I own 2 handguns, and am trying to rid myself of one of them, my friend (who is over 21) is wil to buy it form me.
My question is: Is it legal for me to privately sell a handgun to a friend?
I live in Texas, and we both are of and over the age to rightfully own.
Hunting, shooting and target practise are some of the most popular pastimes in the USA, but make that you learn all about the rules and regulations regarding firearms and their safe use.
There are many questions being asked about firearm sales, find some of the best answers on this site, so be sure to checkout the other posts about firearm sales
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Kyle, here in Texas there is no restriction on selling from a PRIVATE COLLECTION, as a CYA in case you ever get questioned about the location of a firearm you should get your "friends" drivers license number. This does two things, if you get a call from a police officer saying your gun was used in a crime you can give them the DL of your friend to protect yourself. The other thing is if you were to be called by an insurance agent wanting info on a claim for stolen property you can produce the ID of the person or friend you sold it to. If you do a handwritten bill of sale that will also suffice in this state. Remember we have some of the very best State gun laws of any of the 50 states.
ask your local police, the big thing is you want to make sure ownership is transfered to him so if he goes on a crime spree, you are off the hook
You’ll want to have a bill of sale that includes serial number, make and model of the gun, and any other pertinent information. You’ll both have to sign it and keep a copy for yourself, and keep it forever. If the gun is ever used in a crime you’ll want that to prove that you have transferred ownership. You can find a bill of sale online, just google it, or you can write one yourself if you think you can write good legal jargin.
In Idaho that’s all you need is the bill of sale. I would check further into Texas law if I were you, but that’s how it is here
The proper way is to transfer ownership through an FFL dealer. They’ll charge $25 or so per transfer. Basically, the FFL dealer will have the buyer fill out some forms and will conduct a background check. Most states have instant background checks, unlike the Republik of Kalifornia where I live. I believe the waiting period is 10 days.
People will try to talk you out of an ownership transfer, but I would not listen to them. Once ownership is transferred, the buyer takes title and is responsible for that firearm. The firearm might be involved in a shooting. Law enforcement is going to go after the owner of that firearm, whether you did it or not. It’s best to avoid these issues.
Good luck!
Face to Face trading is the most beautiful part of gun ownership. NEVER go through an FFL unless you absolutely have to. Why would you want the government knowing exactly what you have? they could one day cease it or put you on a list that someone with ill intentions could see.
As mentioned above you should create a Bill of sale with all the mentioned info on it that way you can prove transfer of ownership just to protect yourself. But a bill of sale is not required. You are allowed to sell a hand gun to any1 that you know or believe is not a felon, is over 21, lives in your state and is legally able to own a firearm to your knowledge.
Texas has no registration of guns, you do need to qualify for a concealed carry if you choose to do so. You are engaging in a private sale to a person over 21, and as long as you know he has no defects to the ownership of guns;such as felony convictions, mental issues, etc, then all you need is the bill of sales mentioned.Just one link below for gun laws by state. The NRA has one too.
http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)#Texas
Man,
CYA!! with the prevalence of nut jobs, I refuse to do any private sales, If I need to sell a gun I take it to my dealer and pay him to consign it. God knows the liability of selling a gun to some whack job, and I’d rather have the dealer handle it so NCIC can do a BG check.. While I detest excessive firearm laws and attempts at registration or restrictions, I like not being sued for not checking better.
My take on sale to your friend, keep record of the transaction through a bill of sale, signed by both parties.. If you know your "friend" is not going to go postal, has a history of mental illness, or has a criminal history I wouldn’t hesitate, but any of the above would not bode well if things went south.
I have a buddy who is an FFL holder, he charges me a $15.00 for the paper work. It is well worth the piece of mind.
Of course its legal. THIS IS TEXAS!!
No need for a bill of sale or any other B.S. Just get the money and give him the gun.
Make sure it’s out of the trunk of a car, wear a disguise, use a stolen vehicle, wear gloves,take only cash(all in $20.00 denomination, accepted world wide/except in china)(LOL!)…….wipe it down and let someone you dont know handle it first!(allways good to have a second set of prints on a hot gun!)(LOL!!!!!!!)
Why should you want to get rid of one of your guns?
I live in Texas, and almost all my guns were bought from individuals face-to-face. Here in the wonderful state of Texas, selling a gun to your friend is a 2-step process:
Step one – he gives you the money
Step two – you give him the gun
If you like, add step three – take your buddy to the range and have an enjoyable afternoon punching holes in paper.
Yes, unless its stolen they dont know who owns it anyway.
Yes, you can sell him the gun.
However make sure you got some documentation of the sale. That way if somewhere down the road he sells the gun or it gets stolen and used in a crime, you got some proof you sold it before that all happened.