Buy a Firearm in Texas

Firearms are popular for many different reasons. They are purchased for private collections, for use during hunting, sport, or for home and self defense. There is a wide variety of options available to someone seeking out a firearm and a wide variety of ways and places to buy a firearm.

Steps

Buying a Gun from a Licensed Dealer

1. Find a dealer with a Federal Firearms License (FFL). For someone legally to sell firearms commercially, that person must have a Federal Firearms License. There are several resources online that will help you locate a licensed dealer.
2. Visit the dealer to find your firearm. This includes pawn shops as well as registered gun shops. Licensed dealers are more likely to be able to assist you in finding the right firearm for whatever purpose.
3. Be prepared to show identification. There is no waiting period to purchase a firearm in Texas, but you do have to show identification, and the dealer has to perform a background check.
   • If you have a License to Carry a Handgun (LCH), you can show that, and the dealer will not need to conduct the background check. You will need to have your license with you and be able to produce it.
4. Complete the required paperwork. A licensed dealer is required to have a buyer complete a federal Firearms Transaction Record, also referred to as Form 4473. To complete Form 4473, you will need to provide proof of identification and answer some questions about your eligibility to own a firearm.
5. Wait for the dealer to complete a background check. Licensed dealers have the resources to perform a background check on the spot, called the National Instant Criminal Background Check System (NICS). They will check your identification in at least a federal database and, perhaps, a state database as well, to verify that you are eligible. This background check will let the seller know if you have been convicted of a felony or qualifying misdemeanors that would make you ineligible to own a firearm.
   • Due to federal laws, the individual who is purchasing the firearm must be present. A friend or relative cannot purchase a firearm for you.
6. Complete your purchase. As long as you are found to be eligible and you pass the background check, you will be able to purchase your selected firearm. It might be helpful to check with the dealer before going to find out what forms of payment are acceptable.

Buying a Gun at a Gun Show

1. Find a gun show in your area. There are numerous gun shows in Texas every week, in many locations around the state. A quick search online will help you find a gun show near you.
   • The website GunShowTrader.com maintains a calendar of all the gun shows coming up. You can check their site for a list of dates and locations.
2. Do your research ahead of time. Guns are not cheap, and prices vary widely. You will be mostly likely to find what you want, and at a price that is appropriate, if you do some research online to compare prices before you go to the gun show.
3. Attend the gun show and shop around. Some gun shows focus on a particular type of firearm or weapon; some gun shows are more general. You will have the best success if you plan to take your time and look around before making a decision.
4. Be prepared to negotiate prices. Buying a gun is not like buying a loaf of bread at the grocery store. There is not a single set price that you have to “take it or leave it.” If you know what you are looking for and have done some research on its value, you may be able to negotiate with the dealer for a lower price.
5. Select your gun and complete your purchase. You will be required to show personal identification. If you are not a Texas resident, your purchase may be delayed. In Texas, there is no mandatory waiting period to complete the purchase, but the seller (if reputable) will check your identification in a criminal database to verify that you are eligible to purchase a gun.

Buying a Gun from a Private Seller

1. Find someone with a gun you wish to purchase. You may find someone listed in a regular classified ad, from various sources on the Internet, or you may just meet a fellow collector at a gun show. In Texas, one private individual is allowed to sell a gun to another private individual, without further licensing, as long as each of them is a Texas resident and each is legally allowed to own a gun.
   • Texas does not require a license just to own, to purchase, or to sell a gun privately. There are certain classifications of people who may not own a gun (minors, convicted felons, psychiatric patients), and it is up to the seller at least to ask if the buyer falls within one of these groups.
2. Make arrangements to meet. For a private sale, in person, within the state boundaries of Texas, a license is not required. For personal safety, if you do not know the seller personally, you should take a friend along with you.
3. Be prepared to complete a bill of sale for your purchase. A bill of sale is not required under Texas law, but it is a good idea, both for you and for the seller. A good bill of sale will include the name and address of both the seller and the buyer, along with a description of the gun and the sale price. In case the police ever show up asking about the gun, you can show by the bill of sale that you came by it lawfully, and you can identify the source.
   • Most likely, the seller will have a bill of sale, or at least a blank form. You can find your own forms online at several sources like formsbirds.com, texasguntrader.com, or tidyforms.com.
4. Complete your purchase. You should ask the seller before you get together what form of payment is acceptable. Most likely, a private individual is not going to be able to take a credit card, and carrying that much cash with you is dangerous.

Buying a Gun Online

1. Shop for the gun you want. The Internet is a useful tool. A simple search for something like “buy gun in Texas” will produce a number of websites for gun traders, gun dealers, and other sources to purchase a firearm. You can narrow your search by the type of gun you want, the year of manufacture, whether you want new or used. You can be as specific as you like. When you find what you want, you just click on it to start the purchase process.
2. Make arrangements to pick up the gun. You cannot have a gun that you purchase online shipped to you directly by mail. You either have to get it shipped to a licensed dealer near you, or if the seller is a private individual, you need to contact that person and make arrangements to meet.
   • You can even get the gun shipped to you in another state, as long as you select a licensed dealer to receive it. That dealer will conduct a background check based on the identifying information you provide for the purchase.
   • You must comply with your home state’s laws for gun ownership and purchasing.
3. Provide your identification and credit card. You will need to provide your personal information and credit card to complete the purchase.
4. Pick up the gun at the dealer. The gun will be shipped to a licensed gun dealer that you select. You will be able to pick it up there. You will have to comply with whatever your home state’s laws are for purchasing and ownership.

Getting a License to Carry a Concealed Handgun

1. Understand the requirement. In Texas, you need a Concealed Handgun License (CHL) or License to Carry (LTC) if you wish to carry a concealed handgun. (The CHL and LTC are just two different names for the same license.) You may carry a “long gun” (hunting rifle, for example) without a license, but you must have the license for a handgun in a holster.
2. Satisfy the requirements for eligibility. In order to be eligible for a License to Carry in Texas, you must meet the following minimum requirements. These items are verified as part of the application. You must respond truthfully and under oath. If you do not answer honestly, your license may be revoked in the future, and you run the risk of further penalties for perjury. The requirements are:
   • be at least 21 years old (18 in special circumstances)
   • complete a firearm safety training course
   • have not been convicted of a felony or a Class A or B misdemeanor
   • not suffering from certain mental disorders
   • have fewer than two convictions in the past 10 years of chemical or alcohol related incidents
   • be current with all taxes, child support payments, and government fees.
3. Gather the documentation that you need to apply. In order to complete the online application, you will need to have with you the following items:
   • Texas driver’s license or Texas identification card
   • credit card to pay the required fees
4. Complete the online application. Texas uses a simple online application process for a License to Carry. You can find the link to the application at https://txapps.texas.gov/txapp/txdps/chl/login.do. Once you are there, follow the link to the application itself and complete the form as instructed.
5. Carry your license with you. Once you have a license to carry a handgun, you could be stopped by a peace officer and asked to produce your license.

Tips

• If you are going to own a firearm in Texas, it would be a good idea to take a firearms safety course. This course is not required, but there are many courses available around the state.

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Sources and Citations

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