millercreek
New member
How would an individual sell a gun to another individual and change the ownership of the gun to the new owner?
Transfering ownership of a firearm in Texas?
- Thread starter millercreek
- Start date
Currently the only requirement to sell a firearm in a FTF transaction in Texas that other buyer can legally own a firearm.
It means the buyer is NOT:
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United States, has renounced his or her citizenship;
(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
(9) Has been convicted of a misdemeanor crime of domestic violence
(10) Cannot lawfully receive, possess, ship, or transport a firearm.
Since there is no easy way that you can verify these I presonally would NOT sell anything to anybody unless he has a CHL or I would go trough an FFL. I also advice that you capture all information about the buyer and create a bill of sale.
If the firearm gets lost/stolen and used in a crime you can be in trouble unless you have the buyers credentials and proof of sale.
It means the buyer is NOT:
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United States, has renounced his or her citizenship;
(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
(9) Has been convicted of a misdemeanor crime of domestic violence
(10) Cannot lawfully receive, possess, ship, or transport a firearm.
Since there is no easy way that you can verify these I presonally would NOT sell anything to anybody unless he has a CHL or I would go trough an FFL. I also advice that you capture all information about the buyer and create a bill of sale.
If the firearm gets lost/stolen and used in a crime you can be in trouble unless you have the buyers credentials and proof of sale.
Barber2678
New member
I've got to call bull on that. :barf: There is no law that requires you to keep such information as to the who/what/when/why on a firearm sale. There is no way you would be held responsible unless they (the authorities) could prove that you knowingly sold the firearm to a prohibited buyer or if you sold the firearm knowing it would be used in a crime.
In Texas you can even ship a firearm individual to individual without the use of a FFL. Perfectly legal.
I know that and that's why I stated CAN and not WILL. I would hate seeing 2 LEOs showing up at my house one night asking how my firearm ended up in the hands of an illegal immigrant who shot somebody at the this and that PD
.Now you have to prove that you did NOT KNOWINGLY passed the firearm to the SUSPECT.
My personal(!) choice is:
No thanks!!! I would like to cover my @ss. The antis are already looking for every reason to ban everything. Why give them one more.
millercreek
New member
Even if I sold it to the guy knowing he has a clean background, wouldn't my name still be registered to the weapon through the ATF? I thought there would be a form or something that had to be sent to the ATF for transfer of ownership.
Barber2678
New member
There is no gun registration in Texas. The FFL keeps the yellow sheet on file at their business for a certain amount of time, but I do not believe they are required to send it in. When they do the instant background check, the only info that is passed on is pistol or long gun. Any FFL's have any additional info? 
Barber2678
New member
And that is how it should be everywhere.
AMEN to that!
tom
question for the masses; so whats so wrong about being "politically incorrect"?
recent conversation;(this was at a local benefit auction)
"I am against owning guns"
"and youre obviously against limiting your food intake to human proportions"
It was the Mayors wife. I was told to apologize.
Barber, I'm not an FFL, but rumor has it that the ATF goes around "inspecting" (taking) those yellow sheets from most gun dealers, and has for many years. If true, then there is de-facto national registration based on the last 4473-documented transferee of most guns. That's not always the current owner, and as guns age the likelihood of it being the current owner drops even more, but it gives the government a place to start looking.
I'm a bit curious what percentage of guns in no-registration states (like TX) are off-book (where the last 4473 transferee != current owner). I don't have high hopes of ever seeing numbers like that, since I can't think of any way to collect them reliably.
I'm a bit curious what percentage of guns in no-registration states (like TX) are off-book (where the last 4473 transferee != current owner). I don't have high hopes of ever seeing numbers like that, since I can't think of any way to collect them reliably.
Barber2678
New member
I will ask my local gunsmith if the ATF ever takes their 4473 forms. I will ask Wildalaska too.
Barber2678
New member
This from Wildalaska ...
I don't think they can take them without good reason. Who cares anyway? I am not doing anything illegal or own any illegal guns.
I don't think they can take them without good reason. Who cares anyway? I am not doing anything illegal or own any illegal guns.
If you really want to cover your butt, just put those requirements on a bill of sale and have the buyer sign it. Then your done. You have no obligation to "verify" that info (according to state law, some states require that you do), just to reasonably believe that they are eligible to possess the firearm.
For example,
I, Joe Smoe, did purchase one AR-15 serial number XXX from John Doe, for $1000 on 1 April 2008. I certify that I am not:
etc....
Signed,
Joe Smoe.
And then the seller signs a receipt for the money and gives it to the buyer.
For example,
I, Joe Smoe, did purchase one AR-15 serial number XXX from John Doe, for $1000 on 1 April 2008. I certify that I am not:
etc....
Signed,
Joe Smoe.
And then the seller signs a receipt for the money and gives it to the buyer.
I was told once from a guy I work with he bought a pistol from a lady who would notsell it to him unless he transfered it , all he did was take it to a local pawn shop pawn it for $1 then picked it up next day, was in his name from then on. this was in wv not texas but it should work the same.
Gee, I've sold lots of guns in Garage Sales. Probably no less than 10 in as many years. I've purchased guns in Garage Sales and Estate Auctions. No paperwork. Just cash and carry.
My brother who is a Sheriff's Deputy sells guns as well at garage sales. It is the most effective way to guarantee that on that one weekend, the man puts his foot down and demands that they go to my garage sale first.
In fact if I don't have a gun, I go to the pawn shop and buy the cheapest single-shot shotgun I can get and mark up the price 20% and then sell it the first five minutes of my garage sale.
About the only thing governing sales of firearms in Texas is the Federal Government regs that only apply to FFL's. They do not apply to me as a private citizen selling private property to another private citizen. I wouldn't knowingly sell a firearm to a known felon. But I've rarely had that problem anyway as Women tend to buy my guns more than men do. I've only sold two out of 10 to men. The remaining 8 were bought by women either for themselves (generally pistols) or for their boyfriends/husbands as a gift.
I love this state!
My brother who is a Sheriff's Deputy sells guns as well at garage sales. It is the most effective way to guarantee that on that one weekend, the man puts his foot down and demands that they go to my garage sale first.
In fact if I don't have a gun, I go to the pawn shop and buy the cheapest single-shot shotgun I can get and mark up the price 20% and then sell it the first five minutes of my garage sale.
About the only thing governing sales of firearms in Texas is the Federal Government regs that only apply to FFL's. They do not apply to me as a private citizen selling private property to another private citizen. I wouldn't knowingly sell a firearm to a known felon. But I've rarely had that problem anyway as Women tend to buy my guns more than men do. I've only sold two out of 10 to men. The remaining 8 were bought by women either for themselves (generally pistols) or for their boyfriends/husbands as a gift.
I love this state!