Hey Deputy, I've always wondered when I see guys at gunshows walking around with guns for sale (parking lot sales). Is it still legal for an individual to sell a firearm to someone else with no exchange of info? I realize their must be a ton of liability issues. But I was wondering about what Federal & Texas Laws have to say about it? If the buyer commits a crime with the gun can the seller be prosecuted under the Law?
Question for Deputy125???
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as far as State law, it is governed by chapter 46 of the Texas Penal code. With out going into all the giberish lawyer talk of the section, it basicly comes down to these points:
Don't transfer to anyone under 18 yoa(exceptions available for your child)
don't transfer to a known felon
don't knowingly transfer to someone under a protective order
don't transfer to an intoxicated person
don't transfer to someone you know is pi**ed and about to commit a crime
There is nothing in State law that i am aware of that says you must obtain the ID of the buyer for your records or prohibits you from a "private treaty" transfer of a weapon anywhere, including a show. But i believe it is in your best interests to obtain a bill of sale with ID info if you are buying or selling in any weapon transfer just to cover yourself liability wise.
As far as i know there is nothing in the federal regs about such either but i mainly am concerned about State law. I'm familar with a few federal regs and they purty much follow our State law. They also mention speciically do not transfer an handgun to the resident of a different State other than your own. There are a few others that i can't remember and if it ain't State law, i just let the ATF boys worry about it.
Now as far as city regulations, i just don't know. Some municipalities may have ordinances governing such on city/county property at a gun show----but i'm not aware of them but its possible.
Don't transfer to anyone under 18 yoa(exceptions available for your child)
don't transfer to a known felon
don't knowingly transfer to someone under a protective order
don't transfer to an intoxicated person
don't transfer to someone you know is pi**ed and about to commit a crime
There is nothing in State law that i am aware of that says you must obtain the ID of the buyer for your records or prohibits you from a "private treaty" transfer of a weapon anywhere, including a show. But i believe it is in your best interests to obtain a bill of sale with ID info if you are buying or selling in any weapon transfer just to cover yourself liability wise.
As far as i know there is nothing in the federal regs about such either but i mainly am concerned about State law. I'm familar with a few federal regs and they purty much follow our State law. They also mention speciically do not transfer an handgun to the resident of a different State other than your own. There are a few others that i can't remember and if it ain't State law, i just let the ATF boys worry about it.
Now as far as city regulations, i just don't know. Some municipalities may have ordinances governing such on city/county property at a gun show----but i'm not aware of them but its possible.
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Private sales here are like that. I just get a reciept and that makes it legal. They're trying to stop all private sales at gun shows in a lot of states because back ground checks are not required. There's been mention of it here too. I've never been to a gun show. Missed one just a couple of weeks ago. 
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That's why I don't go, Wizard. I can buy what I want at my local gun shop and be happy.
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I will get to one yet. I forgot about the last one and I had just spent $175 on a digital scale.
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