If you’re a gun owner in Texas and considering selling or transferring a firearm, it’s essential to understand the laws that govern the process. Texas is known for its strong support of Second Amendment rights, but that doesn’t mean there are no rules. Whether you’re selling to a friend, a family member, or a stranger, staying within the boundaries of state and federal law is crucial.

This post will guide you through the straightforward legal steps to sell or transfer a firearm in Texas, explaining the key requirements clearly and concisely. Following these steps can protect you and ensure a smooth transaction.

1. Understand the Basics: No Registration or Waiting Period in Texas

Texas does not require firearm registration or waiting periods for purchasing or selling firearms. That means there’s no state database where guns are registered, and buyers don’t have to wait several days between purchasing and receiving a firearm.

In Texas:

• You do not need to involve a licensed gun dealer (FFL) for private, person-to-person sales. 
• There is no requirement to conduct a background check for private transfers (although it’s allowed and sometimes advised). 
• There is no state-mandated waiting period for any firearm sale. 

However, this doesn’t mean anything goes. Federal laws still apply, and there are crucial restrictions on who can buy and sell firearms.

2. Know Who You Can and Cannot Sell To

Even though Texas is permissive when it comes to gun sales, federal law prohibits selling firearms to specific individuals. It is illegal to sell or transfer a gun to someone you know (or have reasonable cause to believe) is:

• A convicted felon 
• A fugitive from justice 
• A user of illegal drugs 
• Mentally adjudicated as defective or committed to a mental institution 
• An illegal immigrant 
• Dishonorably discharged from the military. 
• Subject to a domestic violence restraining order 
• Convicted of domestic violence misdemeanors 

As the seller, you must ensure the buyer can legally own a firearm. If you knowingly (or recklessly) sell to a prohibited person, you could face severe criminal penalties—even if it’s a private sale. These penalties can include fines, imprisonment, and the loss of your right to own firearms.

Pro Tip:

Ask for a valid Texas driver’s license or license to carry (LTC) before finalizing a sale. An LTC strongly indicates that the buyer has already passed a background check.

3. Optional: Use a Federal Firearms Licensee (FFL)

Although not required by law in Texas for private sales, using a licensed firearms dealer (FFL) to facilitate the transfer can add a layer of protection. FFL dealers can:

• Conduct a background check on the buyer (via the NICS system) 
• Handle paperwork to document the transfer. 
• Help ensure you stay compliant with both federal and state law. 

If you’re selling to someone you don’t know well or want peace of mind, it’s recommended to transfer. The fee is typically $25–$50.

4. Firearms Sales Between Private Parties

If you’re selling your gun directly to another person (friend, neighbor, stranger from the internet), here’s what you should do:

1. Confirm Age: The buyer must be at least 18 for long guns (rifles, shotguns) and 21 for handguns. 
2. Confirm Texas Residency: Under federal law, you cannot sell a firearm to a resident of another state unless the transfer goes through an FFL. 
3. Avoid Suspicious Situations: If the buyer seems intoxicated, evasive, or unwilling to show ID, walk away from the deal. 
4. Bill of Sale (Recommended): Create a simple document that records: 
   • Date of the transaction 
   • Make, model, caliber, and serial number of the firearm. 
   • Names and contact info of both parties 
   • The buyer affirms that they are legally allowed to own a firearm. 
   • Signatures of both parties 

While not legally required, a bill of sale provides a record that you no longer own the firearm, which is helpful if it’s ever stolen or misused.

5. Gifting a Firearm

Gifting a firearm to someone (such as a family member) follows similar rules. You do not need an FFL or background check, as long as:

• The recipient is legally allowed to own a firearm 
• The gift is made without compensation (i.e., not a straw purchase) 

A straw purchase—buying a gun for someone who cannot legally own one—is a felony under federal law. This means you cannot buy a gun with the intent to give it to someone who is prohibited from owning one.

If gifting to someone under 18, know that minors can possess firearms under limited circumstances in Texas (like hunting or supervised range use), but they cannot purchase them.

6. Shipping Firearms

If you sell to someone out of state, the transfer must go through a Federal Firearms Licensee in the recipient’s state. You cannot ship a firearm directly to an individual in another state.

Here’s how it works:

• Ship the firearm to an FFL dealer in the buyer’s state. 
• The FFL receives it, runs a background check on the buyer, and completes the transfer. 
• You’ll need to include a copy of your ID with the shipment. 

Never try to bypass this step—it violates federal law.

Final Thoughts

Selling or transferring a firearm in Texas is relatively straightforward compared to many other states, but it still requires responsibility and awareness of the law. Always verify the buyer’s eligibility, document the transaction, and consider involving a licensed dealer for added protection, especially with strangers. By following these guidelines, you can legally and safely exercise your Second Amendment rights, knowing that the law protects you.

Taking precautions allows you to legally and safely exercise your Second Amendment rights.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Firearm laws can change. Always consult with an attorney or licensed firearms dealer for specific questions to stay fully informed. This will ensure that you are up to date with the latest regulations and can make informed decisions.