How To Sell a Gun in Texas

State Laws for Private Sales

If you're interested in selling a gun in Texas, it's important to know the state laws for private sales. Texas is a state with strong gun-rights laws, allowing private party gun sales between two individuals who are 18 years old or older, including both handguns and long guns (rifles, shotguns, etc.). People with NFA class III firearms and items are covered too.

However, certain restrictions apply, such as not being able to sell to anyone younger than 18 years old without written permission from a parent or person with legal custody, or to individuals who are prohibited from owning firearms, such as convicted felons. Additionally, a Texas License to Carry (LTC) holder can bypass background checks when purchasing firearms from a licensed dealer and has additional legal protections when carrying a gun in public. Obtaining a Texas LTC is easy and affordable. The application process can be initiated online but still requires applicants to attend a training course with a certified instructor, which includes both classroom and range instruction.

Gun Ownership and Purchase in Texas

In Texas, a state with strong gun rights and over a million active concealed handgun permit holders, the constitution ensures the right to bear arms for lawful defense. To legally purchase firearms, buyers must be at least 18 years old for rifles, shotguns, and ammunition, and 21 years old for handguns. There are no requirements for permits or registration to own a firearm in Texas.

Private Party Gun Sales

In Texas, private party gun sales are permitted for individuals 18 years or older, including both handguns and long guns. Such sales must be within the state, and selling to anyone under 18 requires written approval from a parent or legal guardian. Furthermore, it is prohibited to sell firearms to disqualified individuals, such as convicted felons, and retaining a bill of sale is recommended to demonstrate adherence to regulations.

Texas License to Carry (LTC)

A Texas License to Carry (LTC) allows holders to avoid background checks when buying long guns from licensed dealers and offers extra legal protection when carrying a gun in public, but for handguns, a NICS check is still required even for LTC holders, as of 2021. Acquiring an LTC in Texas is both accessible and cost-effective.

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Federal Laws

Federal laws serve as a foundation for gun regulations across the United States, establishing baseline rules and restrictions that all states must adhere to. These laws include provisions regarding background checks, firearm sales, possession, and transportation, as well as restrictions for specific categories of individuals. It is crucial for gun owners to understand and comply with these laws to ensure responsible and legal firearm usage.

Federal Disqualification Categories

Convictions, warrants, and other restrictions should be considered when engaging in a firearm sale.

Private Seller Restrictions

Private sellers must adhere to restrictions when selling firearms, including not selling to individuals they know or believe to be ineligible for firearm possession. Compliance with Section 46.06 of the Texas Penal Code is also required, outlining further limitations on firearm transfers. Interstate sales are prohibited, and sales to individuals under 18 necessitate written consent from a parent or legal guardian.

Background Check and Record-Keeping

During firearm purchases from dealers, background checks are conducted using the NICS system, although Texas LTC holders can bypass this requirement. While neither federal nor Texas law mandates private sellers to perform background checks or maintain sale records, they may opt to conduct checks via an FFL dealer. It is advisable for private sellers to keep a record of the sale for personal reference.

Selling a Gun to Another Person in Texas

Selling a gun to another person in Texas does not require universal background checks for private sales or transactions at gun shows. However, penalties may apply if involved in illegal transactions, such as selling to ineligible individuals or handling defaced or restricted firearms. To ensure a compliant sale, private sellers have the option to enlist a Federal Firearms License (FFL) dealer to conduct background checks and maintain records for a fee. Background checks and maintaining records, with the dealer charging a fee for their services.

Gun Ownership in Texas

The state has specific restrictions on gun ownership for criminals and mentally ill individuals. Federal disqualification categories for purchasing a firearm include convictions, warrants, pre-trial release, misdemeanors related to domestic violence, unlawful use or addiction to controlled substances, dishonorable discharge from the armed forces, renounced U.S. citizenship, and illegal alien status. There is no limit on the number of guns a person can own in Texas, as long as they can legally possess guns under federal and state law.

Ensuring Safe and Legal Transactions

In this section, we'll guide you through the essential principles and best practices that underpin secure and lawful transactions in the Lone Star State.

Meeting the Buyer in Person

In Texas, private sellers are not required by law to conduct background checks when selling firearms to individuals who are not prohibited from possessing firearms. However, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends that private sellers use the National Instant Criminal Background Check System (NICS) to ensure the buyer is legally permitted to own a firearm.

There are also restrictions on who can possess firearms in Texas, including individuals who have been convicted of certain crimes, those who are subject to protective orders, and those who have been adjudicated as mentally ill. The clerk of the court is required to provide information to the Texas Department of Public Safety on individuals who have been ordered to receive inpatient mental health services or have been found incompetent to stand trial, which may impact their ability to possess firearms.

It's important for anyone considering selling a firearm in Texas to be aware of these laws and regulations and to follow the guidance of the ATF to avoid any potential criminal charges.

Documenting the Sale

It is recommended to keep a bill of sale to show that the seller made an effort to not sell to a prohibited person. Neither federal law nor Texas law requires private sellers to keep a record of the sale, but it is recommended to do so for personal purposes.

Antique Firearms

In the state of Texas, curio and antique guns manufactured before 1899 that do not use centerfire or rimfire ammunition are not considered firearms under the Texas Penal Code Title 10, Chapter 46, but the federal law still considers these firearms to be subject to federal regulations. These laws include replicas.

Age and classification requirements, as well as selling guidelines, should be followed when dealing with antique firearms.

Staying Informed about Gun Laws

Keeping up with the latest gun laws and regulations is crucial for gun owners and enthusiasts alike. With laws varying by state and constantly evolving, it's important to stay informed to avoid potential legal consequences.

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Texas Penal Code

An offense under Texas law for unlawful transfer of certain weapons is a Class A misdemeanor, except that an offense related to transferring a handgun to an ineligible person is a state jail felony.

Monitoring Changes in Legislation

Stay updated on state and federal legislative changes and engage with gun rights organizations to ensure you remain informed about the latest regulations and legal requirements.

Importance of Legal Compliance and Safe Transactions

Adhering to legal requirements and conducting safe transactions is crucial when selling a gun privately in Texas. Not only does this protect the seller from potential legal consequences, but it also promotes responsible gun ownership and helps prevent firearms from falling into the wrong hands.

Adhering to legal requirements and conducting safe transactions is crucial when selling a gun privately in Texas. Not only does this protect the seller from potential legal consequences, but it also promotes responsible gun ownership and helps prevent firearms from falling into the wrong hands.By following the guidelines and resources provided in this article, you can confidently and legally sell a firearm in Texas. Stay informed about changes in gun laws, and always prioritize the safety and legality of your transactions.

Tips to Sell Safely and Get the Best Price

To ensure a successful sale, make sure your firearm is in good working condition, clean, and well-maintained. Provide an accurate description of the firearm, including its make, model, caliber, and accessories. Prepare a comprehensive bill of sale and include relevant documentation, such as receipts and warranty information. Finally, complete the sale and transfer ownership in a legally compliant manner by adhering to all applicable federal, state, and local laws and regulations.

Cleaning and Maintenance

It's a good idea to ensure your firearm is in good working condition and properly cleaned before selling it. This can also increase the firearm's value.

Accurate Description

When preparing your firearm for a private sale, you should aim to provide an accurate description of the firearm. This includes information about the make, model, caliber, and any accessories that come with the firearm. An accurate description will help ensure a smooth transaction with your ultimate buyer.

Documentation

Prepare a complete bill of sale (we should put our BoS link here) that protects both parties in case of disputes, including the following information: sale date, buyer and seller information, and firearm details (such as make, model, and serial number). Additionally, be sure to include any relevant paperwork, such as purchase receipts and warranty information.

Completing the Sale and Transferring Firearm Ownership

Once you've found a legal buyer, complete the sale and transfer ownership of the firearm in a legal and compliant manner. Be sure to follow all applicable federal, state, and local laws and regulations, including background checks and any necessary permits or licenses.

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Tips to Sell Safely and Get the Best Price

To ensure a successful sale, make sure your firearm is in good working condition, clean, and well-maintained. Provide an accurate description of the firearm, including its make, model, caliber, and accessories. Prepare a comprehensive bill of sale and include relevant documentation, such as receipts and warranty information. Finally, complete the sale and transfer ownership in a legally compliant manner by adhering to all applicable federal, state, and local laws and regulations.

Cleaning and Maintenance

It's a good idea to ensure your firearm is in good working condition and properly cleaned before selling it. This can also increase the firearm's value.

Accurate Description

When preparing your firearm for a private sale, you should aim to provide an accurate description of the firearm. This includes information about the make, model, caliber, and any accessories that come with the firearm. An accurate description will help ensure a smooth transaction with your ultimate buyer.

Documentation

Prepare a complete bill of sale that protects both parties in case of disputes, including the following information: sale date, buyer and seller information, and firearm details (such as make, model, and serial number). Additionally, be sure to include any relevant paperwork, such as purchase receipts and warranty information.

Completing the Sale and Transferring Firearm Ownership

Once you've found a legal buyer, complete the sale and transfer ownership of the firearm in a legal and compliant manner. Be sure to follow all applicable federal, state, and local laws and regulations, including background checks and any necessary permits or licenses.

Using Cash for Arms to Sell Your Guns

Using Cash for Arms is a safe and secure option for selling your firearm. By choosing a reputable buyer, you can ensure a smooth and legal transaction while getting the best market value for your firearm.

By following the guidelines and recommendations in this article, you can successfully navigate the process of selling a gun in Texas. Remember to always adhere to federal and state regulations, as well as local laws, to ensure a legal, safe, and profitable transaction.