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Due Diligence Before Selling a Firearm Privately in Texas

Texas doesn’t require paperwork, but paperwork protects you. Here’s the checklist I run through on every private sale.

Texas law doesn’t require paperwork on a private firearm sale. Federal law doesn’t either, as long as both parties are Texas residents and neither is prohibited. That doesn’t mean you should skip due diligence. A ten-minute checklist protects you from years of headache.

The Gunny’s private-sale checklist

  1. Verify residency. Ask for a Texas driver’s license or state ID. Confirm the address. Not a Texas resident? Route the sale through an FFL.
  2. Ask the 4473 questions. Walk through the disqualifiers verbally. Felony, domestic violence, active protective order, drug use, mental commitment, dishonorable discharge, illegal alien status. Any yes, walk away.
  3. Watch the body language. Someone in a hurry, cash-only from a duffel bag, no interest in inspecting the firearm carefully, is a red flag.
  4. Meet in a good location. Gun-store parking lot, a public sheriff’s-office lobby, a range parking lot. Not a random parking lot at midnight.
  5. Draft a bill of sale. Both parties’ names, Texas driver’s license numbers, addresses. Firearm make, model, serial number, caliber. Sale price and date. Both signatures.
  6. Photograph both IDs and the completed bill of sale. Keep the file.
  7. Retain records for at least 10 years. That covers most statute-of-limitation windows if the firearm ever comes back around in a police report.

Optional: run it through an FFL

Any FFL can facilitate a documented background check on a private sale for a fee. For a higher-value firearm, this is cheap insurance.

When to just say no

The buyer doesn’t have Texas ID. The buyer refuses to answer straightforward questions. The buyer wants to skip a bill of sale. Any of those, walk away and don’t look back. Losing a sale is a lot cheaper than being interviewed in front of a federal grand jury.

Stay safe. Semper Fi.
Gunny


Straight talk: This is education, not legal advice. Gun law changes. Consult a Texas attorney for your specific situation, and always confirm current rules with the Texas Department of Public Safety and the ATF.