Selling to someone without a Texas DL

[navyguy]

I've got a guy interested in buying my Sriingfield Loaded 1911. The problem is he does not have a Texas Drivers License. He said that is because he has property in another state and wants to maintain that license, although he's been in Texas for a couple of years and can provide documentation to support that.

Good to sell or no?

 

[txinvestigator]

I've got a guy interested in buying my Sriingfield Loaded 1911. The problem is he does not have a Texas Drivers License. He said that is because he has property in another state and wants to maintain that license, although he's been in Texas for a couple of years and can provide documentation to support that.

Good to sell or no?

Unless you are a licensed dealer you do not need to see his DL or any other document. The law says you cannot knowingly sell to a person who is ineligible.

It does not say you must KNOW the person lives in the same state. Unless you have some reasonable doubt then you are GTG.

 

[majormadmax]

I don't see how he could be a permanent resident here without some form of state ID (no jokes about illegal aliens and the like). It's your call, but personally I wouldn't do it as something such as electric bills wouldn't suffice in my book. If he is a legal resident of another state, then it could violate Federal laws.

If you are really "cynical to the bone," shouldn't this be a good time to exercise that?

 

[DCortez]

I wouldn't. But to be honest, I'd only sell to a TGT regular and a couple of irregulars like Mo or BC.

 

[navyguy]

Unless you are a licensed dealer you do not need to see his DL or any other document. The law says you cannot knowingly sell to a person who is ineligible.

It does not say you must KNOW the person lives in the same state. Unless you have some reasonable doubt then you are GTG.

Yeah, but I do know that because he volunteered that he does not have a Texas DL. So, does that make him "ineligible"?

 

[navyguy]

I don't see how he could be a permanent resident here without some form of state ID (no jokes about illegal aliens and the like). It's your call, but personally I wouldn't do it as something such as electric bills wouldn't suffice in my book. If he is a legal resident of another state, then it could violate Federal laws.

If you are really "cynical to the bone," shouldn't this be a good time to exercise that?

Yep, but my own cynicism wants the full price offer.

 

[txinvestigator]

You do not have to establish that he is a permanent resident, whatever that is.

Why did you ask for a DL? Is he going to meet you FTF?

You; "Hey dude, where do you live?"

Him, "Texas"

Take money, give gun.


Or don't sell it if you don't want to, but there is no need to make this more complicated than it needs to be.

 

[navyguy]

Didn't ask. He volunteered. Said "he wanted to be above board on everything"

 

[armadillo]

Too much to risk. Since he told you - you now know it.

 

[Texas1911]

Too much to risk. Since he told you - you now know it.

Exactly.

If he can provide residency in Texas via bills I'd be happy to sell it to him.

If he just has an out of state license I wouldn't do it.

It's not your prerogative to ensure he has a valid Texas license, but you should cover your ass about him at least living here.

As of the past year, ATF ranks have swelled in Texas, so be careful.

 

[Hawghauler]

If you bought the gun through a dealer it can be traced to you. (Reality and gun registration would be great topic for another thread) If you don't feel comfortable with who you are selling to, trust your instinct and don't sell. I would hate to spend 40 grand in legal fees explaining why I legally sold a gun to a guy. Last bit of Hawg advice. Keep the gun. The only guns deals I ever regretted are those deals when I sold a gun. I think I'd gladly buy them all back today.

 

[navyguy]

Thanks all. I think I'm going to pass, and look for a new buyer. Actually had another guy offer to buy, but he wanted to make two payments and then I would ship the gun to him. I thought the FTF would be much easier. And would have been.

Hawghauler I know what you mean about regretting selling some guns. But the cash from the sale will go towards another I've got my eye on, and although the Springer has been a very good 1911, it's the one left in the safe that is most expendable at this point. The only other gun I have that I would consider selling is the Glock G19, only because it is so easily replaced. But since my wife likes shooting it, it's not going anyplace.

 

[okie556]

Wow! Most folks don't work this hard trying to figure out how not to sell an item!

 

[TexasRedneck]

Well, I can understand the concern....guy volunteers that he's not a resident - IF he's ATF, then they "gotcha". If not, well then, gee - maybe he should just either get Texas ID, or find another way to qualify owning a gun in Texas (like a non-resident CHL).

Just sayin'....

 

[majormadmax]

Just remember the consequences if something does happen, you could get a felony conviction that would effectively end your ability to own firearms!

I may just be over cautious; but there is no way I would sell a firearm to anyone that gives me any impression that they may not be able to legally buy it! And if they're from California, forget about it!

I think you are making a wise decision to pass on this one!

Cheers! M2

 

[TexasRedneck]

Agreed - better safe than sorry!

 

[S&W439]

Hmmmm,m Could be his is ATF

 

[thorkyl]

Here is my bill of sale, this keeps me out of trouble, they dot show me a DL or CHL I don't make the sale.
I use the info to fill in the blanks. I use this for anything I sell.


Bill of Sale

I ____________ with residency of ____________________, TX _________ do here by sell and transfer ownership of

_______________________ with serial number of ____________________ to ___________________(name)

with residency of ____________________, TX ___________ and phone number of ______________________

on this ______ day of ______________ 20_____.

If the above item is a firearm then the buyer does here by hold harmless seller of any liability in any form relating

to the purchase of said firearm. Buyer further states they are eligible to purchase and posses said firearm as

prescribed by State and Federal Laws. Seller is selling the item described above "AS-IS" and buyer agrees to

purchase said item "AS-IS".

The following items are included with said item. (example; owners manual, case, lock, NONE)

___________________________________________

___________________________________________

___________________________________________




___________________________________________ _________________________________________
Sellers Signature Date Buyers Signature Date

 

[majormadmax]

This is the one I use...

Cheers! M2

 

[usaf_vito]

I think that as long as the other state he's a resident of is GTG, you can sell without fear.

For me, as military with PCS orders to TX, I made a couple purchases using mil ID and orders, but when I didn't have my orders and I tried to buy a rifle at Walmart, my CA DL red flagged me.