Author Topic: Private Sale  (Read 398 times)

AoV777

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Private Sale
« on: December 12, 2017, 11:44:23 PM »
I live in Texas. I recently sold a pistol private sale to an individual. I had him sign the a letter stating he is legally allowed to own a firearm like most private sellers use. But an Ex police officer told me that letter people use is useless and would not protect you in court if the person lied to me and is in fact a felon. So now this Ex officer has me scared to sell privately. What does the law say? am I protected with the signed document in the state of Texas?

ceejmo

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Re: Private Sale
« Reply #1 on: December 18, 2017, 03:47:38 PM »
I AM NOT A LAWYER but, under Texas Penal Code - PENAL § 46.06. Unlawful Transfer of Certain Weapons

(a) A person commits an offense if the person:

         (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;

        (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

        (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;

        (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:

                (A) the person's release from confinement following conviction of the felony;  or

                (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;  

        (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered;  or

        (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.


Based on the above the police officer is incorrect.
Key words are Knowing, Knowingly, Intentionally and Recklessly.

When I sell a firearm privately I just ask"Is there any reason why you can not legally own or purchase a firearm?" If the answer is no and they haven't made some stupid remark about getting even with someone or said something that would make me think their intentions with the firearm were anything other than legal, I sell it to them. I don't ask for proof. I don't ask to have a paper signed and I don't ask for ID. I am not required to. Neither am I required to show ID as the seller.

CJ

TexasLawShield

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Re: Private Sale
« Reply #2 on: December 20, 2017, 05:11:54 PM »
AoV777,

There’s no reason to fear engaging in a private firearm transaction with another Texas resident, as long as you are careful. In Texas, a private sale is perfectly legal with no documentation as long as you meet the following requirements:

1.   Both of you are Texas residents;
2.   You do not know or have reasonable cause to believe that the purchaser is prohibited from possessing or receiving firearms under state or federal law; AND
3.   You do not know the buyer intends to use the firearm to commit an unlawful act.

The letter you required this man to sign likely holds no legal effect, except as evidence that you had no knowledge. If a buyer isn’t eligible to possess firearms and a prosecutor charges you with a crime, that prosecutor must prove that you knew or had cause to believe that the purchaser was not eligible to possess or receive firearms  in order to convict you of that crime. Under TPC 6.03(b), a person acts with knowledge when he is aware of the nature of his conduct or that the circumstances exist. This means that even if you slip up and sell to the wrong person, if you took measures to ensure you were doing everything right, it will be difficult for a prosecutor to succeed in a case against you.

Though the nothing is formally required, here are some tips for engaging in private sales:

   Ask for identification to ensure the other party is a Texas resident.
   Execute a “bill of sale” for the transfer and keep a copy (if you call TLS prior to these transactions, an independent program attorney will be happy to send you a form you can use)
   Ask if there is any reason why the buyer cannot own a firearm

If ever you find yourself uncertain or nervous about a private sale, you can always have an FFL facilitate the transaction. That way, you ensure you’re participating in a lawful transaction.