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Firearm transfer within texas.

eauctionworx
Hello everyone.

I am and unlicensed seller running a few auctions. The question has come up as to whether I can sell to another unlicensed buyer within the State of Texas without first selling to an licensed FFL. In other words...if the local Texan wins my auction and wants to pickup the firearm...can I release the gun to him with a Texas DL copy and Bill of Sale?

I have sold many guns on GunBroker but have not used the service in more than five eyars. I seem to remember you used to be able to sell locally without a licensed FFL but I want to make sure.

Thanks for the help.

eAuctoionWorx
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Comments

10 comments

Date Votes
  • eauctionworx
    I have read just about everything there is to read on this subject and the answer still seems vague and mostly non-existent. If I am posting in the worng place -- please let me know and thanks in advance.
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  • nmyers
    I see 2 issues here.

    First, you have said that you sold "many" guns on GB. You need to be sure that your business does not require a Federal Firearms License; ATF P5300.4 (Federal Firearms Regulations Reference Guide) page 134, which is downloadable from the ATF website, should help you determine what types of auctions require one.

    Second, firearms laws in the Texas Code can be found in ATF P5300.5, State Laws and Published Ordinances-Firearms. I can find nothing that prohibits a nonlicensed TX resident from transferring a gun to another unlicensed TX resident. HOWEVER, I wouldn't do it; you have no way of verifying a DL, you have no way of knowing if the buyer is really a felon or mental case, & the small additional fee involved will be paid by the buyer.

    Neal
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  • magicmanml2
    x2 on nmyers
    There are no laws in texas to prohibit such a sell as long as the can legally own a gun. However, if u dont know the person you are taking a risk.
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  • eauctionworx
    Thanks for the answers and quick responses. I will take each of your advice and only ship the gun to an FFL after received signed paperwork.
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  • curlybill
    texans do face to face transfers at gun shows all the time..venders dont even ask for drivers license in most cases,just cash..guys go there and walk the isles and sell there their personal guns..all the shows that i have gone to say private sales are allowed...go figure..better e mail or call texas dps just to be sure its legal for your question.
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  • nmyers
    Yes, they do. Some of it's legal, some not.

    But, remember October 16, 1991? Killeen, Texas? Luby's Cafeteria? 24 people dead? Hennard's Glock & Ruger purchase was perfectly legal. But, suppose you had been the one who sold them to him? How would you like to live with that knowledge for the rest of your life?

    Neal
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  • eauctionworx
    CurlyBill...your point, regarding selling at gun shows or through the newspaper, is exactly why I was asking the question. I have bought/sold many guns at gun shows or through the newspaper and am positive I was NOT breaking the law. However, I have not bought/sold anything at a gun show or in the newspaper for about 10 years. This said, I have sold about 10 guns through Gunbroker in the last 10 years and wondered if I could still transfer a firearm, to a resident Texan, even if I sold the firearm through Gunbroker. I have alwasy gotten a photocopy of the buyers ID regardless of selling method. Not that a DL is proof they are not felon's but for basic information if a problem were ever to occur. Also, is it still legal to buy/sell at gun shows and through the newspaper without an FFL - as everyone used to do? I really want some written proof as to legality in Texas/US but I also like to hear opinions. Until I see the law in writing I will contiue to buy/sell through a local dealer (FFL) or through Gunbroker through an FFL. Thanks again, in advance, for everyone's help.
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  • 11b6r
    You will NOT find a law telling you what you CAN do. Laws tell you what you CANNOT do.
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  • Texas Bear
    Within Texas you can buy/sell a gun face to face, i.e. person to person, without going through a FFL. I always get and give Name, address and DL# for my records, although it is not required. If the rifle is an antique, i.e. made before Jan. 1, 1899, then you can mail the rifle to most states without going through an FFL. (California and a few other places have special requirements for a gun to be shipped/mailed into the state, always let an FFL take care of these.) If you have a C&R, you can normally receive any rifle that is over 50 years old, even across state lines, and from a non-FFL. Now, the problem comes up when you mail or ship from one state to another. The US Post Office has their own rules, as well an the ATF rules. Look then up on the USPS web. The postal clerks usually do not know or understand their rules. UPS usually knows their rules better. You cannot mail hand guns through the USPS. Rifles going across state lines normally must go to an FFL. Some receiving FFL's require that it come from an FFL, this is not required by the ATF or USPS. Within Texas I will have to look up whether an individual can mail to another individual, non-FFL's, directly. As I recall, you can. If I can find my records I will post some web sites with this information. It ain't simple. If you are in Texas and the buyer is in Texas and wants to pick it up in person, that is fine. I have had a one individual come from out of state and pick up a rifle, which is fine. [?]
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  • eauctionworx
    TexasBear...thanks for the detailed response. Are you a lawman in Texas? Just asking because of your username.

    Interestingly, I have shpped and received firearms to/from Wilson Combat and never needed an FFL to recieve the firearms. I have shipped/received both handguns and long guns to/from WC. From what I understand, per WC, an FFL does not need to receive the firearm when it is shipped/received by a repair center and returned to it's proper owner via acceptable shipping methods.

    ANother question I have is...can my own father in Savannah, GA return firearms to me in Austin, TX? I own the firearms in the State of Texas. Just a thought and question before I had him ship me the guns.

    Thanks again to everyone.
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