Selling a firearm to an individual in Texas is legal and straightforward. Private sellers do not need a Federal Firearms License (FFL) or background check for intrastate sales. However, the buyer must be a Texas resident, at least 18 for long guns or 21 for handguns, and not prohibited by law from owning a gun.
Texas Private Sale Rules
- No background check is required by state law.
- No state registration or waiting period exists for private gun sales.
- Sales must only happen between residents of Texas.
- Sellers cannot sell to anyone they know is legally barred from owning a gun.
Prohibited Buyers Under Federal Law
You must not sell a firearm to certain people. Federal law bans sales to:
- Convicted felons.
- Domestic violence offenders.
- Fugitives from justice.
- Unlawful drug users.
- People adjudicated as mentally defective or committed to a mental institution.
- Undocumented immigrants.
Best Practices for Protection
- Ask to see a valid Texas Driver’s License or License to Carry (LTC) to prove residency and age.
- Draft a written Bill of Sale with the date, firearm make, model, serial number, and the buyer’s name and contact info.
- Keep a signed copy of the bill of sale for your personal records in case the gun is ever traced.
Transferring to Out-of-State Buyers
- If the buyer lives outside Texas, you cannot complete a direct private sale.
- You must ship or deliver the gun to an FFL dealer in the buyer’s home state.
- The dealer will run the required background check before handing over the firearm.