Private sale as a non-resident of Texas?

[MNgoesSouth]

I am in Texas for school (from Minnesota) and I am still a resident of Minnesota. I know my Minnesota PTC has no validity in Texas as far as purchasing a handgun. I have not taken my CHL course yet, so I'm not sure on the laws of private sales here in Texas. Couldn't find exactly where on this forum I should ask this, and I figured this was as good as any since you guys are gonna know the law pretty well. What I want to do is sell my Hi-Point to help fund my desires for a Beretta PX4 Storm Subcompact. UPGRADE! I would like to get a better price than what Cabelas would give me, so I would like to do it as a private sale. I just want to make sure it is legal for me to do so in the state of Texas. Thanks in advance!

 

[matefrio]

You'll need to do the transfer though an FFL is my understanding.

Firearms - Frequently Asked Questions - Unlicensed Persons | ATF


[h=6]Q: To whom may an unlicensed person transfer firearms under the GCA?[/h]A person may sell a firearm to an unlicensed resident of his State,

[h=6]Q: From whom may an unlicensed person acquire a firearm under the GCA?[/h]A person may only acquire a firearm within the person’s own State,

 

[majormadmax]

Aren't you a Texas resident because you live here? When you say "school," what are you talking about? College? Trade school? Four years? Two weeks? Do you have proof of residency, such as a power or water bill or anything else that shows you actually have a domicile in the state?

The difference is whether you are actually living here or just visiting...

 

[jrbfishn]

Do you have residence in texas?
How long have you been here?
Do you plan on getting a texas drivers license or texas id card or have one already.
If you are going to be here several years are you going to register to vote here?


Sent by a idjit coffeeholic

 

[jrbfishn]

All those are a factor when you are trying to buy a gun in texas to determine residency


Sent by a idjit coffeeholic

 

[jordanmills]

Nope. If you told me that, I wouldn't sell you a gun directly.

Generally, if you have relocated to Texas at least thirty days previously and do not intend to leave except for temporary trips, you are considered a resident regardless of what you can document. Living here to go to school is not residency though (as you seem to well know). There's no reason you can't legitimately reside here while you're going to school here though.

 

[Bithabus]

I am in Texas for school (from Minnesota) and I am still a resident of Minnesota. I know my Minnesota PTC has no validity in Texas as far as purchasing a handgun. I have not taken my CHL course yet, so I'm not sure on the laws of private sales here in Texas. Couldn't find exactly where on this forum I should ask this, and I figured this was as good as any since you guys are gonna know the law pretty well. What I want to do is sell my Hi-Point to help fund my desires for a Beretta PX4 Storm Subcompact. UPGRADE! I would like to get a better price than what Cabelas would give me, so I would like to do it as a private sale. I just want to make sure it is legal for me to do so in the state of Texas. Thanks in advance!

Sounds like you are a resident of both states and can legally purchase

 

[tXfactor]

I would not buy (or sell) from someone without a Texas ID, regardless of how long they've been here. That's just me, though.

 

[Byrd666]

IF you have a valid ID card or D.L. issued by the state of Texas, you are a resident of Texas. Even if that ID or D.L. has an out of state address on it. As long as you show valid resident status to the D.P.S. when obtaining either of those, you are considered a resident. I did just that for quite a few temp. workers, military guys and girls, and students when I worked for the D.P.S.

 

[tXfactor]

Active duty military stationed in Texas are considered Texas residents, FWIW.

 

[TXAZ]

I would not buy (or sell) from someone without a Texas ID, regardless of how long they've been here. That's just me, though.

Considering the current administrations inconsistent practices regarding lawful gun owners, tXfactor's sage advice should be strongly considered.

 

[eric556]

What about new residents that have only a temporary Texas DL because the permanent one is coming in the mail. Is that considered okay?

 

[majormadmax]

What about new residents that have only a temporary Texas DL because the permanent one is coming in the mail. Is that considered okay?

A TX DL is a TX DL...

As a matter of fact, I was newly-retired from the military and still had my FL DL when I picked up my Springfield XD at Sportsman's Warehouse when it was still open in SA. They couldn't sell it to me, so I had to run to the DMV to get a TX DL to buy it. Back then there wasn't even a picture on the temporary paper licenses they issued, but it was sufficient to prove residency and purchase the firearm!

 

[majormadmax]

Considering the current administrations inconsistent practices regarding lawful gun owners, tXfactor's sage advice should be strongly considered.

A private sale in Texas is clearly allowed between residents, and there is no requirement for the buyer to produce a TX ID.

Much like a bill of sale, there is no legal basis for such a requirement.

 

[Catorce]

I was worried about this too. I have an AZ DL and my truck is AZ registered. I like my AZ papers, easy to deal with; cheap.

Being a student as the OP I was unsure how to proceed so went to a local gun shop and asked. They said they can sell to me with a TX ID and the temporary I walk out with is fine.

Cost me $16, took 30 minutes. I needed, birth cert., SS card, TX lease, utility bill and immunization records or some combo. Maybe other items would have worked. I brought EVERYTHING and let them sort through and take what they needed.

Not sure how residency works. Since I move a lot for school/work I have a AZ DL with AZ address (PO Box I don't even have any more!) AZ truck reg. with CA address sent to moms house in CA and now TX ID!

Kinda getting used to Texas….I like it here! But we'll see what job brings. I could easily end up with no permanent residency with my type of work-geologist.

A real "drifter".

14

 

[matefrio]

As a seller don't ask to see a DL or TX ID.

Simply ask if they are a Texas resident and over 18. They give me a verbal yes, and I don't feel like they're lying nor have I observed any red flags then I proceed.

The more you complicate things in a FTF transaction the more things can go wrong or be used against you.

 

[AustinN4]

Active duty military stationed in Texas are considered Texas residents, FWIW.

Firearms - Frequently Asked Questions - Unlicensed Persons | ATF
Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]"