Texas law allows private gun transfers between individuals without requiring a background check or formal registration. However, there are still legal rules to follow to ensure the transfer is lawful. Whether you are giving a gun to a family member or selling one to a friend, knowing the legal requirements can help you avoid problems.
Who Can Legally Receive a Gun in Texas?
Texas law prohibits the transfer of a firearm to someone who:
- Is under 18 years old (unless given to them by a parent or guardian for legal use such as hunting or self-defense at home).
- Has a felony conviction and has not completed the required five-year waiting period after release.
- Is under a domestic violence protective order.
- Has been convicted of certain misdemeanor domestic violence offenses.
- Is intoxicated at the time of the transfer.
- Plans to use the gun for an illegal purpose.
Federal law also prohibits gun transfers to individuals who are fugitives, unlawful drug users, or have been dishonorably discharged from the military.
Do You Need to Register the Gun Transfer?
Texas does not have a state gun registry. That means private individuals do not need to file paperwork or report the transfer to the government. However, if the firearm being transferred falls under the National Firearms Act (such as a short-barreled shotgun, machine gun, or silencer), federal law requires the transfer to go through a licensed dealer with proper registration.
Selling or Gifting a Firearm in Texas
If you are transferring a firearm to someone as a gift or through a private sale, follow these steps:
- Confirm the recipient is eligible – You cannot knowingly transfer a gun to someone prohibited from owning one.
- Document the sale or transfer – While not required, it is a good idea to create a bill of sale that includes:
- The date of the transfer
- The firearm’s make, model, and serial number
- The buyer’s or recipient’s name and contact information
- A photocopy of the recipient’s Texas driver’s license or License to Carry
- Avoid selling a gun to someone who appears intoxicated or suspicious – If something does not seem right, you have the right to refuse the sale or transfer.
Transferring a Firearm to Someone in Another State
Under federal law, private gun transfers across state lines must go through a federally licensed firearms dealer (FFL). This means that if you are selling or gifting a gun to someone who does not live in Texas, the firearm must be shipped to an FFL in the recipient’s state, where they will need to complete the required paperwork and background check.
Keeping Records for Legal Protection
Even though Texas does not require private sellers to keep records, doing so can protect you. If the firearm is later used in a crime, having proof of the transfer can help show you are no longer responsible for it. A simple bill of sale signed by both parties is a good way to document the transfer.
If you are transferring a gun to someone in Texas, make sure they are legally allowed to own a firearm. While private sales and gifts do not require background checks, it is important to document the transaction for your protection. If you have any concerns or legal questions about gun transfers, contact Gallian Firm at (214) 432-8860 for legal guidance.