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Question about selling some guns at the saxet gun show

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  • country_boy

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    I haven't sold a gun to an individual before and I need to know the legal/safe way to sell. I'm thinking get a copy of the Tx drivers licease # and or if they have a chl???

    I'll be at the saxet this weekend selling some guns, gear, and parts etc.
    Of course if a ffl offers me enough I'll sell to them. Thanks in advance.
    Texas SOT
     

    TexasBrandon

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    A bill of sale and you viewing their driver's license should do the job. Make sure your bill of sale includes things like their name, serial number of the weapon, their address, etc.
     

    majormadmax

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    You don't need any of that. Unless you suspect they are not eligible (i.e. not a resident of the state of Texas, a convicted felon, etc), there are no requirements under Texas law to show ID or for a receipt. All you have to do is "reasonably assume that the purchaser is a Texas resident and legally able to own and possess the firearm."

    That said, I always show a seller my TX DL or CHL, but I don't let them copy down the information. It is not necessary and usually they already have some contact info (email, cell phone) for me if they need to get a hold of me. If a seller can't accept that, then there's no deal.

    There is a good primer on private gun sales in the 'How To' section of this forum:

    http://www.texasguntalk.com/forums/...e-sales-face-face-transfer-other-options.html

    It is where I stole the above quote.

    So, all that aside, whatcha selling?!?

    Cheers! M2
     

    matefrio

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    Any records you have can and WILL be used AGAINST you in the court of law.

    You're not doing yourself any favors by keeping records.



    This is what I do:
    Verbally ask the following.

    Are you a resident of Texas?
    Yes - Passed
    Any answer negative, intentionally vague or excuses - Sale Denied

    Can you legally own this firearm?
    Yes - Passed
    Any answer negative, intentionally vague or excuses - Sale Denied

    Then I ask myself:

    Do I know or have reasonable cause to believe this person is prohibited from receiving or possessing firearms under Federal law?

    Yes - Denied
    No - Passed


    As soon as they have "passed" all of the above, I have no legal obligation to deny the sale of the firearm.

    If they answer one of the Denied above then I am legally obliged not to sell them the firearm.

    I only do one extra and optional thing. I make sure I understand the person who is buying the gun is the one taking possession of the firearm.

    For personal reasons I will deny a sale when I observe an unknown third party handing the cash over to the buyer for the purchase of the gun.

    At a gun show LEOs and anti gunners are looking for:
    • Someone willingly and knowingly to sell a gun to a felon
    • Someone willingly and knowingly to sell a gun to an out of state resident
    • People who are "in the business" of selling guns without an FFL.
    • Illegal or unlicensed firearms and devices.
     

    country_boy

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    I have a Taurus pt101p that is in excellent condition Only put 100 rounds through it. I'm selling it because I'm not a fan of the Beretta frame etc. My ffl said I can get 450 for it. He would buy it from me for 375 because he's in the process of moving. Thanks for the help.
     

    shortround

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    Just me, but I will not sell a firearm to anyone I don't know, unless he is a FFL.

    It keeps things simple.

    Joe Schmoe might not be the fellow you want to have come back at you.

    Be well.
     

    Outbreak

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    I sold a pistol to a member here. Not a gun show, but we agreed on a price and a location to meet. He asked about a bill of sale and I told him I didn't need to do paperwork. We met at the agreed-upon location. I told him all I needed was a peek at his ID to prove he was a TX resident (handgun sale), the cash, and a handshake. I gave him the gun, he gave me the money, we shook hands, and drove away.
     

    majormadmax

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    Just me, but I will not sell a firearm to anyone I don't know, unless he is a FFL.

    It keeps things simple.

    Joe Schmoe might not be the fellow you want to have come back at you.

    Be well.

    But that is your choice and your right. Texas law doesn't require anything outside of what has already been mentioned. What additional parameters sellers want to apply are up to them, but I would advise making that known up front as if it is sprung upon the buyer at the last minute he/she could be easily and understandably upset...
     

    Mikewood

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    The last thing I want is a bill of sale.
    One it can't help you, its not required and most important I don't want a stranger knowing my address and that there are guns there.

    Some folks might say dont sell to anyone that might be suspicious but you just don't know where that paper will end up. It might get passed along with the gun to the third owner or found by someone unscrupulous.

    I just take or give the man the money, pass over the gun and shake his hand. Nothing more is required under the law.
     

    shortround

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    But that is your choice and your right. Texas law doesn't require anything outside of what has already been mentioned. What additional parameters sellers want to apply are up to them, but I would advise making that known up front as if it is sprung upon the buyer at the last minute he/she could be easily and understandably upset...

    P.l.e.a.s.e. Re-read my post, v.e.r.y. s-l-o-w-l-y.

    Context: Selling a gun at the SAXET Gun Show.

    I do not sell to strangers at a Gun Show, no matter if they have Federal Credentials, a TXDL, or a high holy halo wrapped about their head.

    If I take a gun to the show it is for trade only with an FFL.

    I have sold a few guns to friends, and gifted a M1911 to a member of the 75th Ranger Regiment; none of that happened at a gun show.

    Personally, I have no problem with face-to-face sales.

    But I will not nilly-willy sell a gun to someone unknown to me, given the high level of identity fraud extant in the Great State of Texas.

    Be well.
     

    matefrio

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    P.l.e.a.s.e. Re-read my post, v.e.r.y. s-l-o-w-l-y.

    Context: Selling a gun at the SAXET Gun Show.

    I do not sell to strangers at a Gun Show, no matter if they have Federal Credentials, a TXDL, or a high holy halo wrapped about their head.

    If I take a gun to the show it is for trade only with an FFL.

    I have sold a few guns to friends, and gifted a M1911 to a member of the 75th Ranger Regiment; none of that happened at a gun show.

    Personally, I have no problem with face-to-face sales.

    But I will not nilly-willy sell a gun to someone unknown to me, given the high level of identity fraud extant in the Great State of Texas.

    Be well.

    Your choice and not very sound advise in my opinion.

    Sent from my Liberty using Tapatalk
     

    majormadmax

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    P.l.e.a.s.e. Re-read my post, v.e.r.y. s-l-o-w-l-y.

    Context: Selling a gun at the SAXET Gun Show.

    I do not sell to strangers at a Gun Show, no matter if they have Federal Credentials, a TXDL, or a high holy halo wrapped about their head.

    If I take a gun to the show it is for trade only with an FFL.

    I have sold a few guns to friends, and gifted a M1911 to a member of the 75th Ranger Regiment; none of that happened at a gun show.

    Personally, I have no problem with face-to-face sales.

    But I will not nilly-willy sell a gun to someone unknown to me, given the high level of identity fraud extant in the Great State of Texas.

    Be well.

    I did read your post, and I didn't have to do it slowly to understand that while you may choose to sell a weapon that way, it is not required under Texas law!

    Honestly, given your criteria, you must have a very limited customer base; but if that is fine with you than that's all that matters.

    I wanted to ensure that country_boy is aware of the legal method to do a private sale at a gun show, which is what I proscribed. It is what he asked for ("legal/safe"), and as long as it is done in accordance with the law, it is both!
     
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    I had the same question and doubt so I called my local gun dealer and asked them the said them same just bill of sale and assume they are legal and have a current ID
     
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    I had the same question and doubt so I called my local gun dealer and asked them the said them same just bill of sale and assume they are legal and have a current ID
    Bill of sale can do no good and can harm. See above. The idea that bills of sale are acceptable needs to die!
     

    majormadmax

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    I had the same question and doubt so I called my local gun dealer and asked them the said them same just bill of sale and assume they are legal and have a current ID

    For a local gun dealer--who is an FFL--they have to do paperwork. For private sales none is required by either state or Federal law. Technically, you don't have to ask for ID either, although I don't mind showing my TX DL or CHL just to assure the seller I am a resident. However, I will not let them copy down the information. They have contact info for me, usually my email or cell phone, and that is all they need. For all the firearms purchases I have made through private sales, never has this been an issue.

    While some may prefer to do bills of sale and such, the bottom line is that none of it is required under the law. Now, if there is any reason to suspect the individual might not be legally qualified to purchase the firearm, then I might be tempted to ask to see some ID; and as with any transaction if you don't feel comfortable making the sale you always have the right not to. But if all is to your satisfaction, and the buyer gives you no reason to believe he is not legitimately able to own the weapon, then about all you need to do is exchange the firearm for the payment! After that point, the weapon is no longer your responsibility; so even if the buyer walked into a convenience store and robbed it immediately after buying it, you are not liable for his actions or the fact that he used your former firearm!

    Cheers! M2
     

    TexasRedneck

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    I had the same question and doubt so I called my local gun dealer and asked them the said them same just bill of sale and assume they are legal and have a current ID

    Your dealer is an idiot or jerk - take your pick. There is NO - NONE - ZERO - need/requirement/usefulness for a BOS, except to make the seller think he's somehow "covered himself".

    Sorry - but I'm SO damned tired of hearing folks "demand" that a BOS be used......
     

    smtimelevi

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    Amen. The I have to use a bill of sale to cover my back side from the ATF is giving in. In my opinion its that attitude that will lead us to registration and paying the state for "protecting us from felons buying firearms through the gunshow loophole". If the guy seems shady say no.
     
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