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  1. #1
    spacedoggy's Avatar
    spacedoggy is offline Senior Member
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    Selling guns in Texas

    I want to sell my XD compact S&W but can't find the law on selling firearms in Texas. I want to advertise it in the paper but do I have to go to a gun shop to do the background check?

  2. #2
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    For a private sale, you just have to have no reason to believe the buyer cannot legally purchase a handgun. Some sellers ask for a photocopy of a drivers license and some sort of Bill of Sale. It is common, but not required. A background check is NOT required.

    To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
    Are there certain persons who cannot legally receive or possess firearms and/or ammunition? Yes, a person who
    (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
    (2) Is a fugitive from justice;
    (3) Is an unlawful user of or addicted to any controlled substance;
    (4) Has been adjudicated as a mental defective or has been committed to a mental institution;
    (5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
    (6) Has been discharged from the Armed Forces under dishonorable conditions;
    (7) Having been a citizen of the United States, has renounced his or her citizenship;
    (8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
    (9) Has been convicted of a misdemeanor crime of domestic violence
    (10) Cannot lawfully receive, possess, ship, or transport a firearm.
    A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.
    Such person may continue to lawfully possess firearms obtained prior to the indictment or information.
    http://www.atf.gov/firearms/faq/faq2.htm#b1

  3. #3
    spacedoggy's Avatar
    spacedoggy is offline Senior Member
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    Thanks. I went to the ATF site and they say any state and I know you can not sell a pistol unless you sell to a permit holder and fill out a transfer slip and send it to your local pd and state in CT. I wonder if state laws trumps the fed laws? I think I'll put in the ad that a background check is required but I'll just get a copy of their driver license and on the bill of sale have them answer those questions. I want to make sure I sell to a legal person and feel it's my duty to do so as a NRA card holder.

  4. #4
    Nastynewt's Avatar
    Nastynewt is offline Junior Member
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    In Louisiana all you need is a bill of sale with both the seller and buyers names.

  5. #5
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    around here you can find guns on yard sales. Propellerhead is correct. Just make sure the buyer has a texas drivers license. Or if you want to be sure nothing comes back to you in case the gun is used in a crime, do a bill of sale and include the drivers license number & serial number of the gun. I prefer to write up a bill of sale whenever I sell a gun to an individual...it keeps me out of trouble.

  6. #6
    spacedoggy's Avatar
    spacedoggy is offline Senior Member
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    Thanks for the info I fell better about selling it. I have three XD's two which are compacts a 40 and 9. They are the same and since I don't shoot well with the 40 I want to sell it for a P99 A/S compact.
    Thanks again all.

  7. #7
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    Where in TX are you? How much do you want for the XD40SC? I have a CHL so you know I can legally purchase and own a gun in TX.

  8. #8
    spacedoggy's Avatar
    spacedoggy is offline Senior Member
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    PM ya propellerhead

  9. #9
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