Private sell of handgun - legalities?

[pfgrone]

Moderator-not sure where to put this topic. Move if you want to.

If I want to sell a handgun locally thru a newspaper ad, can a non-FFL sell to another non-FFL with just an exchange of $ and handgun and avoid the whole mailing hassles and costs?
Is that legal?
If I am allowed to do that, I would want identification and proof of age 21 or over. What else?
I really wouldn't want to sell to a bad guy but how could one prevent that?
Paul G.

[seamusTX]

You can legally sell a handgun to a Texas resident who is 21 or older. There are some obvious things that would make you back out, like the buyer is drunk.

The only way to tell whether the buyer is completely clean is (a) he has a CHL, or (b) run the transfer through an FFL. They charge about $25 for that service.

IANAL, etc.

Personally, I wouldn't put an ad in the paper. I've had too many encounters with weirdos when I advertised cars in the paper. I would post flyers at ranges or go to a gun show.

- Jim

[Charles L. Cotton]

The short answer is "yes," you can sell directly to a non-FFL in Texas, with or without paperwork.

There are exceptions to the general rule. If you buy and sell guns on a regular basis, then you need an FFL. (What is a "regular basis" isn't statutorily defined and usually means what the BATFE says it means, until and unless you get to court.) An individual cannot sell to certain persons such as felons.

Regrettably, I have sold a few guns over the years (I have now reformed my ways and only buy guns ) and I gave a receipt for the purchase to the buyer so he/she could prove they bought the gun and I kept a copy I got the purchaser to sign. This was just my procedure; it's not required by law. I've never sold to a stranger.

Regards,
Chas..

[Crossfire]

The best, safest, easiest way to do this is to take it to a gun store or range that takes consignments. Otherwise, I would only sell to someone I know.

[KBCraig]

You can legally sell a handgun to a Texas resident who is 21 or older.

Actually, it's 18 or older.

Texas doesn't treat handguns differently than long guns. FFLs can't sell handguns to anyone under 21, but private sales are fine to someone 18+.

Kevin

[seamusTX]

Consignment is the easiest way, but be sure you have some kind of written contract.

I heard a story about a guy who left gun on consignment at a gun store. A month or so later he called to see if it had sold, and the store had gone out of business. He said he never got the gun or his money back.

- Jim