Are Private Gun Sales Legal in Texas?
Yes, and no federal or Texas state background check is required for private, in-state, person-to-person sales. Here’s what applies.
Texas allows firearm sales between private individuals residing in Texas without going through a federal firearms dealer. Federal law also generally allows in-state private sales without an FFL, so long as both parties are residents of the same state and the sale isn’t part of engaging in the business of dealing firearms.
What’s legal
- Two adult Texas residents can sell or trade a firearm between themselves.
- No state or federal background check is required for the private sale itself.
- No paperwork is required by Texas state law.
- Both parties must be legally allowed to possess a firearm.
What’s illegal
- Selling to a person you know or have reasonable cause to believe is a prohibited person. That’s a federal felony.
- Selling to a person who’s not a Texas resident, unless you go through an FFL.
- Straw purchases: buying a firearm on behalf of someone else who’s a prohibited person.
- Selling as part of engaging in the business of dealing firearms without an FFL.
Best practices even when the law doesn’t require them
- Meet at a public place, gun store parking lot, coffee shop, or a law enforcement lobby.
- Ask for a Texas driver’s license and verify residency.
- Draft a bill of sale with both parties’ info, the firearm make, model, serial number, and date.
- Keep a copy.
Just because the law doesn’t require paperwork doesn’t mean you shouldn’t create some. A five-minute bill of sale protects both sides.
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.
