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Quick synopsis for buying and selling firearms in TX?

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  • Tex S

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    Apr 6, 2009
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    Fort Worth
    Is there anywhere I can find a quick sysnopsis for buying and selling firearms in Texas? I have used alot of Googlefu, and still have not seen anything that "says it all".

    Can ya'll point me in the right direction?
     

    thorkyl

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    Oct 13, 2008
    697
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    Brazoria County
    No wife/husband beaters
    No Felons
    No Gang Members
    No Drug Addicts
    No Protective Order

    If you can pass the background check on the 4413 your good in Texas

    Long Gun - 18 face to face - 18 from dealer (some dealers policy is 21 for all guns)
    Handgun - 18 Face to Face - 21 from dealer
    Receiver - 18 Face to Face - 21 from dealer since it can be both a handgun and long gun

    Yes you can buy long guns out of state and bring them back as long as other state allows the sale.

    Yes you can order handguns and long guns on-line as long as the transfer goes through a local FFL

    If you have any suspicion the buyer is not eligible to purchase you must not sell to them.

    Did I miss anything?
     

    kingofwylietx

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    DFW area.....Wylie.
    You can also purchase handguns out of state, but must have it shipped to your resident state via an FFL (no cash & carry).

    You should have no reason to suspect the buyer is not a resident of Texas.
     

    thorkyl

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    You can also purchase handguns out of state, but must have it shipped to your resident state via an FFL (no cash & carry).

    You should have no reason to suspect the buyer is not a resident of Texas.


    With all of the people coming in from commiefornia and other broke states, if they have not changed the license plate on the car, I would not sell to them, for that matter I would not buy from them.
     

    txinvestigator

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    Ft Worth, TX
    No wife/husband beaters
    No Felons-correct
    No Gang Members-incorrect
    No Drug Addicts-define addict
    No Protective Order-correct

    If you can pass the background check on the 4413 your good in Texas

    Long Gun - 18 face to face-where is that law? -

    Handgun - 18 Face to Face-where is that law? -
    Receiver - 18 Face to Face --where is that law?

    If you have any suspicion the buyer is not eligible to purchase you must not sell to them.-not quite true in the wording, but the meaning gets ya there.

    responses embedded
     

    txinvestigator

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    You can also purchase handguns out of state, but must have it shipped to your resident state via an FFL (no cash & carry).

    You should have no reason to suspect the buyer is not a resident of Texas.
    Legally the standard is "knowingly". You cannot knowingly sell to a resident of another state.

    Knowingly is a culpable mental state, and is defined. It is a higher standard than "reckless" or "with criminal negligence".

    If the guy has out of states plates, but tells you he is a Texas resident, then it might be reckless to sell to him, but not knowingly.
     

    txinvestigator

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    Most of that is federal, not state.

    Eli

    And????????

    From the ATF FAQ;

    Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?Yes, a person who —
    1. Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
    2. Is a fugitive from justice;
    3. Is an unlawful user of or addicted to any controlled substance;
    4. Has been adjudicated as a mental defective or has been committed to a mental institution;
    5. Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
    6. Has been discharged from the Armed Forces under dishonorable conditions;
    7. Having been a citizen of the United States, has renounced his or her citizenship;
    8. Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
    9. Has been convicted of a misdemeanor crime of domestic violence
    10. Cannot lawfully receive, possess, ship, or transport a firearm.
     

    SiscoKid

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    Jun 28, 2009
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    SE TEXAS
    Personal Observations...

    Have seen the likes of Schumer and Blomberberg rake Gun Show dealers over the coals, saying that anyone above the age of six can walk into a show and buy a gun.

    But I have personally witnessed situations where a guy was looking to buy a gun from a dealer and from his talk and actions, he didn't look right. The dealer flat out told him that he was not selling to him. That's not to say the guy didn't just go over to another table and buy. But I feel most dealers have some, well, integrity as to trying to be legal. They also might be adept at spotting "ringers".

    Myself I have bought guns from "dealers" and when I pulled out my CCW to start the process, he said "it's a personal weapon, no paperwork needed". I ALWAYS still get a name and city, just to keep a record of it. The real honest ones will hand a card. Then I will enter the gun, the name I have, date and location bought into my record book. You are at least partly covering your axx.

    Bottom line, buying or selling, it's a good idea to get as much information as you can. If someone doesn't want to give a name, got to be something bad wrong with the deal.
     

    Texas1911

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    Austin, TX
    responses embedded

    Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
    (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
    (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;


    Texas Penal Code.
     

    Texas1911

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    Myself I have bought guns from "dealers" and when I pulled out my CCW to start the process, he said "it's a personal weapon, no paperwork needed". I ALWAYS still get a name and city, just to keep a record of it. The real honest ones will hand a card. Then I will enter the gun, the name I have, date and location bought into my record book. You are at least partly covering your axx.

    If that gun was on their books as non-personal firearm they are committing a felony. What kind of utter moron would risk their livelihood, hobby, and future to save 5 minutes of paperwork?
     

    thorkyl

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    Brazoria County
    Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
    (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
    (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

    Texas Penal Code.


    Thanks, I was out of contact over Christmas
     

    thorkyl

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    Oct 13, 2008
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    Brazoria County
    No wife/husband beaters
    No Felons-correct
    No Gang Members-incorrect - 46.02 a-1 2c a member of a criminal street gang, as defined by Section 71.01. - my thought on it is that you are aiding in their crime

    No Drug Addicts-define addict - exactly
    No Protective Order-correct

    If you can pass the background check on the 4413 your good in Texas

    Long Gun - 18 face to face-where is that law? - 46.06 a2 Texas Penal Code - They can buy you can not sell, rent lease ...

    Handgun - 18 Face to Face-where is that law? - 46.06 a2 Texas Penal Code - They can buy you can not sell, rent lease ...
    Receiver - 18 Face to Face --where is that law? - 46.06 a2 Texas Penal Code - A receiver that is not specifically for a long gun

    If you have any suspicion the buyer is not eligible to purchase you must not sell to them.-not quite true in the wording, but the meaning gets ya there.

    Kick me in the shin if I am wrong, as I will have deserved it.
     

    txinvestigator

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    Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
    (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
    (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

    (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.


    Texas Penal Code.

    Gotta read it ALL
     
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