A quick CYA question

[blooeyesguy]

I am selling a rifle, but the other party is in a different part of the state. The other person will have someone in my area to take possession of the rifle for transport to the buyer. I have no reason to believe that the buyer is unable to own firearms, and the buyer is willing to fax me his driver's license info. Is there anything legally wrong with this transaction?

 

[Glockman17366]

You need to find out what Texas law says about transfer of long arms.
However, if you feel uncomfortable, do the transaction through an FFL or insist on a bill of sale with the buyer's drivers license number (photo ID, I hope) and signature.
The FFL would give you 100% security, but the Bill of Sale would give you some documentation that the rifle was sold.

 

[blooeyesguy]

This is not only the sale of my rifle, but also mags, case, and 300 + rounds of ammo. I have never dealt with an FFL to ship a firearm to anyone. Would I have to pay shipping costs and would the FFL even ship everything with the rifle?

 

[BhmBill]

You can ship a firearm straight to his home since FFL's are only required for out of state transactions, unless TX law requires long gun private party sales go through the police or an ffl.

The guy who is coming to get the gun will have to be clean and a resident of the state, and the "other person" has to be clean as well. If the "other person" is by chance a felon or otherwise prohibited from possessing firearms by any law, that would be considered a straw purchase and it's highly illegal.

Correct me if i'm wrong.

Assuming both of them are clean, this would fall under "gifting" i think, which is legal. It's illegal if either of them are prohibited to possess firearms.

 

[blooeyesguy]

Without the possession of a Texas CHL, how would anyone know who is and who is not a felon?

 

[BhmBill]

you wouldn't unless you conduct a background check. Make out a bill of sale that contains the make, model, serial number, and something that says the buyer (the guy who is physically getting the gun, whether in person or shipped) certifies that he isn't prohibited from owning a firearm by law, send or give to whoever is physically getting the gun, have them sign it, make a copy to give to the buyer.

 

[Wirtbowhunter]

Unless texas law says different, I would just mail it to his house through the postal service. No ffl required.

 

[Art Eatman]

Assuming everybody involved is over eighteen years of age and is not KNOWN to have any criminal intent or record, neither the State of Texas nor BATFE is interested in the deal.

BhmBill is correct in his advice about the bill of sale, IMO.

And, cash, no checks.

 

[2nd 41]

That rifle has your name on it. You are dealing with 2 people you do not know.
If it gets lost/stolen....used in a crime.....do you need the aggravation?
I'd only do it Eye To Eye through a licensed dealer. But that's just me.

 

[chiggerbyt]

quote: "Assuming everybody involved is over eighteen years of age and is not KNOWN to have any criminal intent or record, neither the State of Texas nor BATFE is interested in the deal."

Please don't take this the wrong way but.... they (BATFE & et al,) will be interested if it's found in Mexico!

Considering Texas, Arizona and New Mexico are reported (accurately or not) as places where firearms are obtained and then go over the border I would have a scanned copy of the buyer/s driver's license at a minimum and go thru a FFL at maximum.
Just my .02 worth and probably not worth that. Let's not give well meaning politicians any more ammo or reason for a ban on private sales at this time. CYA---- chig

 

[NavyLCDR]

If the "other person" is by chance a felon or otherwise prohibited from possessing firearms by any law, that would be considered a straw purchase and it's highly illegal.

Correct me if i'm wrong.

I will correct you on one minor point. Straw purchase only applies to firearms purchased from dealers, not private party sales.

Assuming everybody involved is over eighteen years of age and is not KNOWN to have any criminal intent or record, neither the State of Texas nor BATFE is interested in the deal.

BhmBill is correct in his advice about the bill of sale, IMO.

+1 Absolutely what Art said.

Without the possession of a Texas CHL, how would anyone know who is and who is not a felon?

In a private party sale, in Texas, there is no requirement to verify the eligibility of the receiver of the firearm to possess the firearm. There is only the requirement to have no knowledge or reasonable cause to believe there is an ineligibility.

That rifle has your name on it. You are dealing with 2 people you do not know.
If it gets lost/stolen....used in a crime.....do you need the aggravation?
I'd only do it Eye To Eye through a licensed dealer. But that's just me.

How does the rifle have "the seller's name" on it? There is no gun registration at the Federal level nor at the Texas state level. If the gun is transferred to a non-prohibited person in a private sale, who cares if it subsequently used in a crime or ends up in Mexico. It was transferred to a non-prohibited person, it isn't the seller's problem anymore.

 

[BhmBill]

thank you Navylt. I thought a straw purchase was simply purchasing a firearm on behalf of someone who legally can not possess (maybe even purchase?) firearms.

Good luck blooeyesguy

 

[NavyLCDR]

Straw purchase only means lying on the 4473 to the answer to the question "Are you the actual purchaser of the firearm". Straw purchase involves nothing else other than a false answer to that question. The legality of the final recipient of the firearm has no bearing on whether a straw purchase was made or not. The final recipient can be perfectly legal in all respects, can be illegal to make the purchase themselves, or can be completely illegal to possess the firearm, it doesn't matter.

If one person gives another person compensation for buying a gun for them (either before or after the deal), and the person receiving the compensation lies on a 4473 to the dealer and says, I am the actual purchaser (IE: it is my money I am buying this with), then a straw purchase has occurred. It is prosecuted as a violation of 18 USC 922 (a)(6):

(a) It shall be unlawful—
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;