texas cash & carry laws

[rp-]

new to texas, moved from california. i have held C&R licenses before in multiple states and have had transactions with other C&R holders. i have also sold long arms to non C&R holders but only when all conditions were right including:

-buyer was at least 21 years of age
-firearm was AT LEAST 50 years old AND was on the C&R list by name
-buyer provided proof of residence with picture ID (actually it was military every time)
-the firearm was a long gun only, pistols and revolvers not eligable

i have bought and sold handguns via C&R to C&R outside of california. but now that i am here in texas i have had 2 people give me shit for wanting to go through an FFL for a handgun transfer. now i assume C&R eligable long arms would be ok for cash & carry still as they were in california. i also know that C&R trades/sales are ok between 2 C&R holders on eligable firearms. my questions now are concerning cash & carry pistols.

what are the laws regarding cash and carry with NON-C&R eligable pistols.are the rules the same as every other state i have ever bought/sold in? do they need an 01 FFL to make the transaction legal?

does anyone know where to find the scriptures for this?

 

[TexasRedneck]

This is Texas. We presume that you're an adult, and will comply with all FEDERAL laws (of age, can legally own, etc.). We don't hafta go through FFL's to transfer legal firearms, whether C&R or modern.

 

[Southpaw]

Face to Face transactions of long guns and pistols are legal, and actually the norm here, so I suppose that is why people took it differently when you asked to go through an FFL.

 

[Wolfwood]

Face to Face transactions of long guns and pistols are legal, and actually the norm here, so I suppose that is why people took it differently when you asked to go through an FFL.

+1
infact, even Through The Mail transactions are fine and dandy. from one personal collection to another.
no ffl middle man as long as it is from texas to texas.
god, i love this state.

now that i am here in texas i have had 2 people give me shit for wanting to go through an FFL for a handgun transfer.

*gasp*
i hope you didn't think i was giving you shit buddy. i was giving you advice.



---edit----
oh and btw, welcome to Texas! it takes some getting used to i'm sure.

 

[rp-]

its just because i have been so restrained in california. the laws there are effed up. im still learning the texas gun laws here. does anyone know where to find the actual laws

 

[Southpaw]

its just because i have been so restrained in california. the laws there are effed up. im still learning the texas gun laws here. does anyone know where to find the actual laws

I know the feeling, I came from a state very similar and my first face to face here felt all kinds of wrong.

 

[robin303]

Handgunlaw.us

 

[rp-]

Handgunlaw.us

this looks to be just for conceiled carry. i dont think that interests me right now. at least not until i get something a little smaller like a tomcat or bobcat. i may look into it after that

 

[Bobk]

Just remember if you can vote help us keep Texas this way.

 

[Renegade]

Freedom can be pretty scary if you are new to it.

 

[nalioth]

You'll also need to recognize that in the absence of a written law saying otherwise, whatever act you're looking at doing is legal.

 

[Wolfwood]

You'll also need to recognize that in the absence of a written law saying otherwise, whatever act you're looking at doing is legal.

beat me to it.

 

[Harley Rider 55]

True cash and carry. Welcome to Texas.

 

[GPtwins]

I guess the best place to start is the Texas Penal code, Chapter 46 - Weapons.

PENAL CODE**CHAPTER 46. WEAPONS

Start in 46.01 where it defines weapons of different types.
46.04 defines unlawful possession.
46.05 lists prohibited weapons.
46.06 defines unlawful transfer of of certain weapons.

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;
(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.

 

[codeman]

First of all, welcome to Texas and congratulations on breaking the restraints of California. Texas law requires very little legally but here is what I do. I do my transactions face to face, provide two copies of a sales receipt with a date and both mine and their signature (one copy for them and one for me), and I make a photo copy of their drivers license and Canceled Handgun License (if they have one). By doing this I know I’m covered for most situations that might arise regarding that firearm. It’s a bit much for most Texans but I know my butt is covered.
As far as the Texas laws, I suggest the book “Texas Gun Owner's Guide” by Alan Korwin. It covers almost all Texas gun laws, but does so in plain English. You can find it at most shooting ranges or online.

 

[TexasRedneck]

Each of us has to do that which we're comfortable with - but there is NO man that'll be copying my DL *or* CHL for a FTF gun purchase. Period. Feel free to "require" that - each of us has our own level of acceptable risk - but understand that you'll be selling nothing to me. No hard feelings, but there is *no* legal reason for the seller to have that information from me - and what happens if someone breaks into their house, finds those records - they now have a new shopping list!

 

[Renegade]

Each of us has to do that which we're comfortable with - but there is NO man that'll be copying my DL *or* CHL for a FTF gun purchase. Period.

This can't be emphasized enough. It is a bad idea for BOTH parties.

Either do not sell the gun or take to an FFL and let him xfer it.

 

[Buck Nekkid]

Absolutely! You want my DL, my CHL? Then you don't want my $$. The law doesn't require it why should you?

 

[medalguy]

I've bought and sold lots of guns here in Texas, and while I have requested a name and address on a couple of handgun sales, I have never and would never want a copy of a TDL or CHL. Buying or selling. Period. The two times I requested a name and address were because I was selling guns for a friend and he requested that information be put on a bill of sale to cover his butt just in case there were a problem after the sale. Can't say that I blame him.

 

[TexasRedneck]

Ain't bustin' on ya Medalguy, but as I've said before - you want any of my personal information, you ain't gettin' it in written form. What if someone steals it from you - they know just where to go lookin' for that weapon, eh? Ain't gonna happen....