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Texas laws on receiving a handgun as a gift/private party transaction.

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  • Thevekose

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    Oct 11, 2013
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    I recently turned 18 and came to find out I could not buy a handgun (at least from an FFL),my father who has many handguns says I can receive one of his as a gift or since he is considered a "private party" I can purchase from him as well,being skeptical I asked one of my local police officers and he said it was illegal for me to even receive one as a gift,I just want a third opinion here and please back up your info with a link to where you read it,I do not want to get into trouble with the law!
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    TexasRedneck

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    Jan 23, 2009
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    Okay...you'll accept the incorrect statement of an LEO, and demand proof of folks that live and breath guns?

    Do as you wish. As a private party, I'll sell to anyone 18 years of age or over that may own a gun with an ATF agent standing there watching me. You want proof - look it up yourself on the ATF website........I *know* the law.
     

    Koinonia

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    Sep 10, 2012
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    San Antonio
    18+ for handgun in Texas. It is also in the "Handgun safety Act" booklet you get from the FFL. It says possession of one under 18 years of age.
     

    Thevekose

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    Oct 11, 2013
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    Okay...you'll accept the incorrect statement of an LEO, and demand proof of folks that live and breath guns?

    Do as you wish. As a private party, I'll sell to anyone 18 years of age or over that may own a gun with an ATF agent standing there watching me. You want proof - look it up yourself on the ATF website........I *know* the law.

    I did not demand anything sir,I just asked you back up your info with a reliable source,you have to understand that I do not want my 2nd amendment rights to be revoked because something as trivial as whether or not I am old enough to own a handgun (which imho is a stupid law if they want you to be a certain age for buying a firearm it need to be across the board not just saying "oh you can buy this gun but not this gun because it has bad features on it." I wanted to be absolutely sure that I was not unknowingly committing a felony offense.The law may be stupid but I still have to obey it,and fight it in the hopes that it is repealed in the future.

    Thanks for the help guys I read that 46.06 penal code and it confirms that I can buy from a private party or receive a handgun as a gift at the age of 18.
     

    A.Texas.Yankee

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    Mar 21, 2012
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    You still won't be able to purchase ammo if I'm not mistaken. I think rifle and pistol ammo purchases from a retailer are still =+21.

    Sent from my EVO using Tapatalk 2
     

    AngeliaH

    Life's Peachy
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    Aug 5, 2012
    14,263
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    Central Texas
    Found this...


    Under federal law, it is illegal to sell (1) long gun ammunition to anyone under age 18 and (2) handgun ammunition to anyone under age 21 (18 USC 922(b)(1), 27 CFR 478. 99(b)). According to BATF, a licensee may sell interchangeable ammunition such as a . 22 cal. rimfire to a person less than age 21 (but age 18 or older) if the dealer is satisfied that the ammunition is for use in a rifle. If the ammunition is intended for use in a handgun, the 21-year-old minimum age requirement applies.
     

    Thevekose

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    Oct 11, 2013
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    I already own a Hi-Point Carbine in 9mm (which is the caliber I want to buy a handgun in so I can interchange ammo between the two.) The FFL I bought the carbine at reloads and sells ammo so he knows I have a carbine in 9mm so I am pretty sure he would sell me ammo.
     
    Rating - 0%
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    Jul 13, 2011
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    Texas
    Texas has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Texas law does, however, state that a person commits a Class A misdemeanor if he or she:

    • 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;

    • Intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give a firearm to any child younger than age 18. It is an affirmative defense to this charge that the transfer was to a minor whose parent or legal custodian had given written permission for the sale or, if the transfer was other than a sale, the parent or legal custodian had given effective consent. This offense rises to the level of a “state jail felony” (the lowest class of felony under state law) if the firearm involved is a handgun;

    • Intentionally, knowingly, or recklessly sells a firearm or ammunition to any person who is intoxicated;

    • Knowingly sells a firearm or ammunition to any person who has been convicted of a felony before the fifth anniversary of the later of: 1) the person’s release from confinement following conviction of the felony; or 2) the person’s release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;

    • 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

    • Knowingly purchases, rents, leases, or receives as a loan or gift a handgun while an active protective order is directed to the person.[SUP]1[/SUP]
     

    ZX9RCAM

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    I already own a Hi-Point Carbine in 9mm (which is the caliber I want to buy a handgun in so I can interchange ammo between the two.) The FFL I bought the carbine at reloads and sells ammo so he knows I have a carbine in 9mm so I am pretty sure he would sell me ammo.

    Just tell the clerk it's for a rifle....
     

    Renegade

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    1   0   0
    Mar 5, 2008
    11,747
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    Texas
    If you are obtaining it lawfully from your parents without criminal intent there is no age limit.

    No link possible since laws are about what is illegal, not what is legal.
     

    Moonpie

    Omnipotent Potentate for hire.
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    Oct 4, 2013
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    Gunz are icky.
    Can not purchase a handgun until 21.
    Can purchase long gun at 18.
    Can not purchase handgun ammo until 21.
    Can purchase long gun ammo at 18.
    Can possess handgun if under 21 if given as gift. Although a lot of people will argue this.
     

    Southpaw

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    Mar 30, 2009
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    Guadalupe Co.
    Can not purchase a handgun until 21. .
    Can purchase long gun at 18.
    Can not purchase handgun ammo until 21.
    Can purchase long gun ammo at 18.
    Can possess handgun if under 21 if given as gift. Although a lot of people will argue this.

    Can you show me where it says I can not sell a handgun to an 18 year old through a private sale? And handgun ammo for that matter?
     
    Last edited:

    ZX9RCAM

    Over the Rainbow bridge...
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    The Woodlands, Tx.
    If you are obtaining it lawfully from your parents without criminal intent there is no age limit.

    No link possible since laws are about what is illegal, not what is legal.

    Yep, my Dad gave me a .22lr, cowboy type single action, when I was about 7.
     
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