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Educate me on buying a gun in Texas

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  • kapache

    New Member
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    Jan 20, 2016
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    Hi,

    I am a new resident of Texas. I come from California where gun registration under go a process of DROS, background check, and a ten day waiting period. I read this article its straight forward and very helpful, http://www.texasguntalk.com/forums/...e-sales-face-face-transfer-other-options.html. I am trying to buy a gun from Texas Gun trade, but so far I had nothing but negative responses from sellers. It seems that because I have a temp drivers license some sellers assume I am not a resident of the State although I have proofs of car registration, utility bill and home ownership. Anyways, I am in the talks with a seller on a nice m&P9, he asked to meet on a FFL near us. My question is, will I have to pay taxes, registration, and Dros the pistol on a FFL dealer even if its private party?


    Please excuse my ignorance, I am trying to learn the Texas way on buying and selling guns.



    Thanks.
    Gun Zone Deals
     

    oohrah

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    Jul 24, 2013
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    There is no gun registration in Texas. If you are making a private sale, from one resident of the state to another, there is no background check or taxes. Most private sellers at least like to see proof of residency, and some like to see a CHL/LTC, and some want to do a Bill of Sale, but there is no requirement for them to verify that.

    If you are trying to make an interstate transfer of any kind, you will need to go through an FFL, who will have to do a 4473. But, you will not have to register.

    Welcome to Texas! Isn't this the nice way to do it.
     
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    Bozz10mm

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    There are no taxes, registration, or Dros on the private sale of a firearm within the state. There is no Dros in Texas. There is no registration in Texas. You do not have to go through an FFL with a private sale, but the seller may insist on doing so. Most FFLs charge a fee of $25-$50, so be prepared for that if you go through an FFL, but probably no tax..
     
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    Byrd666

    Flyin' 'round in circles........somewhere
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    If you by a product (gun) directly from a dealer (FFL), you will need to fill out the 4473, show proper ID, undergo the standard NICS background check, pay for your item, normally including the standard sales tax for that area, and walk out with it.

    Some dealers and individuals don't accept a paper ID because it is just that. I've not had a problem using one myself to make a gun purchase and have done so.

    If you pass the background check, you may walk out with your purchase that day. No waiting period in Texas. Nor registration. Nor extra BS taxes and fees.
     

    kapache

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    There are no taxes, registration, or Dros on the private sale of a firearm within the state. There is no Dros in Texas. There is no registration in Texas. You do not have to go through an FFL with a private sale, but the seller may insist on doing so. Most FFLs charge a fee of $25-$50, so be prepared for that if you go through an FFL, but probably no tax..

    Thanks, so if they insist should I ask them to pay for the FFL transfer charges since its optional?
     

    TX69

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    Easy steps.

    1. Take CHL class, take test, get CHL.
    2. Go to Gun store, buy gun, walk out.
    3. Profit ????
     

    kapache

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    Easy steps.

    1. Take CHL class, take test, get CHL.
    2. Go to Gun store, buy gun, walk out.
    3. Profit ????



    Yes these will be next once I get my hard copy license, and buy a decent pistol I can use for concealment.
     

    kapache

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    Thanks, seller I am talking with right now offer to pay for the FFL, so seems that is a go unless anything changes.
     

    sammeow

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    FYI, you do not have to qualify for you LTC with your carry firearm. Known folks to do it with a full size while gonna carry a subcompact. Min caliber to qualify is .32 .
     

    Renegade

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    Mar 5, 2008
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    My question is, will I have to pay taxes, registration, and Dros the pistol on a FFL dealer even if its private party?

    No, xfers are tax-exempt. Does your Temp/DL have your photo on it? If not, FFL will need some type of Govt issue photo ID.
     

    Savage20

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    Once you get your plastic ID, gun sales will be a lot easier. You can buy/sell in a parking lot with any Texas resident that is not a felon or a gangmember, or otherwise prohibited to own a gun. It's no different than buying a toaster or bicycle off Craigslist.

    Some people will insist on meeting at an FFL to do a NICS check. I've never obliged them. There are too many guns for sale in Texas for me to put up with that nonsense. What are the circumstance that lead to the other sellers refusing to sell to you? Are you telling them you recently moved from Cali and that you only have a temp ID? When I sell a gun, I just make sure to get them on the phone so I know they're not a thug, and when I meet them I make sure their vehicle has Texas plates. Sometimes I will straight up ask "you're a Texas resident that can own a gun, right?" and if they say yes, then I've done my due diligence.
     

    Mreed911

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    Thanks, seller I am talking with right now offer to pay for the FFL, so seems that is a go unless anything changes.

    It's completely unnecessary but otherwise harmless.

    Basic steps to buy a gun in Texas, third party? Agree on a deal, buy gun. It's up to buyer to know they're legal, and seller to "not know" the buyer is illegal. It's best practice as a seller, however to ask, and some will even ask to see/require seeing a Texas CHL just to be safe. It's not required, though.

    From an FFL? Be able to prove residence with a photo ID. Pass NICS.
     

    Renegade

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    It's up to buyer to know they're legal, and seller to "not know" the buyer is illegal.

    It is generally impossible for anyone to know if someone is legal. They just cannot sell if they have reason to believe it is illegal. Thus the logical solution is to ask as few questions as possible.

    I have done dozens of deals over the years, never once showed ID or asked for it.
     
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    Mreed911

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    It is generally impossible for anyone to know if someone is legal. They just cannot sell if they have reason to believe it is illegal. Thus the logical solution is to ask as few questions as possible.

    I have done dozens of deals over the years, never once showed ID or asked for it.

    Sorry, pronoun disfunction. They seller must know it's legal for them to sell (which is almost always), e.g. they're not selling an NFA item person-to-person, they're not traveling out of state to finalize the deal, they're not selling to someone not old enough to own the weapon (e.g. transferring to a minor), etc.

    They seller is only liable for the buyer's status if the seller actually knows the buyer is disallowed, e.g. a family violence conviction, felony conviction, not a Texas resident, etc. There's no requirement the seller KNOW, only that they NOT KNOW the buyer is illegal.
     

    motorcarman

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    If you can own a firearm in California, then I would sell you one in Texas.

    You might try the local classifieds.....

    http://fort-worth.texasguntrader.com/

    If you need NEW then the FFL route is for you.
    If used, then "the world (TEXAS) is your oyster".

    "the world is your oyster"

    DEFINITION


    • you are in a position to take the opportunities that life has to offer.


      bob
     

    kapache

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    Jan 20, 2016
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    Thanks guys for the feedback, I finally found someone willing to allow me to buy what I want. Seller asked me to meet him at a FFL near us, and offer to pay for the background check, so less than 20min I had my brand new two.


    I think Ill get me a carrying permit to buy with more ease, or wait for the physical license to arrive before attempting to get another toy. The temp driver license give sellers a red flag, and to be honest its too much the trouble.
     
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