Covering my butt selling a gun

[Kalena]

I may be selling one of my dad's guns to my ex-husband, I'm not particularly looking forward to it, but if he's not smart enough to price check and offer me $50 more than buying a new one, yeah I'll totally take his money

I have never sold a gun in Texas, do I need to do a transfer of ownership? Is that even a thing? From what I can gather, a bill of sale will do the trick, unless I wanna mess with going thru a FFL. I'm not even sure if it's in Dad's name at the moment.

 

[Vaquero]

Sleep on it.
I ain't sure why any lady would sell a gun to an ex.

 

[Kalena]

I normally live 1800 miles away and am a better shot

 

[grumper]

If you live 1800 miles away from TX does that make you an out of state resident?

 

[txinvestigator]

In what state do you and he reside?

 

[Kalena]

Both in Texas at the moment, I'm technically a WA resident.

 

[txinvestigator]

You cannot sell it face to face, I don't believe. You should ship it to an FFL and let him pick it up there.

 

[Bithabus]

While BATFE does recognize that a person may be a resident of more than one state, I would recommend that you play it safe and pay an FFL to transfer the firearm.

 

[Hoji]

While BATFE does recognize that a person may be a resident of more than one state, I would recommend that you play it safe and pay an FFL to transfer the firearm.

And if this guy ^^^^ is suggesting that, I would listen.

 

[Hoji]

You cannot sell it face to face, I don't believe. You should ship it to an FFL and let him pick it up there.

This guy too.^^^^^

 

[Vec]

yep.... thats the way

 

[Byrd666]

Get a hold of this guy. He was the FFL I used when I lived in Midland. He also helped me in getting my License and I trust him.

Terrance Ohlmann
Action Sporting Arms
1309 Cotton Flat Rd
Midland, TX 79701
(432) 528-9902 (Phone)

 

[ZX9RCAM]

Are you helping your mom sell the guns, as in she actually owns them now?
Does she live here in Texas?
She could sell the guns herself without going through the FFL, if selling to other Texans.

 

[Kalena]

Yep, I'm just helping/doing the leg work on selling them, we're both in Midland, she never did any transfer of ownership or anything when Dad died.

 

[ZX9RCAM]

Yep, I'm just helping/doing the leg work on selling them, we're both in Midland, she never did any transfer of ownership or anything when Dad died.

No transfer of ownership required, as I presume she inherited them from your father.

ETA: Marital property may be a more correct term.

 

[avvidclif]

Maybe I'm different but what happens between 2 people is no damn concern of the governments. I don't car where they live. Her mother is selling the guns, not her. They belong to her mother unless mom gives them to her and again that's none of the governments business. Guns don't have titles like cars that have to be transferred. If she feels her ex is setting her up for an "illegal out of state sale" it's simple, work out the deal and have him pay and pick it up from mom. Problem solved.

BOS my ass.

 

[Byrd666]

Good point. Forgot she was staying with mom.

 

[SQLGeek]

No transfer of ownership required,

What he said. They aren't like cars. They aren't in anybody's name. As long as they aren't restricted items like machine guns, short barreled rifles or suppressors. Those are a horse of a different color but it seems you don't have any of those to deal with.

Many (most?) on this forum hold a BoS in dim regard. They are pretty much worthless IMO and not legally required.

If your mother is a Texas resident then the guns are now hers and she can do a private sale face to face without involving an FFL. Can only sell to a Texas resident and you cannot knowingly sell to a prohibited person.

Bears saying but I am not a lawyer. This is not legal advice and is worth what you paid for it.

 

[Dad_Roman]

No transfer of ownership required, as I presume she inherited them from your father.

I agree, however, being as how they are "moms" but you (from OOState) are selling them off (maybe without her being present?) I feel you are really walking the Thin Blue Line. Wouldnt hold up in court.

Not worth it to avoid a 25 dollar FFL fee.

 

[avvidclif]

I guess some folks are just paranoid. A DEALER can't sell to OOS. Show me where that applies to an individual? I thought ATF regulated dealers, not individuals.