firearm sale question

[GunLaw]

hey guys, I listed a rifle for sale and a prospective purchaser appeared. normally I prefer CHL holders, but this guy is an out-of-state resident. however, he is active military based at Ft. Hood with all the pertinent documentation (military ID, orders, etc).

is it kosher for me to make this sale, or should i walk away? i need to make up my mind in a hurry because he's deploying on Monday for 6 months. i haven't had many other legitimate offers so far on the gun, so id really like to sell it to him if it's legal.

if anyone has any advice i would appreciate it. however, since it's the internet and i don't really know who's GIVING said advice, it would also be nice if anyone had any links to relevant Texas statutes that might help resolve the matter, as i haven't found any yet.

thanks guys!

[Teamless]

there is no gun registration laws, so you can sell to him, unless you know he is not legally allowed to purchase a weapon.

[G.A. Heath]

I know that to sell a firearm to a non-resident you must go through an FFL (Handguns must go to an FFL in their state of residence), but Since he is stationed in Texas I think it is Ok. I am not sure but I think that being permanently stationed counts as residency, however I am not 100% sure.

[Teamless]

I know that to sell a firearm to a non-resident you must go through an FFL

You may be correct in this, and i was not aware of that.
However, that then means that you are required to inquire about the residency of the buyer, and since there is no registration, do you really need to inquire?
Hmm, what else should people or LE be required to check residency of? - sorry separate topic

[GunLaw]

see, this is why i've been having trouble getting a solid answer. i called an FFL holder yesterday and he said i didn't need to go through an FFL on this and it shouldn't be a problem...i just really wish i could find the Texas statute to back it up. i guess if none exists then ill just take the "no registration required" bit to mean that it's all good.

[AEA]

Active Military stationed at Fort Hood is considered a Resident of Texas with regard to the purchase of a firearm..

The FFL told you correctly. The Guy can enter any gun shop in Texas with proof of Active Status at Fort Hood and purchase any legal firearm. They would fill out the 4473 and call it in to ATF and he would be approved as log as he does not have any bad history. He is considered to be a Texas Resident.

Your obligation is to determine if he is legally able to own a firearm in Texas. This is hard to do for a FTF with ANY Texas Resident.

[GunLaw]

i can run simple background checks, im a law student so i have access to a couple databases. it's not an amazing system, but it will detect felonies and whatnot.

[couzin]

Active Military stationed at Fort Hood is considered a Resident of Texas with regard to the purchase of a firearm..

Correct!

[pnctar]

Active Military stationed at Fort Hood is considered a Resident of Texas with regard to the purchase of a firearm..

Correct!

Active duty military personnel are considered residents of the state they are stationed in. They may also carry a DL from another state but, are still legal residents. The only time a problem of this sort would come up is if they violate the "tri-state" law.

I was stationed all across the country and carried a Washington State DL that did not expire until 90 days after discharge. But you can't, for example, have a WA DL, vehicle registered in Chicago, and a Ft. Hood address.

Edit: Review the "Soldier and Sailor Relief Act". I believe it covers the residency and employment issues you're questioning.

[Jumping Frog]

i can run simple background checks, im a law student so i have access to a couple databases. it's not an amazing system, but it will detect felonies and whatnot.

That's really silly. I've never heard of someone in a private sale running background checks. You couldn't run mine because I will not divulge my name/address in a private firearm sale. I'll show my drivers license with my thumb over the name address to show state residency upon request, but that is it.

[BrianSW99]

i can run simple background checks, im a law student so i have access to a couple databases. it's not an amazing system, but it will detect felonies and whatnot.

That's really silly. I've never heard of someone in a private sale running background checks. You couldn't run mine because I will not divulge my name/address in a private firearm sale. I'll show my drivers license with my thumb over the name address to show state residency upon request, but that is it.

I don't think there's any obligation to do a background check on a private sale. If you're worried about it, ask to see an ID to establish residency, but I don't think there's really even a legal requirement to do that.

[rm9792]

i can run simple background checks, im a law student so i have access to a couple databases. it's not an amazing system, but it will detect felonies and whatnot.

That's really silly. I've never heard of someone in a private sale running background checks. You couldn't run mine because I will not divulge my name/address in a private firearm sale. I'll show my drivers license with my thumb over the name address to show state residency upon request, but that is it.

As soon as you pull up I can run a cursory check thru publicdata.com on my iphone before you get out of the car. It isn't perfect but better than nothing. Most people are driving their own cars, and you can use one database to backtrack thru others. By the time you meet someone you usually have a name, email address and cell phone, plus a plate from whatever they are driving. A lot of other info can be gathered from that little bit of starter stuff.

[rm9792]

i can run simple background checks, im a law student so i have access to a couple databases. it's not an amazing system, but it will detect felonies and whatnot.

That's really silly. I've never heard of someone in a private sale running background checks. You couldn't run mine because I will not divulge my name/address in a private firearm sale. I'll show my drivers license with my thumb over the name address to show state residency upon request, but that is it.

I don't think there's any obligation to do a background check on a private sale. If you're worried about it, ask to see an ID to establish residency, but I don't think there's really even a legal requirement to do that.

There is no obligation to verify anything but possibly residency. I mean if some banger in an Escalade with out of state plates rolls up, its a clue.....

[zero4o3]

i can run simple background checks, im a law student so i have access to a couple databases. it's not an amazing system, but it will detect felonies and whatnot.

your not required to look for a reason not to sell him the gun, you just cant sell it to him if you know he cant own it. so if he told you that he wanted to buy your gun because he tried to buy a gun from retail chain and was declined or maybe if he said he really liked your gun because his cell mate talked highly of them

[hirundo82]

There is no obligation to verify anything but possibly residency.

You have no obligation to verify anything. You just can't transfer a firearm to someone if you have reasonable cause to believe that they are not a resident of your state of residence (18 USC §922(a)(5)) or that they are prohibited from recieving firearms (18 USC §922(d)).

For example, I usually wouldn't feel an obligation to ask for ID to sell a gun face-to-face, but if I happened to notice that they rolled up in a vehicle with out-of-state plates I'd check to make sure they had ID with a Texas address.