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Free Texas Gun / Firearm Bill of Sale

Texas is one of the most permissive states in the country for private firearm transfers. Under Government Code Chapter 411 and Penal Code 46, there is no state-level permit-to-purchase, no waiting period, no background check requirement for private-party sales, no registration database, and no assault-weapon ban. Constitutional carry took effect September 1, 2021 (HB 1927) — anyone 21+ who can legally possess a firearm may carry it openly or concealed without a License to Carry. A bill of sale is not legally required, but it is the single best protection both parties have if the gun is later used in a crime, recovered as stolen, or disputed in probate.

Texas Requirements: Transfer title within 30 days. 6.25% sales tax.

Seller Information

Buyer Information

Gun / Firearm Details

Sale Information

Condition & Warranty

Important: Federal and state laws may require a background check for firearm transfers. This bill of sale does not replace any legal requirements for background checks, waiting periods, or other regulations. Please consult your local laws before completing this transaction.

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Private firearm sales carry more legal requirements than most buyers realize — background check laws, waiting periods, and prohibited-person rules vary widely by state. Our guide explains when a bill of sale is legally required and what it must say. Read: Do I Need a Bill of Sale? →

Texas Gun / Firearm Bill of Sale — What You Need to Know

Primary Form
Standard bill of sale
Agency
TX DPS
Texas Department of Public Safety
Primary ID Field
Serial Number
Sales Tax
Exempt
Title Required
No
Firearms are not titled in Texas. Private-party sales between Texas residents require no permit, no waiting period, no background check, and no state registration under Texas's permissive firearm laws. Federal Form 4473 applies only when buying through a licensed dealer (FFL).
Inspection
Not required

Sales Tax Details

Private-party firearm sales between individuals (not in the business of dealing) are not subject to Texas sales tax. FFL dealer sales include 6.25% state plus local sales tax. Ammunition and accessories are taxed normally.

Inspection Requirements

No firearm inspection or registration in Texas. Texas adopted constitutional carry in 2021 (HB 1927) — Texans 21+ may carry a handgun openly or concealed without a License to Carry, provided they are not federally prohibited. License to Carry (LTC) is still available for reciprocity, school-zone exceptions, and faster purchases.

Texas Gun / Firearm Sale — Step-by-Step Checklist

  1. Both parties must be Texas residents and 18+ for long guns, 21+ for handguns
  2. Seller has reasonable belief buyer is not a prohibited person (federally or state-level)
  3. Bill of sale: make, model, type (handgun/rifle/shotgun), caliber, serial number, sale price, date
  4. Both parties' full legal names, addresses, and signatures (notarization optional but smart)
  5. Photo ID exchange — record buyer's TX driver's license number on the bill of sale
  6. No paperwork goes to TX DPS or any state agency for private sales
  7. Cross-state-line sales must go through a federally licensed dealer (FFL) per federal law

Common Pitfalls

  • Selling to a buyer you suspect is prohibited (felon, domestic violence misdemeanant, under indictment) — federal crime under 18 USC 922(d)
  • Skipping the bill of sale and serial number record — if the gun is later used in a crime, ATF traces hit the last known purchaser of record (you) until you produce the buyer's identity
  • Selling a handgun to anyone under 21 or a long gun to anyone under 18 — federal age violation
  • Selling across state lines without going through an FFL — federal felony
  • Assuming a constitutional-carry buyer is automatically eligible — federal prohibitions (felony, DV misdemeanor, dishonorable discharge, etc.) still apply
  • Selling a stolen firearm unknowingly — always check serials against NCIC via local sheriff if buying from an unknown seller

Pro Tip

Texas firearms summary: no permit, no waiting period, no background check for private sales, but always write a bill of sale with the serial number — it is the one document that keeps an ATF trace from landing on your doorstep.

Texas Gun / Firearm Bill of Sale — FAQs

Do I need a background check to sell my gun privately in Texas?
No. Texas does not require background checks for private-party firearm transfers between residents. Federal law (Brady Act) only requires background checks for transfers through a federally licensed dealer (FFL). However, federal law (18 USC 922(d)) makes it a felony to sell to a buyer you know or have reasonable cause to believe is a prohibited person — felons, fugitives, unlawful drug users, domestic-violence misdemeanants, dishonorably discharged, illegal aliens, mentally adjudicated. Best practice: ask the buyer to sign a statement that they are not a prohibited person, or run the sale through an FFL for $25-$50 if you have any doubt.
What is constitutional carry and do I still need a License to Carry in Texas?
Constitutional carry (HB 1927, effective September 1, 2021) lets any Texan 21+ who is not federally prohibited carry a handgun openly or concealed without a permit. You don't need a License to Carry (LTC) for everyday carry. However, the LTC is still very useful: it provides reciprocity with 30+ states, exempts you from the NICS check when buying at an FFL (the LTC counts as the check), allows carry in some buildings off-limits to constitutional carriers, and shortens traffic stops. LTC requires a class, range qualification, fingerprints, and a state background check through TX DPS.
Is a written bill of sale legally required for a Texas private gun sale?
No, Texas law doesn't require it — but you absolutely should have one. The serial number and buyer's identity protect the seller if the gun is later recovered at a crime scene: ATF traces lead to the last record-of-sale, and without a bill of sale, that's you. The bill of sale also protects the buyer from accusations of theft or possessing a stolen firearm. Include make, model, caliber, serial number, sale price, date, both names with addresses, both driver's license numbers, both signatures, and a buyer's statement that they are not a prohibited person. Notarization is optional but worth it for valuable firearms or if you suspect future disputes.
Can I sell a gun to someone from out of state in Texas?
Not directly — federal law (Gun Control Act of 1968, 18 USC 922(a)(5)) makes it a felony for a non-licensee to transfer a firearm to a non-resident of their state. The transfer must go through a federally licensed dealer (FFL) in the buyer's state. The Texas seller ships the firearm to the buyer's FFL, who then runs the buyer's NICS background check and completes Form 4473. Long guns can sometimes be sold face-to-face between residents of contiguous states if both states allow it, but handguns must always go through an FFL across state lines. Don't take shortcuts — this is a felony with 10 years federal prison exposure.

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