Texas-Book-Gun Law Armed And Educated - Flipbook - Page 92
C. What is a private sale?
A private sale is just what it sounds like: a sale, purchase, or
transfer of a firearm by parties that are not licensed dealers. A
private sale is perfectly legal for both handguns and long guns
in Texas, as long as all other legal requirements are met. We will
discuss the ins-and-outs of private sales in greater detail in this
Chapter under Section IV.
D. What is the legal age to purchase and possess a firearm?
Federal law controls all FFL firearms transactions and requires that
a person be 21 years of age or older before they may purchase a
handgun or 18 for the purchase of a long gun. However, under Texas
law, a handgun or long gun may be purchased in a private sale by
a person who is 18 or older. Texas Penal Code Section 46.06(a)
(2) makes it a crime if a person “intentionally or knowingly sells,
rents, leases, or gives or offers to sell, rent, lease, or give to any
child younger than 18 years of age any firearm, club, or locationrestricted knife.” Note the exceptions to follow.
MINIMUM AGE TO
FEDERAL LAW:
TEXAS LAW:
PURCHASE FIREARMS
FROM DEALER
PRIVATE SALE
21
18
18
18
Handgun
Long gun
Under federal law, a person must be at least 18 years of age to
legally possess a handgun or ammunition for a handgun. See 18
U.S.C. § 922(x)(2). Unlike the law on purchasing a long gun, there
is no federal age requirement for the possession of a rifle or shotgun.
There is no Texas law directly specifying that persons under a
certain age are prohibited from possessing a firearm; however,
Purchasing, Transferring, And Possessing Firearms | 81
