selling a handgun? (secondary sale)

Midget

Midget

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i'm thinking about selling off a few handguns from my stable... is this legal in texas? do i need to pick up paperwork, or register this transaction with the texas department of safety? ideally, i'd sell within the state (not via mail/ffl dealer). i'm looking to protect myself, because doesn't someone have a database of serial numbers and owners? i know when i lived in michigan, i had to register my weapons/serial numbers with the police...

i've been searching around the net, including the texas department of state website, but haven't found anything conclusive...

any help?
 
I've sold a few at gun shows (not as a dealer); all I asked for was their name, drivers license number, and address. I had them sign it (with the serial number) and that they purchased it from me. I believe you don't even really have to do that, but that's to save my own butt just in case it was used in a crime down the road. I want to have proof that I sold the gun. I think it's perfectly legal ;just make sure they are old enough. If you are worried just sell it to a dealer. You'll get less for the gun, but you don't have to worry about anything then.
 
Let’s see if we can find the right forum …
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You should always prepare two simple statements. You sign the first and give it to the buyer. The buyer signs the second and you keep it.

First statement:

In exchange for $<amount> received this <date>, I, <your name> of <city and state>, do hereby transfer and sell my <make and model> handgun serial number <serial #> to <buyer's name> of <city and state>. I warrant that this gun is my lawful private property.


___signed___




Second statement:

In exchange for $<amount> paid this <date>, I, <buyer's name> of <city and state>, am hereby purchasing <make and model> handgun serial number <serial #> from <your name> of <city and state>. I am taking physical possession of this gun immediately.


___signed___




This protects you because if the police find the gun tomorrow at a crime scene, you have evidence that you sold the gun and did not have possession of it. It protects the buyer because if the police find the gun on him tomorrow and run the serial number and discover that it was reported stolen a month ago, he has evidence that he bought it in a good-faith purchase yesterday.

It's also a good idea to check the buyer's driver's license and note 1) his full name, 2) his birthdate, 3) license number, 4) expiration date. This shows that you made a diligent effort the ascertain the buyer's identity and not to sell to a minor.
 
thanks for the advice everyone.

you all, as always, are a consistant and judicious wealth of knowledge.
 
To correct Gollnick (only slightly), you can't sell ANY gun to a minor (under 18), but you can't sell a handgun to anyone under 21. Other than that, all of the above is excellent advice.
 
Samael said:
To correct Gollnick (only slightly), you can't sell ANY gun to a minor (under 18), but you can't sell a handgun to anyone under 21. Other than that, all of the above is excellent advice.
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Actually, that's not entirely true. In a number of states, it is legal to sell and individual who is 18+ a handgun, provided the seller is not a FFL dealer.
 
If you want to be extremely cautious about who you are thinking of selling a gun to, ask to see their concealed weapon license. Only those with a clean record will be carrying one of those. I would at least ask to see a local drivers license to verify their age if nothing else. What you choose to keep on file is between the two of you. I don't bother, nor do most I've dealt with.
 
mp510 said:
Actually, that's not entirely true. In a number of states, it is legal to sell and individual who is 18+ a handgun, provided the seller is not a FFL dealer.
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Well, what do you know, I learned something today. Thought this was barred by federal statute, but you're right, 18 U.S.C. 922(x)(1) provides an exemption (to 18 years of age) for private sales.
 
Gollnick gave some good advice to which I'll add: if you have access to a copier, make a photo copy of the picture ID. Not only does this provide proof your checking for age it also provides a photo of the purchaser.
 
M. McCord said:
Gollnick gave some good advice to which I'll add: if you have access to a copier, make a photo copy of the picture ID. Not only does this provide proof your checking for age it also provides a photo of the purchaser.
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Even a digital camera can be useful for this. It will also help you prove that you believed your were both residents of the same state if that comes up. There's somebody up in OR or WA that just got convicted after an ATF sting on his classifide ad- they sent an agent who was a resident of another state to make the purchase, and now, there's an unknowing soul looking at a long vacation with bubba at club fed.
 
Samael said:
Absolutely not. you can't even sell to someone who's a resident of a different state in your own state.
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whoa, thanks for the heads up. you potentially saved me from a world of trouble...


so what's the deal with shipping to FFL's and stuff? i always hear/read about people selling interstate and shipping from local FFL to local FFL?
 
Well, yeah, you hear about it because that's the only way it's legal to transfer a gun across state lines. (There are certain exemptions for things like shipping to/from the manufacturer, a gunsmith, etc., but that's not an issue in your case.)

The federal statute I cited earlier concerns transfers of firearms; if you're going to be doing this, I strongly suggest that you take the time to read through it and familiarize yourself with it. Just start at the beginning of section 922 and keep reading.
 
I am not sure that it is illegal to sell to some one from another state. The law in Washington simply says that it is illegal to sell to someone you know is a felon, or cannot legally possess the firearm. So for example, I can sell my AR-15 pistol to some one from Idaho, or from Utah, or from Montana, where it is legal for them to possess it, but I can't sell it to some one I know is from California, where the gun is not legal to own. I recently went to a gun store in Utah. My Uncle was from Nevada. The Ar-15 prices were significantly higher down there, and they sold him the AR-15 in Utah, no problem, but told him they would not have been able to do the same with a pistol.
 
I am not sure that it is illegal to sell to some one from another state. The law in Washington simply says that it is illegal to sell to someone you know is a felon, or cannot legally possess the firearm. So for example, I can sell my AR-15 pistol to some one from Idaho, or from Utah, or from Montana, where it is legal for them to possess it, but I can't sell it to some one I know is from California, where the gun is not legal to own. I recently went to a gun store in Utah. My Uncle was from Nevada. The Ar-15 prices were significantly higher down there, and they sold him the AR-15 in Utah, no problem, but told him they would not have been able to do the same with a pistol.
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The state law might not forbid that, but the federal law does. Remember, the Constitution gives the federal government teh ability to regulate interstate commerce. Federal law says that as a private individual, you can only make a private sale to a resident of your state of reisdence, in your state of residence, OR a federally licensed dealer.
 
To be engaged in the interstate commerce of firearms, you have to have a federal license.
 
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