Need advice and/or "Best Practice" for selling a handgun

[dleewo]

My wife has a handgun that she'd like to sell, but she is concerned about the process. I did some Google searching and it seems that we would need to be reasonable certain the person isn't a felon and we should create a bill of sale.

I'm hoping those of you that sell guns regularly can chime in on how we can protect ourselves.

From my research, an in-person sale and for cash is the way to go and we're OK with that.

We have another slight complication....we only moved to TX 3 years ago from FL and the handgun my wife wants to sell was bought in FL. Does that make a difference? She's concerned that somewhere in FL, her name is tied to the gun.

Also, does anyone have a sample "bill of sale" that I can use as a template?

Derek

[AEA]

Hi, you have the basics correct.

The gun being originally purchased in Florida means nothing. Now if it was in FL and you wanted to sell it here, you would have to get an FFL in FL to ship it to an FFL in TX. But that is not the case here. You already have it here in Texas.

The Bill of Sale thing is only really a "Feel good" measure that some sellers do. It really means nothing, other that a record for you that you actually no longer have the gun. It is not something that is a requirement for selling a handgun face to face in Texas.

You are only a few posts away from being able to post a for sale ad in the Firearms section of this forum. I believe the magic number is 45 posts. So, I would suggest that you join the conversations is some of the threads here and get your post count up to 45 and then post the gun for sale on this forum. You will feel safe when you sell it to a CHL holder and even if you don't, they would be happy to do your bill of sale thingy if that is what you wanted.

Good luck!......and Welcome to Texas!

[RECIT]

As long as the person is of legal age to own the gun 21 for handguns and 18 for long guns. I don't see a problem with doing a face to face cash sale with a handshake. If you want to create a bill of sale that would not hurt but not necessary. If you plan on making a bill of sale make a spot for your name, buyer name, a place for both of you to autograph, maybe TXDL#, and the serial number off of the gun should be plenty. I would not put any addresses or phone numbers on there. If the fed needs to get a hold of you they will find you. After you sell the gun it is not your responsibility what the owner does with it, you just need to make sure they fit the criteria to sell it to them in the first place. Good luck.

[dleewo]

Thanks AEA and RECIT for the info. Hopefully I can put my wife's mind at ease.

Derek

[RECIT]

I too was weary about just handing a gun over at first but I have done a little research and had several good experiences doing FTF transactions with the public.

[seamusTX]

There are a couple of other methods that will alleviate any anxiety you might have:

• Give the piece to an FFL to sell on consignment. FFL's generally take a 15% commission from the selling price; but they might get a higher price than you could, because that's their business.
• Sell it on http://www.auctionarms.com/" onclick="window.open(this.href);return false;. You probably will get a lower price, but you will also have the assurance of the transfer going through an FFL.

Another advantage of these methods is that the seller does not know where you live. I don't know if you've ever sold something like a car person-to-person. Sometimes the buyer comes back with complaints.

One caution about consignment sales: The FFL occasionally goes out of business and your piece disappears. I've actually heard of it happening, but it's rare.

The conditions required for a face-to-face sale in Texas are the the buyer is a resident of Texas, 18 or older, sober, and not known to you to be a felon or criminal.

The last condition is different from saying that you must verify that the seller is not a felon. That is the duty of an FFL, but not an unlicensed citizen.

- Jim
[Edited to correct typo]

[UpTheIrons]

If you want to do a FTF sale and would like a Bill of Sale, you can download a template from Texas Gun Trader, which I have done. There's a link to it on this page http://texasguntrader.com/what.htm" onclick="window.open(this.href);return false; under the "Who Can Sell Guns" section. Good luck. My FTF sale experience was a good one, but I guess not all of them are.

Then again, you could sell it here, amongst friends, and have the best experience possible.

[dleewo]

Thanks for the link to the site. Unfortunately the PDF link to the bill of sale doesn't seem to work, but the site itself had some useful information for me to read. Thanks

[RedRaider]

Thanks for the link to the site. Unfortunately the PDF link to the bill of sale doesn't seem to work, but the site itself had some useful information for me to read. Thanks

PM me your email address and I'll send you a word version of the Sales Receipt I used when selling guns.

[dleewo]

PM me your email address and I'll send you a word version of the Sales Receipt I used when selling guns.

PM sent. Thanks

[doghouse]

I know this is an older thread but is there no paperwork for selling a gun?

[boomerang]

I know this is an older thread but is there no paperwork for selling a gun?

Maybe. It depends on the type of gun, who is doing the selling, who is doing the buying, where the sale takes place, etc.

[Rex B]

No paperwork is required when the transaction takes place between two residents of the same state.
The only requirements for the seller is to not sell to someone if they know the buyer is legally inelligible to own the gun - due to age, felony convictions, etc.
You are not required to do any sort of background check.

My rules are:
1 - This forum is first choice. CHL holders are a worry-free sale (or buy)
2 - If it doesn't smell right, stop immediately.
3 - Ask to see TX DL or CHL card.
4. Verify age is you have any doubts.

If buying or selling on a forum, read some of the other party's posts to get an idea what sort of personality you are dealing with.
People that act flaky or start trouble online get crossed off the list. You can also run a Google search on their email address.

I have yet to run into any problematic transactions. I've made some new friends and met some really great people as I bought and sold for my collection.

[doghouse]

Please excuse my ingnorance but when a new gun is purchased isn't the S.N. linked to that person? And if so when that person sells a gun is there no need to have it transferred to a new owner? Kind of like a car sale?

Thanks
JR

[seamusTX]

Not in Texas.

If you buy a new firearm from an FFL and then sell it to an individual, and the firearm subsequently comes to the attention of the authorities, they will be able to trace it to you. However, if your account of selling it seems credible, that will be the end of the matter.

There are some states where private sales must go through FFLs.

- Jim