Buying and Selling in Texas?

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  • Axxe55

    Retiretgtshit stirrer
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    Dec 15, 2019
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    Lost in East Texas Elhart Texas
    See how sweet and cuddly Texans are? And this is his “warm and fuzzy side” showing!

    :laughing::roflfunny::roflsmile::cool:

    nobody.jpg
     

    motorcarman

    Compulsive Collector
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    Feb 13, 2015
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    Rural Wise County, TX.
    There is really only one caveat about a private sale without trading info and that is when I want/have to sell one of my Curio or Relic firearms (obtained with my FFL03) and I have to fill in the info in the DISPOSITION column.

    Some may be angry about giving out the info but it is required to complete my BOUND BOOK as per ATF regulations.

    If the firearm is NOT in my BOUND BOOK, I take NO INFO from anyone during a sale.

    If the FFL03 EXPIRES or I relinquish the license then ALL firearms become my personal property and the BOUND BOOK is DESTROYED!!!!

    Disposition then becomes TEXAS laws only and the ATF is out of the picture.
     

    Nightwatch

    Active Member
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    Jan 9, 2014
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    There are no state laws regarding purchase or sale of firearms that I'm aware of. Only federal law applies. It's summarized in the ATF's brochure "Best Practices: Transfers of Firearms By Private Sellers".

    [url\https://www.atf.gov/file/58681/download[/URL]

    Briefly, an unlicensed seller can transfer a firearm to a person residing in the same state as long as they have no reason to believe the buyer is not prohibited from possessing firearms.

    I'm not suggesting you or anyone try this, but I think that specific wording (more accurately the specific wording of the law it's extracted from) would allow a resident of state A to travel to state B and while in state B sell a firearm to a resident of state B who is not a prohibited person. I'm curious if any armchair lawyers have an opinion or know of precedent on that.
    That scenario's covered and forbidden in ATF 5300.4, the FFL Dealer's Guide, in this section:

    "§ 478.30 Out–of–State disposition of firearms by nonlicensees.No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other busi-ness entity, does not maintain a place of business in) the State in which the trans-feror resides: Provided, That the provi-sions of this section:..." and goes on to explain a bequest or inheritance transfer and some common carrier rules...

    The trip-wire is that the recipient has to live in the transferring party's home state...not where the transfer takes place. I wanted to give my AL daughter a pistol...I could go there with it, give it to an FFL, he'd enter it into his bound book, charge whatever fee he wanted, she'd fill out a 4473 and go home with it.
     

    Shady

    The One And Only
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    Aug 24, 2013
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    I still don't get why people want to make it more complex than hand over cash, get gun and part ways.

    You don't need to show ID's, you don't need to know each others names, no blood, or stool samples

    The only requirement is You cant knowingly sell to someone who cant legally own or you know is not a resident of the state. SO DON'T ask and you can't know.

    Now if the dude shows up with teardrop tats under his eye and gang tats, The buyer looks 12, he shows up with California plates on his car well then its your moral call if you make the sale.

    This is for private party sales
     

    Nightwatch

    Active Member
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    Jan 9, 2014
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    Read the post I quoted and answered a question from...I realize it takes more effort than just shooting off your mouth, but answering others' questions and sharing info IS the program.
     

    Axxe55

    Retiretgtshit stirrer
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    0   0   0
    Dec 15, 2019
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    Lost in East Texas Elhart Texas
    Start at the beginning of the thread. Private sales do not require an FFL in Texas to complete. So where does an FFL belong in this discussion?

    Simple. It doesn't. Learn to read.
     
    Last edited:

    Nightwatch

    Active Member
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    Jan 9, 2014
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    S'cuze me...the OP begins in post #1 asking about buying from an FFL and what he needs...kinda makes you look like you're either not reading the posts or not comprehending. Oh, and there were 8 more posts that dealt with FFLs and 4473s in answer to the OP's question in his post #1 before you saw fit to jump in and show your attitude...guess you kinda didn't read those, either. Might be good if you'd just climb down off your high horse and move on...unless you have something to contribute to be helpful.
     

    Texasgordo

    TGT Addict
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    26   0   0
    May 15, 2008
    68,911
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    Gonzales, Texas
    1. Careful about showing weakness going into a discussion on this Forum…signs of weakness are engaged savagely…

    2. LOL! Folks from free states are fully aware of the horrific gun laws in socialist states. But it’s rarely the other way around…

    3. Both parties should have TX ID (or CHL = better), and then mutually agreed cash or trade. Shake hands. Go on with life!

    4. Cash, check, or card and ID from #3 above.

    5. Buying/selling is easy peasy here in the Republic. Just don’t tell them you are from Jersey until after the deal is done or they will charge you the “Damn Yankee” tax.

    Freebie…when anyone asks you if you’re a “Yankee”, they ain’t talking baseball. Just tell them “I’m a damn Yankee!” That’s a Yankee who’s here to stay, not just visit. LOL!

    p.s. I’m a damn Yankee myself…

    Welcome!
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    Axxe55

    Retiretgtshit stirrer
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    Dec 15, 2019
    47,295
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    Lost in East Texas Elhart Texas
    Thank you all for the help.
    Truly I appreciate it all.

    Biden/Harris ‘24 isn’t a thing here? ;)

    According to current information, Harris' cardboard cutout made it to the border before she actually showed up in person!

    Secondary rumor is, Harris heard that we have hoe-downs here in Texas, And thought that was a personal invitation for her special talents!
     
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