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Private sale in Texas..

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  • Barnacle Bill

    Member
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    Apr 24, 2018
    78
    11
    Plano
    Sheesh, meet F-F, If buyer, look at gun, If happy show money. Money and gun changes hands. Bye CUL. No Bill of Sale or showing ID BS. If you don't trust buyer why should he trust you? Money is money, a stolen gun being sold is not cool. As seller if you're not happy don't sell. BUT state your terms up front. IE: want BOS, want to see CCL, want to see DL.

    Simple to me. I have green, you have gun. Want to trade, OK.
    Wow Bill Shakespeare couldn't have said it better
     

    Texasgordo

    TGT Addict
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    26   0   0
    May 15, 2008
    63,586
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    Gonzales, Texas
    When I sell a deadly weapon to someone I don't know, I always require fingerprints, photographs, four types of government identifications, blood sample, family background, passport, and above all, the wonderful ................ BILL OF SALE! :green:
    Do you need a stool sample? I have one ready.
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    Sent from my SM-G950U using Tapatalk
     

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    cbp210

    Active Member
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    Nov 7, 2013
    980
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    Humble, TX
    The last few times I only sold personal guns to close friends or trusted coworkers where worrying about felony convictions is not an issue.
     

    Shady

    The One And Only
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    Aug 24, 2013
    4,688
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    You may think that but if I became a felon for some reason I sure would not be telling people I know.


    The last few times I only sold personal guns to close friends or trusted coworkers where worrying about felony convictions is not an issue.
     

    cbp210

    Active Member
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    Nov 7, 2013
    980
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    Humble, TX
    You may think that but if I became a felon for some reason I sure would not be telling people I know.

    In my case not true as every coworker I work with have passed background checks with security clearance they must maintain. Also my close friends work in the same field but different agency.
     

    Nagorg

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    Sep 13, 2018
    59
    11
    Dallas, TX
    I dont think its a terrible idea to have a bill of sale and at least look at ID. Certainly not a requirement but not a bad idea. If the buyer freaked out about it, that could indicate a problem to me. You aren't running a background check, just documenting a transfer of ownership. The same thing I do with vehicle sales.

    But as others have posted, most of my private sales have been between friends or people I at least know and there was no question about the bill of sale. It really seemed expected.

    There was one time a long time ago where I sold a revolver to a stranger at a flea market. Simple exchange of cash and revolver and we both went on...
     

    txinvestigator

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    May 28, 2008
    14,204
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    Ft Worth, TX
    I dont think its a terrible idea to have a bill of sale and at least look at ID. Certainly not a requirement but not a bad idea. If the buyer freaked out about it, that could indicate a problem to me. You aren't running a background check, just documenting a transfer of ownership. The same thing I do with vehicle sales.

    But as others have posted, most of my private sales have been between friends or people I at least know and there was no question about the bill of sale. It really seemed expected.

    There was one time a long time ago where I sold a revolver to a stranger at a flea market. Simple exchange of cash and revolver and we both went on...
    You do it for vehicles because registration is required by law.

    Would you do it for a speargun, hammer or martial arts weapon?
     

    majormadmax

    Úlfhéðnar
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    9   0   0
    Aug 27, 2009
    15,920
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    Helotes!
    I dont think its a terrible idea to have a bill of sale and at least look at ID. Certainly not a requirement but not a bad idea. If the buyer freaked out about it, that could indicate a problem to me. You aren't running a background check, just documenting a transfer of ownership. The same thing I do with vehicle sales.

    But as others have posted, most of my private sales have been between friends or people I at least know and there was no question about the bill of sale. It really seemed expected.

    There was one time a long time ago where I sold a revolver to a stranger at a flea market. Simple exchange of cash and revolver and we both went on...

    I think it is a bad idea to share PII with another individual or organization when it's not necessary...and it's not necessary in this case. Since you feel otherwise, please provide tangible evidence where a bill of sale, or the lack of one, from a personal sale has ever made a legal difference in a gun-related crime.

    Someone "freaking out" about a bill of sale is not necessary an indication of an ineligible person, more likely because they are smart enough to 1) know it's unnecessary and 2) legally pointless.

    I guess I'm lucky in that my friends and people I know know and trust me enough not to ask for a bill of sale!

    Lastly, since you brought up vehicle sales, how liable are you for the actions of a buyer after the transaction has occurred? If they drive the vehicle into a crowd of people, are you somehow accountable? No, and it's the same with a firearm.

    In case you haven't figured it out yet, your argument for a bill of sale is invalid. They are useless and have absolutely no legal value or requirement.
     

    Nagorg

    Member
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    Sep 13, 2018
    59
    11
    Dallas, TX
    Wow.. Such passion! I'm still of the opnion that its not a bad idea and a little CYA can go a long way. It's not like its being filed anywhere except in my own personal records.
     

    Hoji

    Bowling-Pin Commando
    Rating - 100%
    36   0   0
    May 28, 2008
    17,720
    96
    Mustang Ridge
    Wow.. Such passion! I'm still of the opnion that its not a bad idea and a little CYA can go a long way. It's not like its being filed anywhere except in my own personal records.
    Please explain why a BOS will CYA and post an example of where it has done this in the real world( firearm BOS)

    I can most assuredly post an example of where one was used to prosecute someone. ;)
     

    deemus

    my mama says I'm special
    Lifetime Member
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    30   0   0
    Feb 1, 2010
    15,697
    96
    DFW
    When I sell a deadly weapon to someone I don't know, I always require fingerprints, photographs, four types of government identifications, blood sample, family background, passport, and above all, the wonderful ................ BILL OF SALE! :green:

    Dammit Charlie, you know you never sell any guns....

    And I support your position.
     

    DoubleDuty

    TGT Addict
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    2   0   0
    Feb 9, 2019
    3,739
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    DFW
    I was at a Chinese restaurant and this guy and his girlfriend were fretting over having sold a gun to another individual. I asked him if he knew the other was ineligible to own a handgun, he said no i told him don't worry about it.
     

    majormadmax

    Úlfhéðnar
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    9   0   0
    Aug 27, 2009
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    Helotes!
    Please explain why a BOS will CYA and post an example of where it has done this in the real world( firearm BOS)

    I can most assuredly post an example of where one was used to prosecute someone. ;)

    I already asked him for an example and he avoided answering, essentially admitting there wasn't one.

    And if he honestly thinks a BOS will "CYA," he is sadly lacking in understanding the law. It is a worthless piece of paper that has no legal standing in a court of law.

    Honestly, I wish such people would either research the statutes concerning private sales, or admit their opinions are not based on any facts. It would save this urban myth of BOS from continually being debated!
     

    Charlie

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    Mar 19, 2008
    65,572
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    'Top of the hill, Kerr County!
    I always thought that under federal law the seller had to know who they were selling to, i.e. see ID, if they did not "know" the buyer, but no requirement to document. is this incorrect?
    Negative. If you have knowledge that the person is not legally able to buy a firearm, then you would/could be in violation. As in, if he said, ".....I just got out of prison for armed robbery, etc. but would you sell me your gun?". Then you might be in trouble for selling it to him.
     
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