Where to obtain Texas Firearm Bill of Sale

[tXfactor]

Where can I download the official Texas Firearm Bill of Sale? I've Googled and can only find unofficial versions. I want to make sure I do this right. Thanks.

 

[Das Jared]

You don't need one, it won't do you any good, and nobody here will buy anything from you with one.

Sent from my SPH-L720 using Tapatalk 2

 

[Glockster69]

Dup

 

[Glockster69]

I want to make sure I do this right. Thanks.

Wise decision. All you have to do is make or receive payment then move on down the road, easy as that.

 

[majormadmax]

If you want to "do this right," then research the state laws concerning private firearm transactions in Texas. Ensure you know who is legally able to buy one and who isn't. Learn that bills of sale have no legal worth and if anything are discouraged as you will be obtaining another individuals Personally Identifiable Information (PII) which has certain requirements for protection under state and Federal law.

I applaud your desire to complete a sale legally, but believe you might be misguided by some who claim that bills of sale are necessary. That's far from the truth, and in reality can be more harm then good.

Cheers! M2

 

[Renegade]

Where can I download the official Texas Firearm Bill of Sale? I've Googled and can only find unofficial versions. I want to make sure I do this right. Thanks.

Texas does not issue an Official Firearm Bill of Sale.

 

[mitchntx]

A local United Way auction has Smith 910 but requires the winner of auction to sign a BOS. Too bad ...

 

[tx_transplant]

If you want to "do this right," then research the state laws concerning private firearm transactions in Texas. Ensure you know who is legally able to buy one and who isn't. Learn that bills of sale have no legal worth and if anything are discouraged as you will be obtaining another individuals Personally Identifiable Information (PII) which has certain requirements for protection under state and Federal law.

I applaud your desire to complete a sale legally, but believe you might be misguided by some who claim that bills of sale are necessary. That's far from the truth, and in reality can be more harm then good.

Cheers! M2

Perfectly stated....

 

[Shorts]

Where can I download the official Texas Firearm Bill of Sale? I've Googled and can only find unofficial versions. I want to make sure I do this right. Thanks.

There is no "Texas Firearm Bill of Sale" as the state of Texas does not require it.

majormadmax summed it up well.

For reference, here is the statute that addresses your topic: PENAL CODEÂ*Â*CHAPTER 46. WEAPONS



Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:

(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:

(A) the person's release from confinement following conviction of the felony; or​

(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;​

(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or
(6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.

(b) In this section:​

(1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.​

(2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter.​

(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.​

(d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.​

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 324, Sec. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1193, Sec. 22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(f), eff. Sept. 1, 1999.

 

[CitizenSeven]

Doesn't a BOS offer some "proof" of innocence if the gun you're purchasing was used in a crime, as well as establish some amount of definitive ownership chain? That is, you have some evidence that you didn't come into possession of it until the date of the BOS, and thus couldn't have used it in a crime on previous dates. I understand and sympathize with the concern about PII being given to strangers, certainly. I've wondered about that as I've surfed Texas Gun Trader, and pondered making purchases: I would only do FTF and cash for security reasons, but a BOS seems reasonable to me to establish ownership and possession start date. I hadn't really considered PII as an issue, but I suppose any reasonably useful BOS would be a risk.

 

[Shorts]

Doesn't a BOS offer some "proof" of innocence if the gun you're purchasing was used in a crime, as well as establish some amount of definitive ownership chain?

No and no. The conditions that Texas requires for a legal firearms transfer (sold, rented etc) are clearly written in 46.06.

I would only do FTF and cash for security reasons,

My preference as well.

BOS seems reasonable to me to establish ownership and possession start date. I hadn't really considered PII as an issue, but I suppose any reasonably useful BOS would be a risk.

Why is "owner establishment" desirable? Think about that for a little bit. The seller is only required to do exactly as the 46.06 requires - no more, no less. I know what you are going to say already, but that is not the aspect that you should be worried about if you have fulfilled Texas statute 46.06. You are off the hook.

In my words, a BOS tries to establish a private citizen to behave in place of an FFL with a 4473. And I'm certain we all feel the same about states like CA who require their subjects to do ALL transfers through an FFL. Huge no no. We do not and will not make our Texans into psuedo-dealers. It is not legally required. All a seller is required is to not knowingly sell to an ineligible buyer - period. I don't like typing this in plain language because antis often troll for ammo but, Texas leaves it up to us to know who we should or shouldn't sell to. It is a very free and desirable policy.

 

[London]

Doesn't a BOS offer some "proof" of innocence if the gun you're purchasing was used in a crime, as well as establish some amount of definitive ownership chain?

Unless it is notarized it is a waste of time and paper. Cops will need a lot more to nail you for a crime than just the fact a gun you owned was used for it.

 

[Shotgun Jeremy]

If we can keep the answers as clear and friendly as they have been, I vote we tag this thread. Lots of good, basic info.

 

[General Zod]

You can obtain a gen-yoo-wine Texas Panhandle Jackalope from the same place you get the Texas Firearm Bill of Sale, I understand.

 

[CitizenSeven]

The conditions that Texas requires for a legal firearms transfer (sold, rented etc) are clearly written in 46.06.

Yes, I get that. You certainly don't legally need a BOS in Texas to buy/sell/etc firearms. And I certainly understand the resistance to the notion of acting as an FFL with none of the benefits. Hell, the fact that FFLs even need to exist irks me quite a bit, and imo are an infringement of 2a rights, at least their practical exercise: it adds expense to the purchase of a firearm, and without one, makes direct purchases delivered to your door illegal. What I'm concerned about is say the following scenario: you're stopped by the cops for whatever reason while carrying, and they (as they are likely to do) take possession of your gun during the encounter. Let's say further they run the serial number on the gun, and lo and behold it was reported stolen some time before you bought it. Now, you can say that you didn't steal it, that you bought it from someone on the internet, but you have no proof of this. Now, granted, a BOS might not be much proof, but it is certainly more than you just saying it. Enough to justify using one? I don't know, but I think even personally kept written records might be better than just denying stealing it, or committing whatever crimes it might have been used for in the interval before your ownership. Will it keep you from getting arrested? Probably not. Will it keep you from getting prosecuted? Perhaps, but I really can't say.

 

[tx_transplant]

My few FTF transfers were done simply by exchanging money, and verifying that the buyer had a current CHL. Never took any info. That told me that they were highly likely not prohibited persons. Communicating before hand is also a good way to get a "feel" for the other party. I for one will refuse a good deal if a BOS is insisted on. Hell, the VA can't secure PII, why would some stranger I just met be any more vigilant?

 

[Younggun]

Yes, I get that. You certainly don't legally need a BOS in Texas to buy/sell/etc firearms. And I certainly understand the resistance to the notion of acting as an FFL with none of the benefits. Hell, the fact that FFLs even need to exist irks me quite a bit, and imo are an infringement of 2a rights, at least their practical exercise: it adds expense to the purchase of a firearm, and without one, makes direct purchases delivered to your door illegal. What I'm concerned about is say the following scenario: you're stopped by the cops for whatever reason while carrying, and they (as they are likely to do) take possession of your gun during the encounter. Let's say further they run the serial number on the gun, and lo and behold it was reported stolen some time before you bought it. Now, you can say that you didn't steal it, that you bought it from someone on the internet, but you have no proof of this. Now, granted, a BOS might not be much proof, but it is certainly more than you just saying it. Enough to justify using one? I don't know, but I think even personally kept written records might be better than just denying stealing it, or committing whatever crimes it might have been used for in the interval before your ownership. Will it keep you from getting arrested? Probably not. Will it keep you from getting prosecuted? Perhaps, but I really can't say.

First, if police never had the gun they would have no way of knowing if if had ever been used in a crime.

Second, unless it is motorized the BOS is nothing more than your word because legally it has no weight. You could have forge it. So you might as well just give them your word.

Third, THEY are the ones who need proof. Cops deal with people ALOT and they are pretty good at separating BS from the truth. If it was stolen at some point and you say "I bought it from a guy on the Internet around xx/xx/2012" they will take your gun and return it to the owner. The BOS will not change that.

 

[BG1960]

Ask any LEO if they can hang someone for a gun they used to have. Better yet, if they suspected someone would they walk away when shown a piece of paper printed out of a home computer. There is no registration, there is no requirement to prove you sold a weapon. If a BOS was such a great defense, EVERY crook would have one for EVERY gun they have.

We live in Texas, thank God we don't have to jump through hoops to exercise our Constitutional Rights.

 

[London]

Yes, I get that. You certainly don't legally need a BOS in Texas to buy/sell/etc firearms. And I certainly understand the resistance to the notion of acting as an FFL with none of the benefits. Hell, the fact that FFLs even need to exist irks me quite a bit, and imo are an infringement of 2a rights, at least their practical exercise: it adds expense to the purchase of a firearm, and without one, makes direct purchases delivered to your door illegal. What I'm concerned about is say the following scenario: you're stopped by the cops for whatever reason while carrying, and they (as they are likely to do) take possession of your gun during the encounter. Let's say further they run the serial number on the gun, and lo and behold it was reported stolen some time before you bought it. Now, you can say that you didn't steal it, that you bought it from someone on the internet, but you have no proof of this. Now, granted, a BOS might not be much proof, but it is certainly more than you just saying it. Enough to justify using one? I don't know, but I think even personally kept written records might be better than just denying stealing it, or committing whatever crimes it might have been used for in the interval before your ownership. Will it keep you from getting arrested? Probably not. Will it keep you from getting prosecuted? Perhaps, but I really can't say.

A friend of mine got popped for a hot gun. He told the cop he bought it from a guy at a bar. Cop didn't believe him. He got arrested and spent a few months in jail; unable to post bond. Case was dismissed as there was zero evidence he knew it was stolen. So in a word, nothing.

Do you plan on carrying your notarized BOS with you everywhere?

 

[Acera]

If against all advice you feel you must drink the Kool-Aid of a BOS. http://houston.texasguntrader.com/billofsale.pdf


Definitely not advocating you use it (and I will never agree to one personally), but you asked for one and that is a link to one. Do with it what you and the other party wants.................