individual selling to individual - legal process?

Discussion in 'Sold/Expired' started by VolGrad, Jul 31, 2007.

  1. VolGrad

    VolGrad Tactical Statistician

    Nothing is for sale in this post.....

    I have been wanting to ask what is the legal responsibility of transferring a firearm between indiniduals? Specifically, what I am asking is this...

    Let's say the individuals agree to meet somewhere (a range for example) and the potential buyer likes the gun and the two parties agree on a price. What happens next?

    I can't do a background check to know if the person is a felon or otherwise prohibited from possessing a firearm. Is there any paperwork (bill of sale, receipt, etc.) which needs to be completed? Since I purchased all of my weapons through dealers there will always be a paper trail back to me in the event the gun ends up in illegal hands down the road (through theft, loss, etc.). Is that avoidable? Is there a way for me to wash my hands of responsibility?

    Now, let's say the potential buyer lives in state but too far away to meet. How would I go about shipping the gun? Does a FFL holder have to ship it? I am pretty sure a FFL holder has to receive it. Is this correct?

    Thanks in advance for the help.
     
  2. Dan H

    Dan H New Member

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    I think that if its within the state, I believe you can meet up and sell with no checks. If its over state lines, it must be shipped to an FFL for a GBI background check.
     

  3. Cavediver

    Cavediver New Member

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    If you really want to document the sale, go thru an FLL that does cheap transfers. There's a pawn show near me that does them for $10. If there was any doubt in my mind that the individual wouldn't qualify, I'd make them meet me there, have the dealer do a background check & transfer to proceed with the sale.

    Whatever you do, don't do it at Phipps :lol:
     
  4. VolGrad

    VolGrad Tactical Statistician

    10-4 on Phipps. hahaha.
     
  5. GAGunOwner

    GAGunOwner Active Member

    For non-FFLs doing face to face sells you don't have to fill out any paperwork.

    The seller cannot have reason to believe that the buyer is a prohibited person. The seller does not have to go into detail asking for the buyers life story though.

    You don't even have to have the buyer show ID. Many people, just for their own comfort, make the seller show ID/GFL and fill out a bill of sale but this isn't required.

    For out of state sells (pistols I know, long guns I'm not certain) you must go through a FFL and the background check will be done.
     
  6. VolGrad

    VolGrad Tactical Statistician

    Thanks for the info. I would def. ask for a GFL and DL just to be sure the person is legit. That would be good enough for me.
     
  7. Adam5

    Adam5 Atlanta Overwatch

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    I have sold three guns FTF. Two of the buyers had GFLs and showed me their DL and GFL, and we filled out a simple bill of sale. The third just moved here and had not recieved his GFL or GA DL yet. He showed me his FL permit, FL DL, an dthe paperwork for the house that he was buying in Cobb County. We did a simple bill of sale and that was it.
     
  8. Corbomite

    Corbomite New Member

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    I bought mine FTF and just showed a DL and did the exchange.
     
  9. GAGunOwner

    GAGunOwner Active Member

    Just remember that there are many legit gunowners/buyers that do not have a GFL and do not care to have one for some reason so don't let the fact that they don't have a GFL mess up a sale.
     
  10. scottypp

    scottypp New Member

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    record keeping

    I copied this from another forum somewhere.. but can't find where:

    When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may SELL a firearm to another private individual in his or her State of residence and, similarly a private individual may BUY a firearm from another person who resides in the same State. It is not necessary under Federal law for a Federal Firearms Licensee (FFL) to assist in the sale or transfer when the buyer and seller are "Same State" residnets. Of course, the transferor/seller may not KNOWINGLY transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See U.S.C.§§ 922(g) and (n) However, as states above, there are no GCA - required records to be completed by either party to the transfer.
     
  11. tace

    tace New Member

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    Personally, I would like to have a bill of sale as a CYA measure. I don't want someone coming to my door and claiming that I stole their gun or some other crazy story.
     
  12. rubberduckie

    rubberduckie New Member

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    So, what if you sell a pistol to someone and years later some kind of illegal act is committed with that weapon and is traced to you. Are you covered by just the bill of sale or is there other needed documents to show you were no longer the owner of that firearm?
     
  13. ptsmith24

    ptsmith24 New Member

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    What else could you have that would prove you were no longer the owner (besides the B.O.S.)?
     
  14. Bulldawg182

    Bulldawg182 Active Member

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    Ah, come on.....that was FUN!!!! :lol: :oops:
     
  15. ptsmith24

    ptsmith24 New Member

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    I know it's an old thread, but I thought I would bring it up again.

    Looks like you can ship to an individual within the state. Doesn't look like it distinguishes between pistols or long guns. You just can't use USPS (for handguns, at least, I think)

    http://www.atf.gov/firearms/faq/faq2.htm#b8
     
  16. mahaffma

    mahaffma New Member

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    Bill of sale is good to go if you want to avoid fees for something you can do yourself. I have copies of BOS's from guns sold 8 years ago. For the very reason mentioned earlier (if any crimes are committed with the gun you have proof its not been in your possesion since X amount of time). I will usually ask them to put the last four of their social down and I do the same. Its not enough cause identity theft on either side. A quick look at their DL (doesn't matter to me if they have a Carry license or not as I'm not sure, nor do I have any way of knowing what they'll do two weeks/or years from now) and them at mine and we're good to go.

    ANother reason to get a BOS as a buyer is for insurance purposes. As soon as you get the gun scan a copy of the BOS and photograph it so in the event its stolen the insurance company can't say its a false claim (which they'll do) because their is no receipt or bill of sale.