Can I sell my gun to a gun store if I have a felony?

UPDATED: Mar 26, 2012

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Can I sell my gun to a gun store if I have a felony?

I bought my gun before I got the felony. I need to get rid of it and want to sell it to a gun store that buys guns. The gun is registered in my name. Can I do this without getting in trouble with the law?

Asked on March 26, 2012 under Criminal Law, Texas


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

Be very careful with this situation. While there are no laws that prevent a felon from selling a registered firearm to a merchant, in most states it is a felony for a felon to be in possession of a firearm. Which means that even if the gun is registered to you, if you were to be pulled over by the police on the way to the gun shop, they could arrest you for being in possession of a firearm and you could ultimately be charged criminally. My advice is to approach this with caution and see if someone else can possess and sell the gun with you being present at the gun shop to verify the registration information only. You however can not possess the firearm at anytime.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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