A Texas firearm bill of sale is a document that records the sale and conveyance of ownership of a gun in the state.
Although Texas laws do not mandate using a firearm bill of sale to record the transfer of firearm ownership from one party to another, it is recommended. The bill of sale captures the seller and buyer details, the firearm description, and the purchase information.
State Laws for Selling a Gun in Texas
Minimum Age to Purchase
A buyer must be at least 18 to purchase a gun in a private sale. [1]
However, federal restrictions apply when the seller is a federally licensed dealer. The buyer can’t be younger than 21 when buying any firearm that isn’t a shotgun or a rifle, and they can’t be younger than 18 when buying a shotgun or a rifle. [2]
Permit for Purchase
Texas doesn’t require buyers to hold a permit when purchasing a gun. If they buy from a federally licensed dealer, they must complete a background check before purchasing.
Register a Gun
Texas does not require you to register a firearm purchase. The state has no regulation requiring firearms records to be sent to the police.
Open Carry Permit
Texas allows open carry for anyone over 21 qualified to possess a gun. [3] If a handgun is wholly or partially visible, it must be in a holster.
Per the federal court case Firearms Policy Coalition, Inc. et al., v. Steven McCraw, et al., 18- to 20-year-olds can’t be prosecuted under this restriction simply because of their age. [4] Courts must consider other factors to determine if they’re legally allowed to carry.
Concealed Carry Permit
Similar to open carry, you can carry a concealed weapon without a permit as long as you don’t fall into any of the categories of people prohibited from doing so without a license to carry (LTC). [5]
However, you can still apply for an LTC for reciprocity in other states and additional training on firearm use.
How to Apply
Follow these steps to obtain an LTC: [6]
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Step 1 – Fill Out Application: Apply online through the Texas Department of Public Safety – Regulatory Services Division. Submit all necessary documents, including the following:
- Valid driver’s license or ID card
- Valid email address
- Current employment contact, address, and demographic details
- (For new users only) Employment and residential information for the last five years (new users only)
- Information regarding any criminal, alcohol, drug, or psychiatric history.
- Step 2 – Pay Fees: You must pay application fees to the Department of Public Safety. The standard fee is $40, and it’s nonrefundable.
- Step 3 – Get Fingerprinted: Schedule an appointment to capture your fingerprints.
- Step 4 – Complete Training: Take four to six hours of training, pass the exam, and obtain a passing score on a proficiency test. [7]
Gun Reciprocity
Texas negotiates reciprocity with other US states. [8] It recognizes concealed carry permits from 37 other states.
Restrictions on Firearm Ownership
Texas law makes the following actions an offense: [1]
- Selling a firearm to a person if you know or have reasons to believe they are not allowed to own firearms
- Knowingly selling firearms to an intoxicated person
- Selling firearms to a person who you know is less than 18 years old
- Selling a firearm to a person who you know intends to use it unlawfully
Furthermore, Texas firearm laws on ownership and possession of firearms are more relaxed than federal laws. However, some of the restrictions under state law include the following: [9]
- Persons under 18 years cannot buy a long gun (shotgun or rifle), and those under 21 years cannot buy a handgun from a licensed dealer.
- Persons convicted of a felony may not possess a firearm until five years have passed since the release from confinement, supervision, or parole. After this period, they can only possess a firearm within their premises.
- Persons convicted of family violence punishable as a Class A misdemeanor may not possess a firearm until five years after their release from confinement and community supervision after the conviction.
- Persons subject to a magistrate’s temporary Protective Order may not possess firearms if the magistrate forbids possession.
Since US law is more stringent than Texas law, refer to 18 USC § 922(g) for further restrictions.
Firearm Inheritance Laws
The beneficiary of a deceased person can inherit firearms if they don’t fall under any of the categories of persons prohibited from owning guns under federal and state laws. So, you can inherit firearms if you are legally qualified, and there’s no need to register them.
However, transferring NFA firearms follows different rules. NFA firearms are weapons regulated under the National Firearms Act, including short-barreled shotguns and rifles, silencers, suppressors, and machine guns.
Rules are different if the firearm is an antique. Antique or curio firearms manufactured before 1899, or their replicas, which do not use rimfire or centerfire ammunition, are not considered firearms, according to Tex. Pen. Code § 46.01(3).
