Selling A Gun In Texas? Do Your Paperwork

It is generally legal to buy and sell guns privately in Texas and across the USA. Keeping records isn't really necessary but you should, Here's how I know that .,,

How do I know it could cost you your weapon? I lent a pistol to a friend once and, without going into detail, it wound up in the hands of EPPD. No crime was committed but they wouldn't give it back to him because he didn't own it.

Now, I have to go get it. Simple, right? Nope. The pistol was a gift from a relative and not in my name so I didn't "own" it either. I had to get in touch with him, have him write a letter saying it was a gift to me, have it notarized and send it to me.

Then I had to go back to the police station, show it to the cops and then they let me have it back. If that was to happen today though, I'd be SOL because he has since passed away. The moral of the story is, just because you don't have to, doesn't mean you shouldn't.

I'm Not Gonna Die, Give Me Another Reason

Ok, another BIG reason is to relieve yourself of responsibility for it. If it gets traced to a crime, you want to be able to prove that you don't own or have it anymore. This applies to firearms given as gifts or inherited as well.

Private Sales Vs. Retail Sales

Unless you're actually in the business of selling firearms, paperwork isn't that big of a deal. When you buy from a store or licensed FFL holder, you have to fill out a form that asks a zillion question and, unless you have an LTC permit, you have to clear a background check.

Who Can Buy/Sell Guns?

If you're in the business of selling guns, you need an FFL license and you have to follow all the federal rules and regs  (NOTE: Be sure you get the correct FFL.) If it's a private sale, you're good to go unless the buyer:

• Is under 18 years old (unless given to them by a parent or guardian for legal use such as hunting or self-defense at home).
• Has a felony conviction and has not completed the required five-year waiting period after release.
• Is under a domestic violence protective order.
• Has been convicted of certain misdemeanor domestic violence offenses.
• Is intoxicated at the time of the transfer.
• Plans to use the gun for an illegal purpose. - gallianlawfirm.com

If you complete the sale and are later found to have known that any of those conditions existed, you in some trouble boy.

READ MORE: Proposed Law Change For Guns And Marijuana 

In Texas, and across most of the USA, if you and your buddy make a deal, you don't really have to do anything but agree on the price. Otherwise, you're good if you both live in Texas. If one doesn't,, you'll, (most likely), need to get an FFL holder to oversee the transaction.