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  • Mike_from_Texas

    Well-Known
    Rating - 100%
    3   0   0
    Feb 10, 2010
    1,482
    96
    North Texas
    Because the law requires it. I can sell you my lawnmower with just cash but not my gun. Are you a law abiding citizen if you don't use reasonable efforts to make sure that you are legally selling a gun? Could you convince a jury if you don't even look at a drivers license and you sell to someone that commits a crime. Good luck with that.
    Let's agree that we don't agree on this. I don't sell guns, ever, but if I did I would probably be a bit more conservative about who I sold to. "They show me the money I show them the gun we both walk away" to me doesn't quite meet the legal requirements of selling a gun in Texas.

    The law is ambiguous for a reason. What does the law define as “reasonably believe”?


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    Charlie

    TGT Addict
    Rating - 100%
    6   0   0
    Mar 19, 2008
    65,575
    96
    'Top of the hill, Kerr County!
    Because the law requires it. I can sell you my lawnmower with just cash but not my gun. Are you a law abiding citizen if you don't use reasonable efforts to make sure that you are legally selling a gun? Could you convince a jury if you don't even look at a drivers license and you sell to someone that commits a crime. Good luck with that.
    Let's agree that we don't agree on this. I don't sell guns, ever, but if I did I would probably be a bit more conservative about who I sold to. "They show me the money I show them the gun we both walk away" to me doesn't quite meet the legal requirements of selling a gun in Texas.
    I respect your right to have your opinion, but I believe you are wrong. A sale may be a touchy thing, it may cause nervousness, but if we're talking only abiding by the law and not requiring any more than the law requires, it's really simple.
     

    SQLGeek

    Muh state lines
    Rating - 100%
    4   0   0
    Sep 22, 2017
    9,591
    96
    Richmond
    nope.png
     

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    Shady

    The One And Only
    Rating - 0%
    0   0   0
    Aug 24, 2013
    4,695
    96
    Ok so what part of money gun walk separate ways does not meet the legal requirements ?

    Now now keep feelings out of it.
    I dont have to convince a jury of anything they have to prove I knew.




    Because the law requires it. I can sell you my lawnmower with just cash but not my gun. Are you a law abiding citizen if you don't use reasonable efforts to make sure that you are legally selling a gun? Could you convince a jury if you don't even look at a drivers license and you sell to someone that commits a crime. Good luck with that.
    Let's agree that we don't agree on this. I don't sell guns, ever, but if I did I would probably be a bit more conservative about who I sold to. "They show me the money I show them the gun we both walk away" to me doesn't quite meet the legal requirements of selling a gun in Texas.
     

    oldag

    TGT Addict
    Rating - 100%
    7   0   0
    Feb 19, 2015
    17,651
    96
    Because the law requires it. I can sell you my lawnmower with just cash but not my gun. Are you a law abiding citizen if you don't use reasonable efforts to make sure that you are legally selling a gun? Could you convince a jury if you don't even look at a drivers license and you sell to someone that commits a crime. Good luck with that.
    Let's agree that we don't agree on this. I don't sell guns, ever, but if I did I would probably be a bit more conservative about who I sold to. "They show me the money I show them the gun we both walk away" to me doesn't quite meet the legal requirements of selling a gun in Texas.
    Care to quote that law?
     

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,787
    96
    Texas
    Because the law requires it. I can sell you my lawnmower with just cash but not my gun.

    Huh?

    Of course you can sell a gun for cash.

    Are you a law abiding citizen if you don't use reasonable efforts to make sure that you are legally selling a gun?

    You are a law abiding citizen if you comply with the law.

    The law is simple, you cannot knowingly sell to a prohibited person. You are not required to do a BG check. So as long as you have no reason person is prohibited, you are GTG. There is no need to check ID, or any of that nonsense.
     

    rotor

    TGT Addict
    Rating - 0%
    0   0   0
    Nov 1, 2015
    4,239
    96
    Texas
    Huh?

    Of course you can sell a gun for cash.



    You are a law abiding citizen if you comply with the law.

    The law is simple, you cannot knowingly sell to a prohibited person. You are not required to do a BG check. So as long as you have no reason person is prohibited, you are GTG. There is no need to check ID, or any of that nonsense.
    "They show me the money I show them the gun we both walk away" does not seem sufficient to me to have complied with the law. You may think it's enough. That's your opinion. We can argue it all day. The original poster can decide for himself how to sell a gun. He can take any opinion that he wants.
     

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,787
    96
    Texas
    Texas 46.13 to start.

    46.13 requires the firearm to be loaded with ammunition. The person has to be 16 or less. It also cannot be secured. It is also require criminal negligence, so 46.13 is a non starter.

    Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this section:

    (1) "Child" means a person younger than 17 years of age.

    (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.

    (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.

    (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
     

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,787
    96
    Texas
    "They show me the money I show them the gun we both walk away" does not seem sufficient to me to have complied with the law. You may think it's enough. That's your opinion. We can argue it all day. The original poster can decide for himself how to sell a gun. He can take any opinion that he wants.

    We have been doing it that way in Texas for hundreds of years. Perhaps you have never read what the law requires.

    eta

    The fact you cite 46.13 as applicable to a sale pretty much shows you are not aware of the relevant laws, no worries, we are here to help.
     

    General Zod

    TGT Addict
    Rating - 0%
    0   0   0
    Sep 29, 2012
    27,288
    96
    Kaufman County
    "They show me the money I show them the gun we both walk away" does not seem sufficient to me to have complied with the law.

    And yet it is. No matter how much you disagree, it's what the law says. As long as you don't "reasonably believe" the buyer to be a prohibited person, you're good to go. Sorry if you really, really want more legal restrictions, we don't have them. Your personal beliefs don't change the legal requirements.
     
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