TexasCHLforum.com

jerry_r60 wrote:

Jumping Frog wrote:A minor clarification here, the actual language is "knowing or having reasonable cause to believe". If I demonstrate due diligence when selling a firearm to another person by asking them if they are in any way disqualified from purchasing a firearm, and they lie to me, then I have no reasonable cause to believe they are prohibited.

This made me think. It wouldn't be a bad idea to put together a questionnaire like this to get answered and then signed as part of a sales receipt for a personal sale.

n5wd wrote:One clarification about the law of selling guns in a private sale. Under federal (US) law, you must not sell a gun to someone that is not legally eligible to own or possess a firearm. That includes anyone who has been found guilty of a felony, or someone that has been arrested for, or has been found guilty of domestic violence, and, for a handgun, someone who is not a resident of the state that you are living in.

18 U.S.C. § 922(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.