Underage Question

[cowhow]

I recently sold a Glock on Texas Gun Trader and was approached by an individual that was not yet 21. His claim was it's legal to sell to anyone 18 and over in a private sale. This didn't sound kosher to me so I politely declined the sale. Was he right? I'm curious because I have never heard of that being true.

[Tex1961]

It's perfectly legal to sell to someone who is 18 or older in a private sale. Many won't sell to anyone under 21 as a personal choice, but it is legal.

[RoyGBiv]

Federal law... https://www.atf.gov/firearms/qa/does-cu ... n-licensee
18 to purchase shotgun or rifle, 21 for everything else... FROM AN FFL!

Also Federal Law... https://www.atf.gov/firearms/qa/may-ind ... individual

May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same state?

An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same state, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under federal law. A federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.

There may be state or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information on any such requirements.

[18 U.S.C. 922(b)(1)]

And here's a lawyers take on the question...
https://www.hgclaw.com/2023/04/15/who-c ... -in-texas/

What is The Age Requirement to Buy a Gun in Texas?

You must be 21 years old and above when buying a handgun or 18 years old and above when buying a long gun from a Federal Firearms Licensee (FFL) under federal law. The same rules apply to buying a long gun under Texas law. Texans, however, can buy handguns once they turn 18 but only through private sales. Additionally, parents or legal guardians can give guns as gifts to minors or give them written permission to purchase a gun.

[cowhow]

Thanks for clarifying as I had not been exposed to that circumstance before. I guess next time I'll know but this time it was better safe than sorry. Thanks guys for setting me straight.

[Jose_in_Dallas]

I personally would not sell to anyone without a Texas LTC unless it's someone I personally know and can vouch for. Not perfect but gives me a little bit of peace of mind.

[carlson1]

I sold quite a few things on TGT, but I have not had anyone under 18 yet. I don’t know that I would either. I guess it would have to judge one on one.

Years ago (10-15) I met a man at Walmart from an add on Glock Talk. He showed up in a taxi, wife beater t-shirt, and sagging pants. I asked to see his DL and he had no ID. I politely declined that sale and he was very unhappy it caused be to be real nervous for a while. Now unless I know them (or off this Forum) we meet at my church or Irving PD. I am trying to sale things I don’t use or don’t want because our medical bills are out of the roof. With that said I am coming to a place that my selling days are coming to an end pretty quick.

[RoyGBiv]

Thanks for clarifying as I had not been exposed to that circumstance before. I guess next time I'll know but this time it was better safe than sorry. Thanks guys for setting me straight.

IMO, I wouldn't sell a gun to a stranger without an FFL as an intermediary, or, unless the buyer had a carry license.

Back in NC we had a purchase permit system (now gone). In a private sale, the buyer would need to provide a purchase permit and matching ID for the sale to be legal. As a seller it was nice to have some confirmation that the buyer wasn't a prohibited person.

Of course there are other problems with having to ask for a purchase permit.

YMMV, of course.

[Jose_in_Dallas]

I sold quite a few things on TGT, but I have not had anyone under 18 yet. I don’t know that I would either. I guess it would have to judge one on one.

Years ago (10-15) I met a man at Walmart from an add on Glock Talk. He showed up in a taxi, wife beater t-shirt, and sagging pants. I asked to see his DL and he had no ID. I politely declined that sale and he was very unhappy it caused be to be real nervous for a while. Now unless I know them (or off this Forum) we meet at my church or Irving PD. I am trying to sale things I don’t use or don’t want because our medical bills are out of the roof. With that said I am coming to a place that my selling days are coming to an end pretty quick.

Ya having someone show up like that would immediately raise a red flag for me LOL! I haven't bought or sold a lot of guns from individuals, for the most part I've felt pretty comfortable about my transactions. Recently I was looking at buying a Sig Legion 229. Found what I thought was to good a deal to pass up on Texas Gun Trader. Guy was in Austin but said he could meet me in Waco. Setup the meet and he kept changing things as far as time and place to meet. Bailed on it. Found it locally and met the guy at DFW Gun Range, smooth transaction.

Does Irving PD have a designated meeting place for selling goods?

IMO, I wouldn't sell a gun to a stranger without an FFL as an intermediary, or, unless the buyer had a carry license.

Back in NC we had a purchase permit system (now gone). In a private sale, the buyer would need to provide a purchase permit and matching ID for the sale to be legal. As a seller it was nice to have some confirmation that the buyer wasn't a prohibited person.

Of course there are other problems with having to ask for a purchase permit.

YMMV, of course.

Like with an FFL to do a transfer??

On a side note, the title of this post initially caused me to cringe LOL!

[carlson1]

Does Irving PD have a designated meeting place for selling goods?

Yes sir. They have cameras set up in three spots and they are at the front door. One time I even had an officer come out and ask what I was selling I told him. He wanted to know if he could look at the gun and I said sure. Gave him the gun and examined it and said one day I am going to buy me a 1911. Wished me good luck and turned around and walked back to the PD.

[RoyGBiv]

Like with an FFL to do a transfer??

With an LTC holder, no.
With a non-LTC, yes.

Does Irving PD have a designated meeting place for selling goods?

Yes sir. They have cameras set up in three spots and they are at the front door. One time I even had an officer come out and ask what I was selling I told him. He wanted to know if he could look at the gun and I said sure. Gave him the gun and examined it and said one day I am going to buy me a 1911. Wished me good luck and turned around and walked back to the PD.

Where he immediately ran the serial number he memorized.

[carlson1]

Like with an FFL to do a transfer??

With an LTC holder, no.
With a non-LTC, yes.

Does Irving PD have a designated meeting place for selling goods?

Yes sir. They have cameras set up in three spots and they are at the front door. One time I even had an officer come out and ask what I was selling I told him. He wanted to know if he could look at the gun and I said sure. Gave him the gun and examined it and said one day I am going to buy me a 1911. Wished me good luck and turned around and walked back to the PD.

Where he immediately ran the serial number he memorized.

Possible, but it was very late at night and pretty dark. I don’t have a problem with any of them running the serial number just don’t keep it.

[03Lightningrocks]

Personally, I feel we already have enough restrictions on our 2nd amendment rights without me adding restrictions that are not required. I am curious though. So I am assuming you folks adding restrictions are in agreement if the ATF adds these same restrictions and requires all private transfers go through an FFL? Think of how warm and fuzzy that would make everyone feel, seeing as how warm and fuzzy some feel about adding their own restrictions.

[carlson1]

I never said anything about added restrictions. I am 100% totally against universal backgrounds. If I want sale one of my guns I should be able to.

With that said I also have the right to be a judge on who I sale to.

[RoyGBiv]

I never said anything about added restrictions. I am 100% totally against universal backgrounds. If I want sale one of my guns I should be able to.

With that said I also have the right to be a judge on who I sale to.

100% agree.

That said.... I wish there was an easy way for a private seller to confirm the eligibility status of a private buyer... for now, an LTC is ok for me...

[The Annoyed Man]

I have fingerprinted a fair number of 18-20 yr olds in the past few months who were obtaining their LTCs. Curiously, they’ve been males only so far. In the interim until 18-20 yr old carry becomes more normalized—which is my desire—I would feel comfortable doing a private sale to someone in that age group if he or she could show me an LTC.