How to Sell Guns Legally
How to Sell a Gun in Texas
Are you looking to sell a gun in Texas? There are any number of reasons you might desire to sell a firearm. First, firearms are an investment; there may come a time when you wish to liquidate that investment. You may inherit firearms that you don’t want, or – and what gun guy hasn’t been here – need to sell a guy to finance another build.
There is some legal risk attached to selling guns. This guide will walk you through those risks and help you understand how to stay on the right side of the law. And – laws aside – how to sell a gun with a clean conscience.
The Short Answer: The safest and most convenient way to sell guns legally – and one that takes all of the guesswork out – is to sell through Texas Gun Experience or another licensed FFL dealer.
Where You Can Sell Guns Legally
FFL Dealers: Gun Stores and Pawn Shops
Texans take the Second Amendment seriously, and In Texas gun owners are blessed with a dearth of gun laws that affect Americans across much of the rest of the United States. There are a lot of options for selling your guns in Texas. The three most common are gun stores, pawn shops, and private sales.
Pawn shops and gun stores work similarly…and differently. Both are Federal Firearms License (FFL) holders. As a result, both have the strongest legal protection when buying and selling firearms. In short, you are very unlikely to run afoul of the law if you are selling to a licensed dealer. Pawn shops and gun shops may work differently on the financial end, however. Pawn shops often sell guns via consignment sale. This means that the gun is placed in the display with a price tag on it. If the gun is sold, the seller gets a portion of that money, and the pawn shop gets a big cut.
Gun Shop Buying Process
Some gun shops operate on consignment, as well. More likely, however, gun stores like the Texas Gun Experience, will buy your firearms outright and resell them. This saves you from waiting endlessly for the shop to find a buyer, and as often as not, puts more money in your hands.
Private Party Transactions: Benefits and Risks
The other option is to sell guns face-to-face in private party transactions. This is perfectly legal in Texas (as we will discuss in the next section) but there are some very important pitfalls to avoid! There are also some serious complications. First, private sellers have to find a potential buyer. If one of your buddies wants to buy your gun, you’re in luck! If not, or if you want top-dollar for your firearm, finding a buyer will likely be more difficult.
If you find a buyer who you don’t know, you are essentially selling a gun to a stranger. This is fraught with some inherent risk. There is some physical danger; you don’t know the person involved in the transaction. Or the person might just try to rip you off, or show up with substantially less than the agreed-upon amount and say, “Sorry, that’s all I was able to come up with” (yes, this last example comes from personal experience!). There’s also the much more common hassle of meeting prospective purchasers who back out of a sale (again, the voice of experience).
And there is some risk to selling a gun to someone you don’t know. Again, Texas is short on gun laws that restrict your freedom to sell your guns as you see fit. But none of us wants to facilitate a crime by selling to a criminal. You also don’t want the civil responsibility that may ensue if you sell a gun to a prohibited person.
Again, private-party sales are an immensely popular option. They are not risk-free, however. We’ve mentioned that Texas has relatively few gun laws, but there are some by which you have to abide. Let’s take a look at a few of those.
Understanding Texas Gun Sale Laws vs Other States
Let’s look at a few types of gun laws and how those laws affect Texans versus individuals in other states. Keep in mind this is not legal advice, just a layman’s rundown of some gun laws you should be aware of.
Background Check Requirements
In some states, sellers must have a dealer run a universal background check and facilitate a firearm transfer, even in a face-to-face, private-party transaction. Texas has no state law requiring a background check for firearm transactions between a buyer and an unlicensed seller.
If you’re selling a gun to your nephew or your brother, you don’t need a background check. However, if you are selling a gun to a stranger you met on the Internet, all bets are off, and we don’t recommend you “vouch” for that guy by selling him a gun the first time you meet him. You could open yourself up to civil liability.
Keep in mind that per federal regulation, FFL dealers must run a NICS (National Instant Criminal Background Check) upon selling a firearm.
Licensing and Age Restrictions
License Requirements: Texas does not require a license to own, purchase, or carry firearms! A License to Carry does give you reciprocity in other states, expedites firearms purchases, and lets you carry in some otherwise restricted locations.
Age restrictions: Age restrictions in Texas mirror federal law. You must be 18 to purchase a long gun (rifle or shotgun) and 21 to purchase a pistol or revolver.
Waiting Periods and Carry Laws
Waiting Periods: Though they are in some states, waiting periods for gun sales are not a thing in Texas.
Concealed vs Open Carry: Texas is a Constitutional Carry State. As long as you are 21 years old, and not a prohibited person (convicted felon, user of controlled substances, etc.), you can carry openly or concealed. The Texas LTC does have some benefits, but it’s not necessary to carry a gun in Texas.
Registration Requirements
We chuckle when we hear something about “that gun isn’t registered” in a movie. In Texas, we’re not even sure what “registering” a gun is, because it doesn’t exist here. In some states, it seems, you have to let the government know what you own, but not here. Keep in mind there are special laws that govern National Firearms Act (NFA) items like machine guns, short-barreled rifles, and short-barreled shotguns.
Preparing Your Guns for Sale
Inspection and Cleaning
Getting your guns ready for a sale is a pretty simple process. First, inspect them and know what condition they are in. Even if not in pristine condition, they probably still have some value, especially if they are antique firearms. Make sure they are clean; a clean gun shows its value better than a dirty one.
Pricing and Testing
Research market values and have some idea of what you want for it. Keep in mind that you likely won’t get the same price as a brand-new gun. Have an estimate in mind, however. Finally, do some range testing so you know how your gun functions. Never misrepresent this and stick to the facts: it works as intended, or it doesn’t.
We Buy & Trade Guns!
Texas Gun Experience Buys Guns! When you need to sell a gun there is no reason to have to go through the painful process of private transactions: posting an ad, answering emails and calls, meeting potential buyers who might back out… Do it the easy, safe, convenient way, with a licensed dealer like Texas Gun Experience!
What should you expect out of a firearm sale at Texas Gun Experience? The process could not be simpler. First, bring in your unloaded firearm. Our experts will evaluate and look at market values and trends. We will make you an offer, and you can use that toward in-store credit, or take cash money.
People Also Ask…
There are some commonly asked questions that we hope can streamline your purchase process.
What do I need when I come in?
If you are coming in for a sale, you will need the gun you are selling and government-issued identification. If you have a Texas LTC, bring that as well.
Do I have to do paperwork?
If you are purchasing a gun (or trading for one), YES. For firearms purchases, you will have to fill out ATF Form 4473.
What if my gun is old, rusted, or broken?
Bring it! There are only a few reasons we won’t purchase a gun. We don’t purchase guns lacking a serial number, machine guns, or other restricted assault weapons.
Can I get a quote over the phone or email?
Unfortunately, we can only quote prices in-store, so come on in!
I’m interested in buying a gun. Where can I find information about that process?
Check out our comprehensive guide on “How to Buy a Gun” for everything you need to know about purchasing firearms in Texas.
About the author:
Bryan Rastok
Bryan is a former Marine with a deep passion for firearms and marksmanship. A dedicated gun enthusiast, he has extensive knowledge of weaponry, tactics, and firearm safety.
