Selling to a non LTC holder

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Richbirdhunter
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Selling to a non LTC holder

#1

Post by Richbirdhunter »

A neighbor kid who has his LTC wants to trade handguns with someone that doesn’t have an LTC. Is there anything he should do besides a bill of sale?
Disclaimer: Anything I state can not be applied to 100% of all situations. Sometimes it's ok to speak in general terms.

RicoTX
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Re: Selling to a non LTC holder

#2

Post by RicoTX »

I'll state the obvious. He needs to have the other party confirm they are legally able to own a handgun in the state of Texas. I realize that may be a no brainer, but still wanted to mention it.
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Allons
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Re: Selling to a non LTC holder

#3

Post by Allons »

RicoTX wrote: Thu Jul 05, 2018 10:58 pm I'll state the obvious. He needs to have the other party confirm they are legally able to own a handgun in the state of Texas. I realize that may be a no brainer, but still wanted to mention it.
:iagree:
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03Lightningrocks
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Re: Selling to a non LTC holder

#4

Post by 03Lightningrocks »

I don't think one is required to show any "evidence" for a private sale, LTC or DL. I will defer to one of our legal types in here but my policy is NOT to restrict the second amendment any further than the law already requires. If I am going to appose the government further restrict gun rights, it feels a bit hypocritical if I add a few restrictions of my own.

rotor
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Re: Selling to a non LTC holder

#5

Post by rotor »

Even the bill of sale is not required but I personally get one.
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03Lightningrocks
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Re: Selling to a non LTC holder

#6

Post by 03Lightningrocks »

rotor wrote: Thu Jul 05, 2018 11:15 pm Even the bill of sale is not required but I personally get one.
That is not a bad idea and I would do that with anything I sell, simply as evidence it was sold. One would think the person purchasing a gun would also want to have proof they paid for it. It is ironic that the person buying the gun is at more legal risk than the one selling it. You could be buying a stolen gun.
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PriestTheRunner
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Re: Selling to a non LTC holder

#7

Post by PriestTheRunner »

03Lightningrocks wrote: Thu Jul 05, 2018 11:31 pm
rotor wrote: Thu Jul 05, 2018 11:15 pm Even the bill of sale is not required but I personally get one.
That is not a bad idea and I would do that with anything I sell, simply as evidence it was sold. One would think the person purchasing a gun would also want to have proof they paid for it. It is ironic that the person buying the gun is at more legal risk than the one selling it. You could be buying a stolen gun.
Or, more likely, you buy a gun that was reported stolen for the insurance payout....

Then when the serial pops up in a self-defensive situation as 'stolen', the DA pins murder on you with a stolen weapon. Good luck bringing the jury back on that one. :/

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Re: Selling to a non LTC holder

#8

Post by rotor »

03Lightningrocks wrote: Thu Jul 05, 2018 11:31 pm
rotor wrote: Thu Jul 05, 2018 11:15 pm Even the bill of sale is not required but I personally get one.
That is not a bad idea and I would do that with anything I sell, simply as evidence it was sold. One would think the person purchasing a gun would also want to have proof they paid for it. It is ironic that the person buying the gun is at more legal risk than the one selling it. You could be buying a stolen gun.
I agree but if you have read many posts on this forum you will see that many people don't want to get a bill of sale. Sounds foolish to me but that's the way it is. Bill of sale is not legally required though.
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03Lightningrocks
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Re: Selling to a non LTC holder

#9

Post by 03Lightningrocks »

rotor wrote: Thu Jul 05, 2018 11:35 pm
03Lightningrocks wrote: Thu Jul 05, 2018 11:31 pm
rotor wrote: Thu Jul 05, 2018 11:15 pm Even the bill of sale is not required but I personally get one.
That is not a bad idea and I would do that with anything I sell, simply as evidence it was sold. One would think the person purchasing a gun would also want to have proof they paid for it. It is ironic that the person buying the gun is at more legal risk than the one selling it. You could be buying a stolen gun.
I agree but if you have read many posts on this forum you will see that many people don't want to get a bill of sale. Sounds foolish to me but that's the way it is. Bill of sale is not legally required though.
:iagree:

I want a bill of sale for anything I purchase used. If the cops come knocking over stolen property, I will be sending them to the seller. LOL... sorry... yep... I am a snitch. :mrgreen:
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03Lightningrocks
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Re: Selling to a non LTC holder

#10

Post by 03Lightningrocks »

The wording on it is pretty vague. Maybe someone can find it. To me it almost insinuates that unless I know you are not a legal resident, you simply saying you are is good enough.
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carlson1
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Re: Selling to a non LTC holder

#11

Post by carlson1 »

You can sale to any person who is a Texas resident and as far as you know is not a felon. There is no law that puts you under any obligation to run a background or “check papers.”

If you want to go the second mile take them to a FFL and do a transfer. Short of that anything else is useless.
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03Lightningrocks
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Re: Selling to a non LTC holder

#12

Post by 03Lightningrocks »

carlson1 wrote: Thu Jul 05, 2018 11:58 pm You can sale to any person who is a Texas resident and as far as you know is not a felon. There is no law that puts you under any obligation to run a background or “check papers.”

If you want to go the second mile take them to a FFL and do a transfer. Short of that anything else is useless.
Thank You. I thought it was something along those lines. I would not buy a firearm or anything else from a random seller anyway. These days it is just too much risk to get a name out of Craigs list and meet up with money in hand.

Using verifiable platforms to buy and sell use feel pretty safe to me. I know for instance that a long time member here selling a gun is highly unlikely to be selling me a stolen gun. I have sold face to face a couple times off Gun Broker but both times it was to people who had a long term membership and I could reasonably verify they were legitimate, non felon gun buyers. Who had residency in Texas.

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Re: Selling to a non LTC holder

#13

Post by rotor »

03Lightningrocks wrote: Fri Jul 06, 2018 12:03 am
carlson1 wrote: Thu Jul 05, 2018 11:58 pm You can sale to any person who is a Texas resident and as far as you know is not a felon. There is no law that puts you under any obligation to run a background or “check papers.”

If you want to go the second mile take them to a FFL and do a transfer. Short of that anything else is useless.
Thank You. I thought it was something along those lines. I would not buy a firearm or anything else from a random seller anyway. These days it is just too much risk to get a name out of Craigs list and meet up with money in hand.

Using verifiable platforms to buy and sell use feel pretty safe to me. I know for instance that a long time member here selling a gun is highly unlikely to be selling me a stolen gun. I have sold face to face a couple times off Gun Broker but both times it was to people who had a long term membership and I could reasonably verify they were legitimate, non felon gun buyers. Who had residency in Texas.
I personally have bought some very fine firearms using Texasguntrader and you can see if the member has been a member for one day or years. Craigslist doesn't sell guns. I also use a bill of sale which includes the persons drivers license and I don't buy without it. Your choice of course but you may miss some very fine purchases.
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RoyGBiv
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Re: Selling to a non LTC holder

#14

Post by RoyGBiv »

I would require a BoS selling to a private person.. YMMV.

https://bluelinedefense.com/d-files/bill_of_sale_1.pdf
I am not a lawyer. This is NOT legal advice.!
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carlson1
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Re: Selling to a non LTC holder

#15

Post by carlson1 »

I just stated what the law in Texas requires.

We can require anything we want. If we want them to stand on their head then we can require it. Just don’t be surprised when no ones wants to stand on their head. :evil2:
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