Page 1 of 1

Private sale of handgun?

Posted: Sun Sep 28, 2008 6:16 pm
by ecd1211
I have a Glock 19 I want to sell, but I'm not sure what kind of paperwork I need to do for the sale. Is just having a homemade receipt with the serial number and names/addresses/signatures for me and the buyer enough to cover any legal technicalities?

Re: Private sale of handgun?

Posted: Sun Sep 28, 2008 6:57 pm
by Pinkycatcher
there are no legal technicalities, I would just suggest getting that info in case there are legal problems, e.g. crime, theft, bad stuff.

Re: Private sale of handgun?

Posted: Sun Sep 28, 2008 8:45 pm
by SCone
You can transfer as long as the person lives in Texas & you do not know of anything that would stop them from owning a gun (felony, drugs, etc). Other than that, there is no legal requirements.

It's good to get a DL number, but that is not required.

Re: Private sale of handgun?

Posted: Sun Sep 28, 2008 8:47 pm
by k6gixx
That's what I did. by the way how much for the GLOCK?

Re: Private sale of handgun?

Posted: Sun Sep 28, 2008 9:09 pm
by ErnieP
I would do the following at a minimum:

1.) Use a Bill of Sale
2.) State Date of Sale
3.) Make, Model, Serial Number
4.) Get a copy of the buyer's driver's license to be able to prove the person I sold it to was in fact that person, and a Texas resident. I would attach the ID to the Bill of Sale.
5.) Get buyer to sign acknowledging receipt of the gun on the date, and at the time stated.
6.) Have the buyer acknowledge in writing that he/she was legally qualified to purchase the gun.
7.) Have an independent witness (neighbor or someone else I knew I could locate in the future if necessary), sign as a witness to the transaction.

Then, I would file the document away for a very, very, very long time in case down the line it fell into the wrong hands, and the last transfer of record was to me. I would only do a private sale with these minimum criteria, because I would never want to have to be placed in the uncomfortable situation of having to answer where I was....two weeks ago Tuesday at whatever time, etcetera, and end up having to hire a lawyer to defend me.

I am not a Texas lawyer, and this is not legal advice, just a statement of what I would do myself. Private sales by their very nature really concern me, and I want to be sure I'm protected.

Re: Private sale of handgun?

Posted: Thu Oct 16, 2008 11:56 am
by YellowTJ
I went and bought a Glock 19 this way from a man in DFW. He asked just what was posted above. He got my DL number and full name and did a little search on his own before we met. When I showed up he said hey... you really like that tent you bought... LOL he'd found a post I made on Amazon about a tent. Anyway I was please to have his info and my info both. He and I both got a copy of both our infos and signatures at the end of the deal he'd made up. I felt good cause I knew who he was and if anything came back I'd know where to go looking for him. Same for him.

Re: Private sale of handgun?

Posted: Thu Oct 16, 2008 12:13 pm
by CompVest
Remember the Glock is not posted for sale in this Forum and is not supposed to be!

Re: Private sale of handgun?

Posted: Thu Oct 16, 2008 2:32 pm
by Rex B
IANAL etc,

There is no requirement for documentation of a firearm sale between individuals within your own state of residence.
The Feds don't require it, the state doesn't require it.
All that is required is that you do not knowingly sell it to someone who does not reside out of state, or who cannot legally own the weapon.
Anything you do in the way of documenting a transaction, or even background checking, would be for your own peace of mind.
Most of the time I just ask to see a Texas drivers license. If they also have a CHL so much the better, end of discussion.

I do make a note of the transaction with the information I have already, usually writing it onto the receipt (if any) from when I bought the gun.
Something like "Bob Sharp, WayCool on TXCHL 972-555-5555, 4/1/08 $425".
I am a little more careful about documenting a sale of a gun on which I have done a 4473, or even if I know the person I bought it from did a 4473.

Most importantly, if you meet someone to exchange a firearm, and you then do not feel comfortable about it for any reason, walk away.

Re: Private sale of handgun?

Posted: Thu Oct 16, 2008 3:03 pm
by anygunanywhere
Rex B wrote:IANAL etc,

There is no requirement for documentation of a firearm sale between individuals within your own state of residence.
The Feds don't require it, the state doesn't require it.
All that is required is that you do not knowingly sell it to someone who does not reside out of state, or who cannot legally own the weapon.
Anything you do in the way of documenting a transaction, or even background checking, would be for your own peace of mind.
Most of the time I just ask to see a Texas drivers license. If they also have a CHL so much the better, end of discussion.

I do make a note of the transaction with the information I have already, usually writing it onto the receipt (if any) from when I bought the gun.
Something like "Bob Sharp, WayCool on TXCHL 972-555-5555, 4/1/08 $425".
I am a little more careful about documenting a sale of a gun on which I have done a 4473, or even if I know the person I bought it from did a 4473.

Most importantly, if you meet someone to exchange a firearm, and you then do not feel comfortable about it for any reason, walk away.
I think the last time I met with an individual for a FTF the other individual was a poster here. We met at the agreed upon location, shook hands, fondled the pistol, I gave him the scratch, we drove off.

I have bought off of SouthEastTexas.com and never asked for ID.

I know, I know, some of us just like to live dangerously.

Anygunanywhere

Re: Private sale of handgun?

Posted: Thu Oct 16, 2008 3:10 pm
by Rex B
anygunanywhere wrote: I think the last time I met with an individual for a FTF the other individual was a poster here. We met at the agreed upon location, shook hands, fondled the pistol, I gave him the scratch, we drove off.
Anygunanywhere
That's a pretty typical transaction for me too.
Met some nice folks, many of them from this board.
Talked about guns for a few minutes or longer, exchanged money and merchandise, shook hands.

Re: Private sale of handgun?

Posted: Thu Oct 16, 2008 4:23 pm
by 4t5
Rex B wrote:
anygunanywhere wrote: ...shook hands, fondled the pistol, I gave him the scratch, we drove off.
... exchanged money and merchandise, shook hands.
Ain't it great to live in a free country*?

*Mostly, for now.

Re: Private sale of handgun?

Posted: Fri Oct 17, 2008 7:18 am
by anygunanywhere
4t5 wrote:
Rex B wrote:
anygunanywhere wrote: ...shook hands, fondled the pistol, I gave him the scratch, we drove off.
... exchanged money and merchandise, shook hands.
Ain't it great to live in a free country*?

*Mostly, for now.
4t5 is the thread post winner.

Anygunanywhere