A Texas firearm bill of sale is a document you can use to record the sale 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 Texas firearm bill of sale will capture the seller and buyer details, the firearm description, and the purchase information.
No, Texas has no law requiring a waiting period before one can purchase a firearm.
Firearm laws: Texas Penal Code § 46.06, Texas Penal Code § 46.02, Texas Gov’t Code § 411.173(b)
Restrictions: Yes
State permit to purchase: No
Registration of firearm: No
License to own: No
Assault weapon law: No
Magazine capacity restriction: No
Permit for concealed carry: No
Permit for open carry: No
How to Sell a Firearm Privately
Private individuals can sell guns in the state.
Requirements
There are no requirements to own or carry a gun in the state.
Restrictions
Texas Penal Code § 46.06 makes the following actions an offense:
- 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
This list is not exhaustive, and other prohibited actions are under the section.
Furthermore, Texas firearm laws on ownership and possession of firearms are more relaxed than federal laws. But there are some restrictions under Texas Penal Code § 46.04:
- 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. (Texas Penal Code § 46.04(a))
- 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. (Texas Penal Code § 46.04(b))
- Persons subject to a magistrate’s temporary Protective Order may not possess firearms if the magistrate forbids possession. (Texas Penal Code § 46.04(c))
Since US laws is more stringent than Texas law, refer to 18 U.S.C. § 922(g) for further restrictions.
Firearm Inheritance
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 rim fire or center fire ammunition, are not considered firearms according to Texas Penal Code § 46.01(3).
Registration
Texas does not require you to register a firearm purchase.
The state has no regulation requiring firearms records to be sent to the police.
Concealed Carry Permit
According to House Bill 1927, you can conceal or open carry a firearm in a holster if you’re 21 years and above, as long you don’t fall into any of the categories of people prohibited from doing so without a license to carry (LTC) (Texas Penal Code § 46.02).
How To Apply
Follow these steps under Texas Gov’t Code § 411.174 to obtain an LTC for additional benefits and reciprocity purposes.
Step 1 – Fill Out Application
Apply online through the Texas Department of Public Safety – Regulatory Services Division. Attach all necessary documents to the application form.
Step 2 – Pay Fees
You must pay application fees to the Department of Public Safety. The standard fee is $40.
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.
Gun Reciprocity
Per Texas Gov’t Code § 411.173(b), Texas negotiates reciprocity with other US states.
Texas recognizes concealed weapons permits in all states other than the following states:
- Maine
- Minnesota
- New Hampshire
- Oregon
- Vermont
- Wisconsin
All US states apart from the following states recognize Texas LTC:
- California
- Connecticut
- Hawaii
- Illinois
- Maryland
- Massachusetts
- Minnesota
- New Jersey
- New Hampshire
- New York
- Oregon
- Rhode Island
- Washington
Texas Firearm Bill of Sale Sample
