Selling a Pistol

JALLEN · Post by **JALLEN** » Mon Aug 31, 2015 8:25 am

I'm thinking of selling one or two pistols. I've never sold one, and have yet to buy one since moving to Texas.

What are the requirements, do's and don'ts, the "smart" tips to avoid selling to Julio the gangbanger or Ahmed the terrorist, wannabe, and other undesirables, if you get my drift?

Charlies.Contingency · Mon Aug 31, 2015 8:46 am

I would suggest selling to somebody with a CHL so you know that they're legally allowed to own/buy/possess, and as far as paperwork, do a Texas Firearm Bill of Sale.

I'm not sure about posting a link though. You can google it, or somebody else might follow up with a good link or file.

RPBrown · Post by **RPBrown** » Mon Aug 31, 2015 8:53 am

Legally, you meet, exchange money and gun and walk away.
Some people require seeing a DL of even a CHL, and some require them signing a bill of sale but these are only peoples preferences and not required.
If you want to make sure it doesn't go to someone that shouldn't have it, go to an FFL to have it transferred. Even then there are no guarantees.

Charlies.Contingency · Mon Aug 31, 2015 9:17 am

RPBrown wrote:Legally, you meet, exchange money and gun and walk away.
Some people require seeing a DL of even a CHL, and some require them signing a bill of sale but these are only peoples preferences and not required.
If you want to make sure it doesn't go to someone that shouldn't have it, go to an FFL to have it transferred. Even then there are no guarantees.

True, but we must not forget to cover yourself legally.

JALLEN · Post by **JALLEN** » Mon Aug 31, 2015 9:23 am

Thanks! I found that Bill of Sale. I have never heard of it or imagined such a thing. That's worth the annual dues and initiation fee right there!

Of course, the potential buyers I'm trying to avoid will sign that without a pause, assuming they can read English, and write their own names.

Having a current CHL is a useful "filter."

Any other hints? Is an FFL transfer required?

These may seem like silly questions but buying or selling a firearm in California is a almost two week long "Mother, May I" ordeal, and any omission or misstep is criminal.

The Wall · Post by **The Wall** » Mon Aug 31, 2015 9:44 am

FFL not required for private sales unless you plan on shipping it to someone. One on one personal sales don't need anything other than what the parties agree on. Make sure they are 21 which would require a DL or CHL. I personally would do the DL and preferably the CHL with a bill of sale with all the information. If possible I would make a photocopy of the DL or CHL. Do you think the ATF or TDPS will accept, "He said he was 21"?
Just my opinion.

Middle Age Russ · Post by **Middle Age Russ** » Mon Aug 31, 2015 9:45 am

No questions are silly.

Texas has no form of registration of firearms, and the legal requirements of a private sale are quite limited. You must not knowingly sell / transfer ownership of a firearm to a prohibited person, and the sale has to be to a buyer that is a Texas resident. That is it. For peace of mind, some folks require seeing ID or even CHL since this goes beyond knowingly not selling to a prohibited person and is a long way toward knowingly selling to a non-prohibited person.

Edited to add: the residency restriction

Scott B. · Post by **Scott B.** » Mon Aug 31, 2015 9:53 am

There is no firearms registry in Texas. The only burden on you is that the sale must be between Texas residents and take place in this state, and you cannot sell to a person that you know is not lawfully able to own a firearm. i.e., Can that person walk into a gun store, fill out a 4473 and walk out with a firearm?

This is where you may opt to have an FFL do the transfer for you so they can run the NICS (background) check. They'll charge you a nominal transfer fee.

If your sale crosses a state border it's federal domain and must go through an FFL.

Sticking to private sale, having a bill of sale, listing date, buyer's name, firearm manufacturer, model, caliber, and serial number, is not required, but it's a darn good idea.

Selling only to current CHLs may limit your buyer pool, but the bonus is that you don't have worries about their ability to purchase a firearm.

puma guy · Post by **puma guy** » Mon Aug 31, 2015 10:01 am

I believe the purchaser must reside in the same state as the seller for a private party handgun (any firearm) sale. i.e. If the purchaser is a resident of another state it requires an FFL transfer in the purchaser's state and must be shipped to an FFL to make the transfer.

https://www.atf.gov/file/61721/download

RPBrown · Post by **RPBrown** » Mon Aug 31, 2015 10:02 am

I told you in my previous post what you can do and also what is legal. Now, for me, I prefer to sell to someone on this forum, but not an absolute requirement. I also prefer a CHL. At least I know he has been vetted but again, not an absolute. At the very least, I will get a drivers license number, address, etc. and I keep a log book with each gun I own or have owned and when I sell one that info goes into the log book.

surferdaddy · Post by **surferdaddy** » Mon Aug 31, 2015 10:58 am

RPBrown wrote:I told you in my previous post what you can do and also what is legal. Now, for me, I prefer to sell to someone on this forum, but not an absolute requirement. I also prefer a CHL. At least I know he has been vetted but again, not an absolute. At the very least, I will get a drivers license number, address, etc. and I keep a log book with each gun I own or have owned and when I sell one that info goes into the log book.

I totally agree with this. The people who visit this site are some of the finest individuals in the firearms community. I sold a little blaster to a gentleman from the forum and it was a pleasure to meet him...I hope he is still enjoying his new piece. I dont foresee myself ever selling another gun but if I do I will start here for sure.

Surfer

cyphertext · Post by **cyphertext** » Mon Aug 31, 2015 11:20 am

The Wall wrote:FFL not required for private sales unless you plan on shipping it to someone. One on one personal sales don't need anything other than what the parties agree on. Make sure they are 21 which would require a DL or CHL. I personally would do the DL and preferably the CHL with a bill of sale with all the information. If possible I would make a photocopy of the DL or CHL. Do you think the ATF or TDPS will accept, "He said he was 21"?
Just my opinion.

The buyer is not required to be 21 in a private sale. Federal law states that a licensed dealer can not sell to anyone under the age of 21, but it does not pertain to private sale.

Texas Penal Code sec. 46.06 states that you can not transfer to someone under the age of 18.

cyphertext · Post by **cyphertext** » Mon Aug 31, 2015 11:29 am

I am surprised that on a gun board where members advocate carrying firearms past signs that do not meet the requirement of the law, that they would require so much more than what is required by law to sell a firearm privately!

The law does not require anything more than you not knowingly selling a firearm to a prohibited person. Checking DL or CHL can give you a warm fuzzy regarding residency or that they are a good guy, but a bill of sale or other documentation is not needed, NOR REQUIRED, by law.

K.Mooneyham · Post by **K.Mooneyham** » Mon Aug 31, 2015 12:05 pm

cyphertext wrote:I am surprised that on a gun board where members advocate carrying firearms past signs that do not meet the requirement of the law, that they would require so much more than what is required by law to sell a firearm privately!

The law does not require anything more than you not knowingly selling a firearm to a prohibited person. Checking DL or CHL can give you a warm fuzzy regarding residency or that they are a good guy, but a bill of sale or other documentation is not needed, NOR REQUIRED, by law.

Now, I'm trying to figure out if you are an anti, or one of those OCT radicals. People on here were simply giving what they felt to be helpful advice to the OP; anyone is free to follow it or not.

cyphertext · Post by **cyphertext** » Mon Aug 31, 2015 12:32 pm

K.Mooneyham wrote:
cyphertext wrote:I am surprised that on a gun board where members advocate carrying firearms past signs that do not meet the requirement of the law, that they would require so much more than what is required by law to sell a firearm privately!

The law does not require anything more than you not knowingly selling a firearm to a prohibited person. Checking DL or CHL can give you a warm fuzzy regarding residency or that they are a good guy, but a bill of sale or other documentation is not needed, NOR REQUIRED, by law.
Now, I'm trying to figure out if you are an anti, or one of those OCT radicals. People on here were simply giving what they felt to be helpful advice to the OP; anyone is free to follow it or not.

Neither, and not sure how you would come up with that. The man asked what was required, by law. The law requires that you do not KNOWINGLY transfer a firearm to a prohibited person, or someone under the age of 18. All the rest of it, such as documenting the sale, is more in line with the gun control way of thinking...

Why add additional constraints that the law does not require?

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