TexasCHLforum.com

Hi folks,

I saw a gun in the for sale section that I am interested, but I have never bought from a private party before. Can someone help me understand what is the process and what should I look out for? This will be within Texas.

Also, I understand if I want to buy a gun online, I have to go though a local FFL. But what exactly do I need to work out with the FFL besides paying the transfer fee? What kind of paperwork is involve?

Thanks!

As long as your are legally allowed to own a gun, you can buy from an individual in your State FTF with no paperwork whatsoever.
If the gun is shipped within the State, it MUST go to an FFL who will do the paperwork.

The paperwork is the same as if you bought the gun at a Gun Store (FFL).
And if you do not have a CHL it will also require a call in phone records check by the FFL before he allows you to receive the gun from him.

rl168 wrote:Also, I understand if I want to buy a gun online, I have to go though a local FFL. But what exactly do I need to work out with the FFL besides paying the transfer fee? What kind of paperwork is involve?

On your end, you'll fill out exactly the same paperwork as if you bought it from the FFL.

Another thing...the out of state seller may require your FFL holder to send them a copy of that FFL instead of taking your word that the person being shipped to holds a FFL. Simply tell your FFL holder to send them a copy and all will be good in the FFL world.

AEA wrote:If the gun is shipped within the State, it MUST go to an FFL who will do the paperwork.

Actually the law states that shipments between states must go to an FFL in the receiver's state. It says nothing about within a state, because federal law regulates interstate commerce, not intrastate commerce. But few carriers will ship handguns from a non-FFL to a non-FFL. Long guns are less of a hassle.

I've done two transactions in TX where the seller was in another city and shipped the gun directly to me, rather than going through an FFL. This is perfectly legal if both parties are residents of the state and are otherwise not prohibited from buying, selling or owning firearms. It sure can save on transfer fees.

How does one decide if the person you are selling the gun to is "not otherwise not prohibited from buying, selling or owning firearms"?

In a FTF, that is very easy to do by seeing a CHL or having a "Gut Feeling" and backing that up with information from the buyer's Drivers License.

How can you be reasonably sure in a situation where you have to ship the gun, you have no control over this determination and you have no control over who ACTUALLY receives the gun!

So, you tell me........
If it is legal to do it, then that should be changed. If it is not legal to do it and there is some gray area in the Law it should be corrected.

In good faith with regard to the Law, which would you prefer?

AEA wrote:How does one decide if the person you are selling the gun to is "not otherwise not prohibited from buying, selling or owning firearms"?

The key word is knowingly.

You are not required to perform a background check, nor can you, as a citizen who is not an FFL or LEO.

If the buyer says something like, "I need to buy this because, ya know, I did some time..." then you can't sell to him.

- Jim

Correct......

And I didn't mean that as a stand alone question to be taken from the context of the entire posting.

FTF you can decide for yourself. By shipping directly to a buyer you cannot.

AEA wrote:FTF you can decide for yourself. By shipping directly to a buyer you cannot.

I'm not sure how you determine that a buyer is a prohibited person on sight. Prison tatoos might be a giveaway, but not every felon has them.

Anyway, to be at fault, you must know the buyer is prohibited. You are not required to affirmatively determine that he is qualified.

- Jim

In the one case where I sold a pistol FTF, I had the buyer sign a form that I had printed out which basically just said, "I am not prohibited from purchasing firearms."

Would signing that paper stop a criminal who was buying my gun? Nope... but it should suffice to prove that I didn't knowingly sell it to someone who wasn't allowed to buy one.

This was not required at all... I just did it,

I insist on seeing their CHL. It's not required by law but it makes me feel better about private sales.

boomerang wrote:I insist on seeing their CHL. It's not required by law but it makes me feel better about private sales.

What if they don't have a CHL? Would you not sell to them?

I recently sold four guns FTF. Each time I was cautious, but not paranoid. I selected a place midway between my hometown and theirs. We selected public places (parking lots of banks, malls, etc.) and times where there were people around, but not too busy. We exchanged car descriptions and cell phone numbers.

All but one we met one-on-one. For one the guy had his wife in the car, she seemed like a nice old lady, but I wouldn't be surprised if she wasn't covering me with a .38 snubby.

boomerang wrote:I insist on seeing their CHL. It's not required by law but it makes me feel better about private sales.

That's what I would do too. And I would only do it FTF.

jason wrote:What if they don't have a CHL? Would you not sell to them?

That's correct.