Question on selling a gun privately in Texas

BenGoodLuck · Post by **BenGoodLuck** » Wed Sep 21, 2005 8:27 pm

I've never sold a gun before in Texas. If I'm selling to a private individual over 21, do I need to fill out any paperwork? If anyone has experience selling a gun privately, how do you handle the transfer - payment first then ship the firearm, or a different way? Thanks, Ben

ghentry · Post by **ghentry** » Thu Sep 22, 2005 5:38 pm

I only have experience selling face-to-face (FTF). You don't need any paperwork to do this. You just meet and swap guns/money, however, I would suggest you draw up paperwork showing the serial number, etc. and who is buying the gun. Have him sign it as this gives you a little documentation that you no longer owned that gun after said date. Below is what I have used.

--------------------------------------------------------
Bill of Sale

This Bill of Sale dated *****, ****, hereby transfers ownership of the following firearm from the below seller to the below buyer:

(Description) â€“ Pistol, with serial number ******

The selling price of this firearm is $ ******

Seller is *******, Katy Texas

Buyer is ***********, ________________ Texas

Buyerâ€™s TX DL or CHL# (for proof of Texas residency)

__________________________

Both seller and buyer are United States Citizens, State of Texas residents, and agree the sale and transfer of this firearm is conducted under the terms of a person to person transaction. Buyer has provided seller a valid Texas Drivers License and swears he/she is eligible to purchase and posses this firearm.

Seller agrees by signature below:

__________________________

Buyer agrees by signature below:

__________________________

----------------------------------------------------------------------------

If you are shipping the gun, you will need to ship to an FFL. I'm not sure the best way to handled payment/gun swap on this one though.

age_ranger · Post by **age_ranger** » Wed Jul 12, 2006 10:59 pm

QUESTION:

Ok, so gun sales in Texas can be done FTF. My wifes Uncle lives in California and wants to come out to Texas to buy a firearm. Is there anything that prohibits him from buying a weapon FTF? Reason I ask is that he wants to buy a rifle from me and take it back to California. Would I be responsible to make sure he checks the approved list? I think that all firearms in Cali. have to be registered as well.........anyone else think this might be a bad idea?

As for background, he retired as a commander from an LE Dept in Cali. a few years back.

apowell · Post by **apowell** » Thu Jul 13, 2006 12:02 am

Selling a pisol to a non-Texas resident requires the pistol be transfered to an FFL in the buyer state who then transfers it to the buyer.

I think that with a long gun the transfer can be done via an FFL in either person's state. So he could come here and you two could go to an FFL pay the fee and transfer the gun, then he could take it home with him, but I'm not as sure on this one.

I don't think you would have any responability to make sure the gun was legal in his state since you aren't shipping it to him there. It isn't illegal to own banned guns if you live in CA, it is illegal to have them in the state. He could buy it and store it out of state and still be legal if I understand the statutes correctly.

I'm sure if I'm wrong on any of this one of the more lawyerly types will pipe in and fix it.

Kalrog · Post by **Kalrog** » Thu Jul 13, 2006 12:50 am

I think the rules that apowell quoted apply to FFL dealers only. I don't think there is any requirement that you do anything for a private party sale in Texas except that you can't knowingly sell to a felon or things like that. If you think him to be legal to own, then you can sell to them as a private party transfer.

KBCraig · Post by **KBCraig** » Thu Jul 13, 2006 11:37 am

Kalrog wrote:I think the rules that apowell quoted apply to FFL dealers only. I don't think there is any requirement that you do anything for a private party sale in Texas except that you can't knowingly sell to a felon or things like that. If you think him to be legal to own, then you can sell to them as a private party transfer.

The laws about selling to anyone who lives in another state apply to everyone. "apowell" has it exactly right.

Kevin

seamusTX · Post by **seamusTX** » Thu Jul 13, 2006 12:08 pm

Horse's mouth: http://www.atf.gov/firearms/faq/faq2.htm#b1

- Jim

propellerhead · Post by **propellerhead** » Thu Jul 13, 2006 12:11 pm

Cut/paste from the horse's mouth...

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]