To sell a gun in Texas as a private owner, you need to confirm the buyer is a Texas resident, at least 18 years old, and not prohibited by state or federal law from possessing a firearm, then hand over the gun with a bill of sale documenting the transfer. No background check, no state paperwork, and no registration is required for a private sale between two Texans. What the law does require is that you, personally, make sure the person you’re selling to is legally allowed to buy. Get that wrong and the penalties reach up to 15 years in federal prison.
Who You Can Legally Sell To
The buyer must be a Texas resident. Federal law prohibits an unlicensed person from transferring a firearm to anyone they know or have reasonable cause to believe lives in a different state.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts It doesn’t matter that the sale happens in Texas or that the buyer would be legal in their own state. If someone at a gun show or online tells you they’re from out of state, the only lawful way forward is to ship the firearm to a Federal Firearms Licensee in the buyer’s home state and let that dealer handle the transfer.
The buyer must be at least 18. Texas Penal Code Section 46.06 makes it an offense to sell any firearm to a person under 18, and federal law separately prohibits transferring a handgun to anyone under 18.2Texas State Law Library. How Old Do You Need to Be to Buy a Gun? One point that trips people up: licensed dealers cannot sell handguns to anyone under 21, but that restriction does not extend to private sellers. An 18-year-old can legally buy a handgun from you in a private sale even though a gun store would turn them away.
You cannot sell to anyone you know or have reasonable cause to believe falls into a federally prohibited category.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts You aren’t required to investigate the buyer, but you cannot ignore what’s in front of you. The federal disqualifiers include:
- A felony conviction or indictment (any crime punishable by more than a year)
- Being a fugitive from justice
- Unlawful use of or addiction to controlled substances
- Commitment to a mental institution or an adjudication of mental unfitness at age 16 or older
- Unlawful presence in the United States
- A dishonorable discharge from the military
- Renunciation of U.S. citizenship
- A qualifying domestic violence protective order
- A misdemeanor domestic violence conviction
Texas adds its own seller-side prohibitions under Penal Code Section 46.06. It is an offense to sell to a convicted felon before the fifth anniversary of their release from prison, parole, or community supervision; to sell a handgun knowing the buyer is subject to an active protective order; to sell a handgun knowing the buyer intends to use it unlawfully; or to sell any firearm to someone who is intoxicated.3State of Texas. Texas Penal Code Title 10 Chapter 46 – Section 46.06 Unlawful Transfer of Certain Weapons
A trap worth flagging: Texas allows a person convicted of a felony to possess a firearm at home once five years have passed since release. Federal law contains no such exception and bans anyone with a felony conviction from possessing any firearm, permanently.4Texas State Law Library. Can Someone With a Felony Conviction Own a Gun? Selling to a felon after the Texas five-year window still exposes you to federal prosecution. Federal law wins on this point.
Using a Licensed Dealer vs. Selling Privately
Neither Texas nor federal law requires a background check for a private sale between two Texans, and no paperwork gets filed with any agency.5Texas State Law Library. How Can I Sell My Gun to Another Person? The tradeoff is that verifying the buyer’s eligibility falls entirely on you.
You can eliminate that risk by routing the sale through an FFL. Sell directly to a gun store or pawn shop and the dealer handles all compliance. Sell to a private buyer through an FFL and the dealer runs the buyer through the National Instant Criminal Background Check System and completes the federal transfer form before releasing the firearm.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide Dealer fees for facilitating a private transfer typically run $20 to $75, so call ahead. For a high-value firearm, or any sale where something about the buyer feels off, the fee is money well spent.
Writing a Bill of Sale
Texas does not require a bill of sale.5Texas State Law Library. How Can I Sell My Gun to Another Person? Skip it anyway and you have nothing showing you no longer own the gun. If the firearm turns up at a crime scene months later, the paper trail is what separates you from what happened after it left your hands.
A useful bill of sale covers:
- Full names and addresses of both buyer and seller
- The buyer’s identification number from a driver’s license or License to Carry
- Firearm make, model, caliber, and serial number
- Sale price and date
- A signed statement from the buyer affirming they are not prohibited under state or federal law from possessing a firearm
That last item carries real weight. A signed affirmation won’t shield you if you actually knew the buyer was prohibited, but it shows you took reasonable steps to verify eligibility. Both parties should keep a signed copy.
Meeting the Buyer
Meet in a public, well-lit location. Many Texas police station parking lots are set up specifically for this kind of exchange. Meeting at a local FFL is another option, and it gives you the ability to run a background check on the spot if something feels wrong.
Before anything changes hands, check the buyer’s government-issued photo ID. Confirm the name, address, and date of birth match the bill of sale and that the ID is current. If the buyer pushes back on showing ID or wants to skip the paperwork, walk away. Legitimate buyers understand why you’re asking.
Unload the firearm before the exchange and use a case or bag if you can. Once both parties have signed the bill of sale and payment is complete, the sale is done. No agency notification is required after the fact.
When Selling Turns Into Illegal Dealing
Selling a few guns from your personal collection is legal. Repeatedly buying and reselling firearms to make money is dealing, and doing that without a federal firearms license is a felony carrying up to five years in prison.7Office of the Law Revision Counsel. 18 USC 924 – Penalties
The Bipartisan Safer Communities Act, signed in 2022, tightened the definition of what it means to be “engaged in the business” of dealing firearms. Under the current standard, anyone who devotes time and effort to buying and reselling firearms “to predominantly earn a profit” needs a license.8Congressional Research Service. Firearms Dealers Engaged in the Business The law still leaves room for selling off a personal collection, making occasional trades, or selling as part of a hobby. There is no numeric threshold. What matters is whether your pattern of buying and reselling looks like a business.
Suppressors and Other NFA Items
If you’re transferring a suppressor, short-barreled rifle, short-barreled shotgun, machine gun, or other item regulated under the National Firearms Act, the private-sale rules above do not apply. Even a Texan-to-Texan transfer of an NFA item requires federal approval before the item can change hands.
The transfer runs on ATF Form 4. The buyer submits photographs, fingerprint cards, and notice to their local chief law enforcement officer, and the item stays with you until the ATF approves the application. As of January 1, 2026, the transfer tax on suppressors, short-barreled rifles, short-barreled shotguns, and “any other weapons” dropped to $0 under the One Big Beautiful Bill Act signed in July 2025. Machine guns and destructive devices still carry the $200 tax.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transfer and Register NFA Firearm (Tax-Paid) ATF Form 5320.4
Penalties for Getting It Wrong
Federal and Texas charges can stack on the same transaction. Under federal law, knowingly selling a firearm to a prohibited person carries up to 15 years in prison, and the “knowingly” standard includes situations where you had reasonable cause to believe the buyer was disqualified. Dealing firearms without a license is a separate federal offense carrying up to five years.7Office of the Law Revision Counsel. 18 USC 924 – Penalties
Under Texas law, most violations of the unlawful transfer statute are Class A misdemeanors, punishable by up to one year in jail and a fine of up to $4,000. Selling a firearm to someone under 18 is elevated to a state jail felony carrying 180 days to two years in a state jail facility. Parental or legal guardian written permission is an affirmative defense to the under-18 charge, meaning you would have to prove you had it if charged.3State of Texas. Texas Penal Code Title 10 Chapter 46 – Section 46.06 Unlawful Transfer of Certain Weapons
A single traceable sale is enough to trigger prosecution. ATF actively investigates private sales that put firearms into prohibited hands, and the risk isn’t theoretical. The paperwork, the ID check, and the willingness to walk away from a bad buyer are what keep a legal sale legal.