FTF laws in TX


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danprkr
February 24, 2011, 10:32 AM
Does anyone know where to find the law on FTF gun sales in TX? I'd like to be able to reference them on a form I'm setting up.

Thanks
Dan

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CoRoMo
February 24, 2011, 10:39 AM
I wouldn't be surprised if no state laws exist. I'm quite certain that private sales are perfectly legal in Texas. Thus, you shouldn't expect to find legislation stating, "This is legal here".

But here's the federal position...
http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

CoRoMo
February 24, 2011, 10:52 AM
After reading your question again, I assume you are referring to a bill of sale that you are creating with the intention to use for FTF sales and you want some legal jargon on it about prohibited persons. Is that right?

A bill of sale is not at all required federally or by the State of Texas. Sometimes it will actually abrogate a private transaction, but regardless, it looks like the 46th chapter of the Texas penal code again defines who is prohibited from possessing a firearm. Here is a link...

http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.46.htm

Flintknapper
February 24, 2011, 10:56 AM
Texas law (as in most States) does not tell you what you can do, it states that which is illegal/prohibited.

As concerns a FTF sale/trade/gift/barter/loaning of a firearm, unless you KNOW (or should reasonably have known) that a person was prohibited to own/possess a firearm for any of the reasons below, you can legally conduct the transaction. (assuming it is a legal firearm).

----------------------------------------------

Texas: law prohibits possession of a firearm by a person who has been convicted of any felony or a Class A misdemeanor involving a member of the personís family or household, and five years have not elapsed since the personís release from confinement or supervision.

A firearm cannot be possessed by a person who is subject to certain family violence orders.

It is unlawful to knowingly transfer a handgun to a person who intends to use it unlawfully or in the commission of an unlawful act, or is subject to an active protective order.

A firearm cannot be knowingly transferred to a person who is younger than 18 years (without parental consent), intoxicated, or a convicted felon.

NavyLCDR
February 24, 2011, 12:10 PM
18 USC 922 governs FTF transactions at the Federal level:
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

You will want to look at paragraphs (a)(3), (a)(5), (d), and (x).

If either you or the buyer does not have a Texas CHL, than you need to also look at paragraph (q) of the same statute.

Dokkalfar
February 24, 2011, 08:10 PM
Yep. All you need is a rifle, some guy with the cash, and no knowledge that that person is from a different state or a felon, etc. If you have no reason to believe they're prohibited, then go for it!

I would suggest asking for their driver's license (which proves TX residency, and at least 18 years old) and specifically ask if they are prohibited from owning a firearm. Not much else you can do. Write up a bill of sale if you want, with a copy for yourself and a copy for the other guy.

medalguy
February 24, 2011, 10:35 PM
Many Texans will not do a sale where the seller records their pesonal info. I won't. I have been asked to show a Texas DL to prove I'm a Texas resident and once I refused because the seller had his pen in his hand.

All that's necessary is for you to NOT have reasonable belief that the buyer is a prohibited person. And collect the cash.

nalioth
February 24, 2011, 10:42 PM
All that's necessary is for you to NOT have reasonable belief that the buyer is a prohibited person. And collect the cash.BINGO!

Private persons are not legally required to do anything more than that.

TexasRifleman
February 24, 2011, 11:31 PM
Yep. There is no state law on this, follow the Federal laws and you are good.

All that's necessary is for you to NOT have reasonable belief that the buyer is a prohibited person. And collect the cash.

Yep

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