Legal Templates

Texas Firearm Bill of Sale Form

Create a firearm bill of sale form to document a gun’s sale and ownership transfer in Texas.

Updated March 28, 2023 | Legally reviewed by Susan Chai, Esq.

Use our Texas Firearm Bill of Sale form to record the details of your gun sale in the Lone Star State.

Table of Contents

What is a Texas Firearm Bill of Sale?

You can use a Texas firearm bill of sale to record the sale of firearms 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.

What Are the Requirements for Selling a Firearm in Texas?

Texas has detailed provisions regulating the sale of firearms in the state.

Here are the essential things to note if you want to buy or sell a firearm in Texas:

Private Parties Selling Firearms in Texas

Private individuals can sell guns in the state.

However, there are specific prohibitions of which you need to be aware:

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.

Does the Law in Texas Require a Firearm Bill of Sale?

No, Texas law does not have any law requiring a firearm bill of sale. However, using one to record the transaction is important.

A Texas firearm bill of sale will provide proof of the transfer of ownership of the firearm from you to another person and can protect you from liability if, for instance, the firearm is used to commit a crime.

Firearm Inheritance Laws in Texas

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.

Because transferring NFA firearms can be complex, the best way to transfer NFA firearms to beneficiaries is to create a gun trust.

Also, 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). 

Documents Needed To Complete a Firearm Bill of Sale in Texas

Using a Texas firearm bill of sale to record firearm sales is not compulsory. So, you don’t need any other document.

Additional Texas Firearm Laws

Other regulations on firearm sales in Texas include:

Who Cannot Purchase a Firearm in Texas?

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))

Does Texas Have a Waiting Period for Firearm Sales?

No, Texas has no law requiring a waiting period before one can purchase a firearm.

Can You Buy a Firearm in Texas Without Registering It?

Yes. Texas does not require you to register a firearm purchase.

Does a Firearm Bill of Sale Have To Be Notarized in Texas?

No. Texas doesn’t require a firearm bill of sale. So, although notarization is advised, it’s optional.

Is a Record of Firearms Sent to Police in Texas?

No, Texas has no regulation requiring firearms records to be sent to the police. 

Concealed and Open Carry Laws in Texas

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 To Carry a Firearm in Texas

Follow these steps under Texas Gov’t Code § 411.174 to obtain an LTC for additional benefits and reciprocity purposes. 

  1. Apply online through the Texas Department of Public Safety – Regulatory Services Division. Attach all necessary documents to the application form.
  2. Pay application fees to the Department of Public Safety. The standard fee is $40.
  3. Schedule an appointment to capture your fingerprints.
  4. Complete four to six hours of training, pass the exam, and a proficiency test.

Texas Firearm Reciprocity

Per Texas Gov’t Code § 411.173(b), Texas negotiates reciprocity with other U.S. states. 

State Permits Texas Recognizes

Texas recognizes concealed weapons permits in all states other than the following states:

  • Maine
  • Minnesota 
  • New Hampshire 
  • Oregon 
  • Vermont 
  • Wisconsin

States That Recognize Texas LTC

All U.S. 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 

How To Write a Firearm Bill of Sale in Texas

Follow these steps to write a Texas firearm bill of sale.

Step 1 – Add the Seller and Buyer’s Details

Write the seller’s and buyer’s full names and mailing addresses. Including both parties’ driver’s licenses or state identification numbers is advised.

Step 2 – State the Firearm’s Description

Write the manufacturer, the model number, serial number, caliber, and other particulars that may be used to identify the gun later.

Step 3 – Add the Date and Location of the Sale

This shows the date the firearm was transferred from the seller to the buyer.  

Step 4 – State the Price of the Firearm and the Method of Payment

State the details of the sale, including the sale price of the firearm and payment arrangement.

Step 5 – Add the Parties’ Signatures

Add the parties’ signatures to complete the transfer of ownership from the buyer to the seller.

Summary

Private individuals in Texas can validly transfer firearm ownership from one party to another without registration, background check, or license.

Use our Texas firearm bill of sale form as a guide, or use our builder to create a firearm bill of sale in Texas.

Texas Firearm Bill of Sale Sample

texas firearm bill of sale