I want to sell my gun to another person in Texas. How can I do that?

Can I sell my own gun? Do I need a license?

Federal law requires a person to obtain a license to sell firearms if the person is engaged in the business of dealing firearms. According to this handbook from the Bureau of Alcohol, Tobacco, and Firearms (ATF):

As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed. [...] Determining whether you are "engaged in the business" of dealing in firearms requires looking at the specific facts and circumstances of your activities.

See the handbook for more detailed information about when you need a Federal Firearms License (FFL) to conduct firearm sales.

Who can I sell to?

Our librarians are not able to give advice on any particular sale, so if you are not sure whether it would be legal to sell your gun to a certain person it is best to ask an attorney. You could also conduct the sale with the help of an FFL dealer who could run a background check on the buyer. Below we've listed some general legal requirements for private sales, but this page should not be considered a complete list of requirements.

Private sellers may not sell their firearm if:

• They know (or have reason to believe) that the buyer is not allowed to have firearms.
  • See this brochure published by the ATF for information about federal law.
  • Sec. 46.06 of the Texas Penal Code sets out more restrictions for the transfer of firearms.
  • See our Gun Laws research guide for information on who is prohibited from possessing a firearm in Texas.
• The buyer lives in a different state.
  • 18 U.S. Code 922(a)(3) and 922(a)(5) prohibits private sales across state lines.
  • See these FAQ pages from the ATF for information about what makes someone a "resident" in a state and for information about people who have a home in more than one state.
  • If private sellers want to make a sale across state lines, they must get help from an FFL dealer in the state where the buyer lives.
• The buyer is younger than 18 years old.
  • Sec. 46.06(a)(2) of the Texas Penal Code states that a person commits a crime if they "intentionally or knowingly" sell, rent, lease, or give a "firearm, club, or location-restricted knife" to anyone younger than 18 years old.
  • According to the same law, a person also commits a crime if they offer to sell, rent, lease or give those same weapons to someone younger than 18.
  • Sec. 46.06(c) of the Texas Penal Code makes an exception to this rule if the child's parent (or a person with legal custody of the child) has given written permission for the sale.
  • Federal law also sets the age limit at 18 for private handgun sales (18 U.S. Code 922(x)(1) and (x)(5)).
  • If a private sale is conducted with the help of an FFL dealer, the age limit for handgun sales is 21 and the age limit for shotgun or rifle sales is 18.
  • We discuss age limits for firearms purchases in greater detail in another FAQ.

Do I need to run a background check?

Private sellers are not required by federal law or Texas law to do a background check before selling a firearm. If you are selling your gun to another person and you would like to run a NICS background check before the sale, you could arrange to do the sale through an FFL dealer. The FBI does not offer NICS background check services to the general public.

What records do I need to keep when conducting the sale?

Neither federal law nor Texas law requires private sellers to keep a record when they sell a firearm. FFL dealers are required to keep records of their sales, but these requirements do not apply to private sellers. Even though it is not required by law, you may want to keep a record of the sale for your own purposes. See this ATF brochure for best practices to follow when selling a firearm.

Do I need to transfer the registration?

Many people who have contacted the library believe that the guns they purchased in Texas are "registered" to their name. However, neither the federal government nor the Texas government keeps a general registry of firearm ownership, except for certain specific types of firearms covered by the National Firearms Act (such as short-barreled shot guns or machine guns). We discuss this topic in greater detail in another FAQ.

Can I conduct the sale with the assistance of an FFL dealer?

Yes. As this handbook published by the ATF explains, FFL dealers can help you by handling a gun sale between you and the person you want to sell to. However, FLL dealers are not required by law to help with private sales, so you might need to call around to find someone who is willing to help you. FFL dealers will need to follow all the laws they normally follow when selling firearms, like running a background check and keeping records of the sale. Dealers can also charge a fee for their services. See the ATF handbook for more detailed information.