Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

FTF laws in TX

Discussion in 'Legal' started by danprkr, Feb 24, 2011.

Thread Status:
Not open for further replies.
  1. danprkr

    danprkr Member

    Joined:
    Apr 26, 2009
    Messages:
    1,337
    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
     
  2. CoRoMo

    CoRoMo Member

    Joined:
    Sep 21, 2007
    Messages:
    8,940
    Location:
    Californicated Colorado
    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...
     
  3. CoRoMo

    CoRoMo Member

    Joined:
    Sep 21, 2007
    Messages:
    8,940
    Location:
    Californicated Colorado
    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
     
  4. Flintknapper

    Flintknapper Member

    Joined:
    May 11, 2006
    Messages:
    1,961
    Location:
    Deep East Texas
    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 person’s family or household, and five years have not elapsed since the person’s 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.
     
  5. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
  6. Dokkalfar

    Dokkalfar Member

    Joined:
    Jan 7, 2009
    Messages:
    390
    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.
     
  7. medalguy

    medalguy Member

    Joined:
    Mar 20, 2009
    Messages:
    3,207
    Location:
    New Mexico
    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.
     
  8. nalioth

    nalioth Member

    Joined:
    Jul 9, 2007
    Messages:
    5,841
    Location:
    Houston, Texas
    BINGO!

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

    TexasRifleman Moderator Emeritus

    Joined:
    Feb 16, 2003
    Messages:
    18,302
    Location:
    Ft. Worth
    Yep. There is no state law on this, follow the Federal laws and you are good.

    Yep
     
Thread Status:
Not open for further replies.

Share This Page