Legal way to sell a firearm in Texas?

[Jesus is Coming]

Howdy yall, is there anything that I need to do to sell a firearm legally in the state of Texas? I bought a new handgun a year ago so I had to fill out all the paperwork for the background check to purchase it and now I am parting ways with it and wasn't sure if I had any paperwork to do since I am the original owner? Thanks for the help,yall have a good one.

[Artos]

Person to person sales for civi's is legal as long as you know the buyer is not a felon or non u.s. citizen.

If you need to ship the pistol, it will have to go to an ffl.


I recommend keeping a file of every gun you buy and sell just in case the gun ends up stolen or lost. Make, model and s/n.

[dustoffer]

I always get a Xerox copy of the buyer's driver's license too and file with the paperwork, plus I make a "bill of sale" listing buyer's and seller's name, address, firearm description, etc, and give a copy to the buyer as well as keeping one for my file.

[bentman]

what do you have for sale?

[Rebel_]

You can actually ship a handgun in TX to an individual, but UPS and FedEx require that you overnight it and it be to an FFL. However, they don't require you to show proof that the person you're sending it to is an FFL. USPS won't allow you to ship handguns, but they will long guns. I always package them up myself at my house and never get asked what's in the package, if for some reason you get asked, tell them it's precision machined goods. I don't like to tell people that I'm shipping a firearm just because I feel like there's more chance of it getting stolen.

[Death from Above]

You can actually ship a handgun in TX to an individual, but UPS and FedEx require that you overnight it and it be to an FFL. However, they don't require you to show proof that the person you're sending it to is an FFL. USPS won't allow you to ship handguns, but they will long guns. I always package them up myself at my house and never get asked what's in the package, if for some reason you get asked, tell them it's precision machined goods. I don't like to tell people that I'm shipping a firearm just because I feel like there's more chance of it getting stolen.

IF YOU SEND IT VIA COURIER IT MUST GO TO AN FFL. Handguns that is.
Tell anyone any different is just ludicrous.

[Mike D]

Person to person sales for civi's is legal as long as you know the buyer is not a felon or non u.s. citizen.

If you need to ship the pistol, it will have to go to an ffl.


I recommend keeping a file of every gun you buy and sell just in case the gun ends up stolen or lost. Make, model and s/n.

Just wanted to add that you are under no obligation whatsoever to verify that they are not a felon. If it's someone you know and you know they are a felon, then that's a big no-no.

If it's a private face to face sale to someone you do not know, you are in no way obligated to find out of they are a felon.

Unless you just want to ask them.

[texaset]

This issue has been hashed out many times over and over . Call the ATF and they will tell you what is leagal ........... you would be surprised as to what you can do and what you cant

[tvc184]

Person to person sales for civi's is legal as long as you know the buyer is not a felon or non u.s. citizen.

If you need to ship the pistol, it will have to go to an ffl.


I recommend keeping a file of every gun you buy and sell just in case the gun ends up stolen or lost. Make, model and s/n.

I don't think that aliens are prohibited from firearms purchases or possession either as long as they are permanent resident aliens.

[justletmein]

Link: http://www.atf.gov/firearms/faq/unlicensed-persons.html

Nonlicensee

[18 U.S.C. 921(a)(32), 922(g)(8) and 925(a)(1)]

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

(B8) May a nonlicensee ship a firearm by common or contract carrier?

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

FFL Dealers:

(F14) Who may ship handguns through the U.S. Postal Service?

Federal firearm licensees may send an unloaded handgun in the mail to another FFL in customary trade shipments. Handguns also may be mailed to any officer, employee, agent, or watchman who is eligible under 18 U.S.C. 1715 to receive pistols, revolvers, and other firearms capable of being concealed on the person for use in connection with his or her official duties.

However, postal service regulations must be followed. Any person proposing to mail a handgun must file with the postmaster, at the time of mailing, an affidavit signed by the addressee stating that the addressee is qualified to receive the firearm, and the affidavit must bear a certificate stating that the firearm is for the official use of the addressee. See the current Postal Manual for details.

The Postal Service recommends that all firearms be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. (See also Questions B7 and B8.)

[tvc184]

As far as selling, you can do a face to face deal with no paperwork or other supporting documentation. You can simply walk up to a guy on the street and simply offer a gun for sale and make the deal right there and walk away.

It is illegal know or reasonably know that the person is a felon or intends to use it in a crime. If you had never met the guy you could easily get by with not knowing that he is not a convicted felon. If it is your brother-in-law that just got out of 10 years in the penitentiary, you are going to have a hard time explaining why you didn't reasonably know that your wife's brother was just in jail.

As far as paperwork, some people will only sell to someone else without a paper trail. It is not the government's business of a legal firearms transaction and the less they know the better.

Other people will only sell to someone with a driver's license and with a receipt with name, address, date of birth, etc. Those people want the paper trail in case something happens later.

Neither is right and neither is wrong. It is simply personal preference. I have sold a few guns and have never taken down the name or checked who I sold the gun to locally.

[kcmarullo]

I'm an FFl holder you can ship it person to person without an FFl this came strait from the ATF's mouth. just don't make a habit out of it because then you are required to have an FFl but do make a bill of sale with serial numbers for your records and keep, you need to make sure that person is not some kind of fellon.

[tvc184]

I'm an FFl holder you can ship it person to person without an FFl this came strait from the ATF's mouth. just don't make a habit out of it because then you are required to have an FFl but do make a bill of sale with serial numbers for your records and keep, you need to make sure that person is not some kind of fellon.

There is no requirement to keep records for private citizens and there is no need to "make sure that the person is not some kind of felon". As an FFL you obviously need to keep records and do a background check or look at a CHL but that is not the same as a citizen to citizen deal.

A citizen can't know or reasonably know that a person is a felon or intends to commit a felony but he doesn't have to do a background check or anything else.

[Artos]

I don't think that aliens are prohibited from firearms purchases or possession either as long as they are permanent resident aliens.

correct, but I would advise againt this to cover your arse...I won't do it as an ffl as I don't want to mess with proof of residency and keep copies of water bills and all that mess.

kcm has it right but most of the carriers won't accept as policy.


Mike & tvc are right...just making an obvious but important point. HIGHLY recommend keeping records of all your transactions (no obligation)

[tvc184]

correct, but I would advise againt this to cover your arse...I won't do it as an ffl as I don't want to mess with proof of residency and keep copies of water bills and all that mess.

kcm has it right but most of the carriers won't accept as policy.

True. I think a resident alien has to be in the state of purchase from an FFL for 90 days prior to the sale.

I don't think that private citizens are under that constraint however.