Private gun sale in Texas? Requirements?

Discussion in 'The Constitutional & RKBA Forum' started by OldEagle, Jul 3, 2010.

  1. OldEagle

    OldEagle New Member

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    A friend of mine in Texas is talking to someone who has a handgun for sale. She (buyer) is a registered nurse. The seller just wants to meet--exchange gun for money--and move on. Co-workers have told my friend that this is illegal in Texas and she could lose her license for doing a deal like this.

    Is this true? Where I live, private parties can just sell or buy guns from individuals. Bills of sale are probably a good idea, but not required.
  2. pinecone70

    pinecone70 Active Member

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    I don't know for sure, but that sort of transaction isn't illegal here in MN. Someone from TX will be able to enlighten us.

    Welcome to TFF.
  3. Bobitis

    Bobitis Guest

    Not illegal here either.

    However!.....
    I'd suggest she cover ALL here bases.

    I sold a handgun many years ago to a complete stranger. I had him sign a bill of sale, and required to see his drivers license. Everything was recorded.
    One copy for him, and one for me.

    Check your local/state laws. Seems silly to lose a nurses license for selling a firearm.:rolleyes:
  4. navis128

    navis128 New Member

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    I was going to buy one from a friend of mine, but I decided on a different caliber.

    Do the ownership transfer paperwork and she should be good to go. Make sure it wasn't used in a robbery or something.

    If she's really paranoid, have her ask a Stater, I utilize them for quick answers. A Ranger office would know too.
  5. medalguy

    medalguy Member

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    TEXAS!! LAND OF THE FREE!!!

    Yes it's perfectly legal to buy or sell any handgun or long gun person-to-person UNLESS the seller has a reason to believe the buyer might not be legally qualified to purchase and possess that firearm. No identification is required, and most folks here won't go through with a deal where a seller wants a copy of your driver's license. I know I wouldn't. If they want to see a CHL I would probably show it but nobody needs to be walking around with my DL information in their possession.

    And just why would she lose her nursing license? Her friends probably think guns have to be "registered" here too. Too damn many "furriners" (anybody not born in Texas and having a 5 generation Texas lineage) moving in here. :rolleyes:
  6. pinecone70

    pinecone70 Active Member

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    It seems like a lot of people don't understand the rules, but it's kind of laughable about the nursing license. I'm sure if she committed a felony that license would be questioned, but it has zippo to do with firearms possession.
  7. johnlives4christ

    johnlives4christ Former Guest

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    here in kentucky you can sell a gun to anyone that walks by. no ID required.

    i would not sell a gun to a person that insisted i do a transfer. it's an insult to me if it's a friend, and an annoyance if a stranger
  8. navis128

    navis128 New Member

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    John, friends are friends, but bidness is bidness.

    It's not meant as an insult...it's prudent. :)
  9. Alpo

    Alpo Well-Known Member

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    Ownership transfer paperwork? You mean go through a dealer and do a 4473, or has Texas got some weirdness I've never heard of?
  10. carver

    carver Moderator

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    If you pay a fair price, and have no suspisions of the gun, or person, selling/buying the gun, then it's legal here in TX, and in LA as well. A truck driver offered me a Mac 10 for $150 once, I politely refused, and called 911 when out of sight. I would have loved to have that gun for the price, but something wasn't right here, and I knew it.
  11. Crpdeth

    Crpdeth Active Member

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    Any info on how to do this?

    Crpdeth
  12. navis128

    navis128 New Member

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    I'm reading...I might be thinking something more like a "Bill of Sale".

    Creeping Death...I would start with not purchasing it from "some guy". :D
  13. wyoredot

    wyoredot New Member

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    why not have the serial no. run thru your local sheriff dept. datatbase? You don't have to reveal who has what.....
  14. carver

    carver Moderator

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    There ya go! Run the SR#, if it comes back clean, make the deal happen. However, I would never buy a gun form anyone other that a licensed dealer if that gun was one that I carried every day. To much at stake! My carry peice will be legal all the way!
    Last edited: Jul 4, 2010
  15. navis128

    navis128 New Member

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    I'm sorry, I think it was the bill of sale I was talking about. Good news is...it's in my maiden name :)

    I do know that metalguy is right where it is the burden of the seller to make sure they are not buying to ineligible individuals.

    I wouldn't buy from anyone I didn't know and trust though.
  16. Crpdeth

    Crpdeth Active Member

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    Well, first of all, when they did do that for you, it was required that the LEO have the firearm and if it came back hot, well you just lost it, but here lately it's next to impossible to even get them to do that.



    Navis... Another problem though... Just because you know and trust an individual doesn't mean that they didn't accidentally acquire a stolen firearm.

    I have personally bought an AK from a shop here in town that has been doing business for a very long time, I then sold it to my brother who eventually sold it to a Police Dispatcher who ran the numbers and it came up stolen. Apparently when the shop ran the numbers they were sloppy (or the LEO was) and a number was misread and it was deemed clean... I'm just saying.

    Heck I have a pistol right now that I got from my Grandpa, I trust him with my life, but I know that he loves those damn flea markets and junk sales, lol, there is no telling where he got it. :p


    Crpdeth
  17. carver

    carver Moderator

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    Crpdeth, you are correct. I do know that running the SR# will usually only turn up local info.
  18. navis128

    navis128 New Member

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    I cannot argue that you bring up excellent points Crpdeth, that sucked for your brother... :D

    Maybe your grandad's pistol was used in a train robbery...

    I just like staying low profile, so I trust my instincts...haven't went to jail yet, knock on wood :eek:
  19. Bobitis

    Bobitis Guest

    I asked to see his D/L for picture purpose and name verification only.
    The revolver was purchased and registered to me. If you want to hand one over to John Doe, that's your choice. If you buy from a shop, you have to present ID. No? So what's the problem in a private transaction?

    If the weapon was used in a crime after the sale, wouldn't you want to be able to state under oath that you verified the buyer by picture ID and name that matches the bill of sale? If I was on the buying end, I'd ask for the same info. You don't want to sell to a criminal, nor do you want to buy from one. Seems like common sense to me. Cover your backside.
  20. Crpdeth

    Crpdeth Active Member

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    Navis

    Good stuff... Certainly, buying from people you trust will cut down on the chances that you receive stolen goods.

    Oh and my brother got that AK back if you believe that one... The Police sent letters the the insurance co that paid the victim for it and also to the last known address of the guy. They had to send out two sets of letters and there was to be a hearing where it would be possible that the firearm be awarded back to my brother, but the PD never received a response so they just handed it back to him.


    Crpdeth
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