Selling your firearm checklist
This is a practical checklist for a compliant transfer. If anything feels unclear or high-risk, using a licensed dealer is the simplest way to ensure the transfer is correctly documented and legally compliant.
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1
Confirm the buyer is a Texas resident and legally eligible.
Texas allows private sales between residents, but sellers must not transfer firearms to prohibited persons. If eligibility is uncertain, do not proceed.
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2
Avoid interstate private transfers.
Private firearm sales across state lines are prohibited. If the buyer is not a Texas resident, the transfer must go through a licensed dealer.
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3
Document the transaction responsibly.
While Texas does not mandate paperwork for private sales, maintaining a bill of sale and transaction details can help protect the seller if questions arise later.
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4
Confirm the firearm is lawful to transfer.
Certain firearms are restricted under federal law. Ensure the firearm itself is legal to transfer before completing the sale.
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5
Consider selling directly to a licensed buyer.
Selling to a federally licensed buyer like WeBuyGuns.com eliminates uncertainty by handling compliance, shipping and documentation for a clean transfer.
Updated: February 14, 2026
State laws for selling a gun in Texas
Texas allows private firearm sales between residents, but sellers are still responsible for ensuring the buyer is eligible and the transfer is lawful under state and federal law.
If anything about the buyer, residency, or the firearm’s status is unclear, use a licensed dealer transfer or sell to a licensed buyer and confirm details using the official resources below.
| Topic | Status | Notes |
|---|---|---|
| Background check for private transfers | NO | Texas does not require a background check for a private, in-state transfer between Texas residents. Sellers must still avoid transferring to prohibited persons. |
| Waiting period | NO | Texas does not impose a state waiting period for firearm transfers. |
| Can I sell to an out-of-state buyer | NO, unless you go through an FFL | Do not transfer a firearm privately across state lines. Route the transfer through a licensed dealer in compliance with federal law. |
| Minimum age: Dealer | YES | From a Licensed Dealer (FFL): 18+ for long guns, 21+ for handguns under federal law. |
| Minimum age: Private transfer | YES | Texas has restrictions around transfers to minors and child access. If age is unclear, do not proceed and use an FFL for guardrails. |
| Prohibited persons | Do not sell | Never sell to someone you know or reasonably suspect is prohibited under federal law. Stop the transaction if red flags appear. |
| Bill of sale | Not required | Not required by Texas for a standard private sale but strongly recommended. Record buyer name, Texas residency, date and firearm make, model and serial. |
State law details
Understanding Texas firearm sale rules
A detailed breakdown of common requirements.
Understanding Texas firearm sale rules
Identification & documentation
Texas private sales can be simple, but documentation is still your best protection. Confirm the buyer is a Texas resident, verify identity and keep a basic paper trail that shows the firearm was transferred out of your possession.
- Private sale: confirm the buyer is a Texas resident and verify identity
- Recommended: use a basic bill of sale and record the transfer date
- Record firearm details (make, model, serial) and keep the document for your files
- Tex. Penal Code § 46.06 - Unlawful transfer of certain weapons in prohibited situations, including transfers to prohibited recipients
Background checks in private sales
Texas does not require a background check for private, in-state transfers. Dealer transfers do require the standard federal background check process and provide stronger documentation if you want a clean compliance record.
- Private in-state sale: no Texas background-check requirement
- Dealer transfer: background check is required and the dealer controls the transfer process
- Interstate scenario: treat it as dealer-required and route it through an FFL
- 18 U.S.C. § 922(a)(5) - Federal rule that generally prohibits private interstate firearm transfers without an FFL
Age & eligibility
Texas does not run private-sale eligibility checks for you. Your risk goes up if you transfer to someone who cannot legally possess a firearm. If age or eligibility is unclear, stop the sale or use a dealer transfer.
- FFL transfers: 18+ long guns and 21+ handguns under federal rules
- Do not transfer to anyone you know or reasonably suspect is prohibited
- When eligibility is unclear, use a dealer transfer for documentation and compliance guardrails
- 18 U.S.C. § 922(d) - Federal prohibition on transferring firearms to prohibited persons
- Tex. Penal Code § 46.04 - Unlawful possession by certain persons under Texas law
Waiting periods
Texas does not impose a state waiting period. Any delay you experience is usually procedural, such as dealer scheduling, transfer intake or background check processing when an FFL is involved.
- No Texas waiting period for private transfers
- Dealer transfers can be delayed by background check timing or dealer processing
- If speed matters, bring clean documentation and follow the dealer’s instructions closely
Prohibited persons
Federal law sets the baseline categories of prohibited persons. For private transfers, your legal risk increases if you ignore red flags or proceed when you reasonably suspect the buyer is prohibited.
- Do not sell if you know or reasonably suspect the buyer is prohibited
- Red flags: refusal to show ID, evasive answers, urgency to avoid paperwork, straw-purchase vibes
- If anything feels off, stop the transaction or route it through a licensed dealer
- 18 U.S.C. § 922(d) - Federal prohibition on transferring firearms to prohibited persons
- Tex. Penal Code § 46.06 - Unlawful transfer provisions that can apply when transferring to prohibited recipients or prohibited circumstances
- Tex. Penal Code § 46.13 - Making a firearm accessible to a child (safe storage and access prevention considerations)
Private sales still carry responsibility
Texas law allows private firearm sales, but sellers remain legally responsible for ensuring the buyer is eligible and the transfer is lawful. Selling directly to a licensed buyer removes uncertainty and compliance risk.
We’ve purchased over 760 firearms from Texas sellers through a fully licensed process that handles eligibility checks and federal transfer requirements.
Texas residents must follow federal laws for private transactions
ATF guidance and prohibited person requirements
Federal law requires that the buyer of a firearm must be legally eligible to own a gun.
