Shipping fire arms in texas

[Charlie]

Oh yeah! Sorry, I forgot, BOS fixes everything!

 

[TexasRedneck]

But he got a BILL OF SALE! That is all you need to protect yourself.

And be sure to show the ATF ALL you BOS's when they come to investigate you for being an unregistered dealer.......

 

[Renegade]

And be sure to show the ATF ALL you BOS's when they come to investigate you for being an unregistered dealer.......

Yep. FBI Agent John Shipley sure did. He had nothing to hide and his BOS protected him. Oops, not quite!

 

[TexasRedneck]

Yep. FBI Agent John Shipley sure did. He had nothing to hide and his BOS protected him. Oops, not quite!

You KNOW you can't be right - ALL the smart guys say you HAVE to have a BOS - it protects you! Obviously, you don't have a clue....oh, wait - he DID go to prison for that, didn't he?

Carry on......

 

[majormadmax]

As a seller you have a duty to make sure the buyer in a private transaction is legally allowed to own a gun. At a minimum you should check the buyer's DL to make sure they are a state resident. I prefer to only sell to CHL/LTC holders for an extra level of safety. Hopefully we agree on this.

So how do you do this in a shipping situation? How can you be sure the DL or LTC the buyer sends you is theirs? Yes the likelihood of a problem is slim, but there is a risk that may not be acceptable. This is where having references or feedback really helps.

OK, show me in the penal code where any of that is required!

I will make it easy on you, it doesn't say that anywhere. I suspect you got some bad advice either from some online or gun show "expert;" but for future reference here is what the statute actually states...

§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;

(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;

(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:

(A) the person's release from confinement following conviction of the felony;  or

(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;  

(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered;  or

(6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.

(b) In this section:

(1) “Intoxicated” means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

(2) “Active protective order” means a protective order issued under Title 4, Family Code, [FN1] that is in effect.  The term does not include a temporary protective order issued before the court holds a hearing on the matter.

(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.

(d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.

It's Federal law (18 U.S.C. § 922(g)) makes certain people, such as convicted felons, ineligible to purchase or possess firearms. Federal law (18 U.S.C. § 922(d)) also makes it unlawful for any person to sell or otherwise dispose of a firearm to a person if the seller has “reasonable cause to believe” he or she falls within one of these categories.

Lastly, all a driver's license tells you is that someone may be a resident; but felons (who are ineligible to own firearms) have them and military personal (who can legally purchase weapons in a state where they are stationed) as well as other certain residents may not have a Texas drivers license.

 

[Mike748]

Thank you for correcting me. I was way off base on this one.

 

[majormadmax]

Unfortunately, there is a lot of wrong info out there concerning gun sales (bills of sale being another favorite); I always find it's best to research what the actual laws are and decide for myself!