if you were the actual buyer and if not, it is a felony.

You could buy the gun yourself and give it away as a gift however. From the way they explained it to me, you bought the gun for yourself to give as a gift. It is your gun until you give it away. You did not purchase it at the request of another person that handed you money. That is the difference. An example would be if you out of the goodness of your heart bought a gun and handed it to me, it would be legal. If I gave you $500 and told you to go down and buy a pistol for me, it would be illegal even if I could have lawfully purchased it myself. The buyer of a firearm must do so for his personal ownership unless it is to be given away as a gift. I think that buying a firearm and giving it away as a gift is not a straw purchase but that is just my opinion. So for a raffle, you are not buying it for any one person. I have heard of some raffles giving away a gift certificate for the firearm and allowing that person to go down and claim the gun and complete the paperwork however that seems like the same thing to me. The winner might be putting his name on the paper but he isn’t paying for it.

For my two cents, a raffle for a firearm is not a straw purchase but I do not play an ATF agent on TV nor did I sleep at a Holiday Inn Express last night.