[WTS] Selling a sig 380 estimAted 20-30 years old. Compliance question.
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  1. #1
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    Selling a sig 380 estimAted 20-30 years old. Compliance question.

    My wife has this Sig 380. It belonged to her husband who is now deceased -- was his, she inherited his property, now hers. She/we want to sell it as it is not useful to us.

    No paperwork has been completed specifically declaring the gun in her name. All property has been inherited just not to this level of detail.

    We want to do the legally correct thing. Can she sell the gun listing her as the owner or does more work need to be done to record it in her name before selling? We just don't want to get any after sale surprises.

    We currently intend to sell through a ffa dealer to make it clear.

    Advice is appreciated.


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    Nothing you need to do in Texas. It's her gun, she can sell it. After the original sell there's nothing that would track the change of ownership amongst private citizens.

    I was in a shop here in Dallas when a girl came.in and asked if the owner would do a transfer for her. He said yes, then asked if she knew the guy, she said it was her boyfriend. "Why not just give it to him?" She said the gun was originally bought in Chicago. He said "you're in Texas now, if you want to give it to him, just give it to him"

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    Last edited by MtStream; 12-03-2016 at 11:07 PM.
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    I have (bought) sold dealer to dealer, dealer to person, person to person, and I have given as gifts.


    Gotta luv Texas !




    Last edited by Otintx; 12-04-2016 at 07:03 AM.

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    Yep. In texas you can transfer to family without issue. If their a felon, they 'may not' accept it.But, it on them. If your aware he's not legal, don't do it. But, as long as he is legal, give it to him. Don't pay for a transfer inside Texas.
    Last edited by tim414; 12-04-2016 at 02:31 PM.

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    Quote Originally Posted by tim414 View Post
    Yep. In texas you can transfer to family without issue. If their a felon, they 'may not' accept it.But, it on them. If your aware he's not legal, don't do it. But, as long as he is legal, give it to him. Don't pay for a transfer inside Texas.
    I suppose you should keep some signed paper saying that the buyer now has full responsibility? I wouldn't want to get into a hassle involving a stolen gun and a crime.


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    If you want you can make up a bill of sale. That's probably the most you'll get someone to sign. Since you do have to confirm they are a resident of Texas (see a driver's license) a buyer might agree to letting you take down their DL, but they may not be comfortable letting you take it. Having a bill of sale is enough to establish you sold the gun.

    There are a couple of other options for you if you're uncomfortable. Even though it's not necissary, you can use a local FFL to do a transfer for you. Typically, you'll have to pay a transfer fee and the buyer will also have to pay one (transfer the gun from you to the FFL then from the FFL to the buyer). Some FFL's might only charge for one transfer.

    Another option is to sell online (forum or gunbroker). The buyer has to send you a copy of an FFL's license. You ship to the FFL and they transfer the gun to the buyer. Downside is you have to ship overnight and the shippers limit where you can drop the shipment off at. Expect it to cost about $60.

    If you need to find a local FFL Gunbroker has a search function. I found one near my home that only charges $10.

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  8. #7
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    Thanks for responses! One additional one, especially for the TX residents: what if I want to transfer a firearm to a friend or family member in another state? I assume Texas transfer laws wouldn't apply. Would a FFL transfer be best? Or, another option?


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  9. #8
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    Are you going to gift it to a family member or friend or sell it? My understanding, which is iffy:

    If you are giving the gun as a gift then you can do so without an FFL transfer - this may vary by state as some states (Oregon I think) have made almost every time a gun changes hands to require a background check.

    If you are selling it to a non-Texas resident you need to use an FFL.

    Having said that, I did have an FFL tell me I didn't have to do a transfer on a face to face purchase I did with someone from Louisiana. I did the transfer anyways because the other guy was uncomfortable and I didn't want to loose the deal over it. I didn't press the FFL but I'm pretty sure he was wrong.
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  10. #9
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    Found an NSSF Blog entry on giving a firearm as a gift Giving a Firearm as a Gift? Some Reminders from NSSF | NSSF Blog It says the same thing - depends on the receiver state's laws. Based on what it says about gifting, I'd definitely do a transfer if selling to anyone who isn't a resident of Texas.
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    If you sell to a US citizen, outside of Texas (and your a Texas resident), use a FFL. The buyer must send you FFL info from outside of Texas. It's illegal to send a firearm across the state line 'without' using a FFL to transfer. It's up to the buyer to know whether he can legally possess a firearm (i.e.if he is a felon).

    Inside of Texas, you can sell it to another Texas resident. The buyer knows whether their legal. I would ask for DL but, I don't think it's required. If you know their a felon or not of legal age, then, don't do it.


    Rule of thumb, if selling out of state, get their FFL and send the gun to the FFL. In Texas, I would ask for ID, but, I don't think it's required. I would do it anyway. If their legal, they shouldn't mind.

    In my mind, if they don't want to show ID (in Texas), they probably have something to hide.

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