Private Party Firearms Sales?

Discussion in 'GA Laws and Politics' started by chesterdawg, Apr 19, 2017.

  1. chesterdawg

    chesterdawg Member

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    I have a valid GA conceal carry permit and have a couple of hand guns that I want to sell.

    I know there are a few websites for this, a friend of mine has purchased hand guns on them but I'm not sure of the laws for private sales. I would appreciate the facts and good advice.

    Thanks,
    Steve
     
  2. Feral

    Feral Active Member

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    Private sale?

    Meet the person. Exchange money and the item.

    Viola

    If you want (and I personally would), you can ask to see their DL and/or GWCL. To confirm their age and that they are law abiding. You could also perform a bill of sale.

    If it's a firearm purchased online that isn't face to face, it must be transferred to a FFL where you will have to undergo the usual process for purchasing a firearm.
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    As long as you sell only to law-abiding citizens who are residents of the same state that you are,
    and don't sell to any prohibited persons (felons, domestic violence offenders, drug addicts, etc.) or people that you reasonably suspect are going to use them for crimes or smuggle them up north to some anti-gun state, you should be OK.

    A bill of sale is strongly recommended, but not required.


    The buyer does not have to have a GWL, or any carry permit for that matter.
    The buyer might decide to only carry that weapon at his home, his car, his place of business, or unloaded in the case when walking to and from the shooting range or hunting fields .
    No permit would be needed in any of those scenarios .

    I would be careful not to sell to a resident of another state.
    Be cautious if somebody calls you from a phone number that's from a non-Georgia area code.

    Watch out if the buyer meets you in person and drives up in a vehicle with out-of-state license plates.
     
    Last edited: Apr 20, 2017
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    If for example somebody says "I want to get this gun for my wife" then that's not suspicious --you can proceed with the deal.

    If the buyer says "I want to get this gun for my cousin Vinny who lives in New York and he's having trouble getting one up there"-- that would be a big problem !

    If the potential buyer asks what caliber it is and and says "do you think that's the right caliber for a woman?" you could say, "yes sure."
    But if the potential buyer then adds "because, you know, I wouldn't want her to suffer unnecessarily; I want to be humane about it." that would be a clue this guy's intentions are all wrong.
     
  5. moe mensale

    moe mensale Well-Known Member

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    Only if it's shipped out of state. You can ship long guns and handguns directly to a buyer within your own state of residence without going through an FFL. Handguns must be shipped via common carrier. Long guns can be shipped via common carrier or USPS.
     
  6. chesterdawg

    chesterdawg Member

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    I just want to make sure to be legal about it and to make sure it won't be used in a crime (or likely to be for the smart asses out there). So a bill of sale that we both sign and each retain a copy of? that's what I do for selling vehicles. I also was thinking to get their driver license info (maybe take of pic of it?) but I don't want to lose a sale.

    Thanks for those that reply with useful information.

    Steve
     
  7. codegeek

    codegeek codegeek reincarnate

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    just be up front with what your requirements are. then, there won't be any surprises.
     
  8. moe mensale

    moe mensale Well-Known Member

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    Why? As long as the firearm is legal in the other state, most likely you would ship it to an FFL in the buyer's state for final transfer. I've bought and sold many firearms over the years out of state. If you're the seller, it's just a bit more involved than dealing in state.
     
  9. moe mensale

    moe mensale Well-Known Member

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    Again, why? Many people move around the country today and keep their original cell phone numbers. My daughter has lived in OR, CO and now TN and still has her FL cell phone number.
     
  10. moe mensale

    moe mensale Well-Known Member

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    You have absolutely no control over what may happen with that firearm once you sell it. Just do your due diligence. Does the buyer act/sound/look like a serial killer, crack addict, jihadist, violator of handicapped parking spaces, etc? You do not have to sell to anybody you don't feel comfortable about or the situation feels off for whatever reason.
     
  11. moe mensale

    moe mensale Well-Known Member

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    Many people won't deal with "paperwork" of any kind in a private sale, especially giving you a copy of their driver license. I know I won't. You can look at it but that's it. A bill of sale, perhaps.

    As the seller, you need to set your requirements. You may lose a sale but eventually everything gets sold.
     
  12. phantoms

    phantoms Senior Mumbler

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    Ask to meet at the local police station parking lot. Odds are that if someone agrees they are not illegal to purchase.

    In my opinion, I'd make sure to meet at a public place and not at my house unless it was someone I knew. Whatever you do, do not sale to someone you have any info is not legal to purchase (under age, felony, from out of state, using someone else's money to buy it for them, etc.). Even if you just get a bad feeling about the person, just cancel the sale and move on.
     
    Andrew.Anderson likes this.
  13. Feral

    Feral Active Member

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    I learned something today
     
  14. Nemo

    Nemo Man of Myth and Legend

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    What you got to sell? Put it up here and you might get a deal.

    Nemo
     
  15. Clark

    Clark Well-Known Member

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    Why bother with all of that though? If it's not required in this state, what can actually happen to you?
     
  16. mark5019

    mark5019 what me worry?

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    You sell gun person uses it in a crime if you bought gun in store serial number comes back on you.
    With no proof you sold it your a person of interest.
     
  17. AtlPhilip

    AtlPhilip Proud GCO member.

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    Unless it's changed since I was there, UPS requires that one side be an FFL or the manufacturer. Which side doesn't matter.

    Me either. You may see my GWCL briefly, but there won't be any paperwork. And copies? Not a chance.
     
    Last edited: Apr 20, 2017
  18. DonT

    DonT Deplorable bitter clinger.

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    You don't need a sales receipt. But in case you sell a gun or gift a gun, you would just write a memo of record to yourself, that on such and such a date, you gave/sold this gun, with this serial no., to such and such a person. File it away for just in case.
     
  19. moe mensale

    moe mensale Well-Known Member

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    This is Federal law.

    https://www.atf.gov/firearms/qa/may-nonlicensee-ship-firearm-common-or-contract-carrier

    The USPS and the common carriers have their own requirements which citizens follow to varying degrees. I'm not giving legal advice. I'm not telling anyone to break the law. I'm not telling anyone to violate any company's regulations. I'm not telling anyone to do anything they don't feel comfortable doing. I'm just stating what happens in reality that I've seen over several decades.
     
  20. Aberk

    Aberk Custom User Title

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    Or, as we do in my family, don't sell guns...only buy. :D