Every day, many lawful transfers of firearms take place between unlicensed individuals who reside in the same state. these transfers take place at residences, at gun shows, and through classified and online ads. But these unlicensed sellers, who are not FFLs, may not have the ability to conduct complete background checks on potential buyers. This leaves these private sellers with no way to confirm whether or not the person to whom they are selling the firearm is prohibited from possessing it. Indeed, many of these sellers may not even be aware of all the circumstances that prohibit someone from possessing a firearm. As an FFL we play a key role in safeguarding the public by maintaining accurate records, instituting internal controls, and performing background checks on potential firearms purchasers. These practices help prevent criminals from obtaining firearms and help reduce the possibility that firearms will be used in crimes.
FFL dealers can help you by handling a gun sale between you and the person you want to sell to. FFL dealers follow all the laws they normally follow when selling firearms, like running a NICS background check and keeping records of the sale. Texas residents must be at least 18 years old to purchase rifles, shotguns, and ammunition, and residents must be 21 years old to purchase a handgun.
No, state law does not require private sellers to conduct universal background checks. However, sellers do still have a responsibility to conduct their sale in a legal manner, meaning they can’t sell to those who they know are ineligible. They also can’t sell a defaced firearm (a firearm with the serial number scratched off), or a restricted firearm (explosive weapon, machine gun, etc.).
However here are a list of restrictions regarding the private sale of guns and weapons.
Texas Law Sec. 46.06 states that a person commits an offense if they:
Though Texas law does not require you to keep formal paperwork documenting the change in ownership, we highly recommend that you do. Should the firearm be used in illegal activity, this bill of sale can help to prove that you are no longer the owner of the gun. A bill of sale should include:
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