FTF Sale, need advice

FTF Sale, need advice

This is a discussion on FTF Sale, need advice within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi Everyone, I am getting ready to do an FTF sale to an individual in my city from another forum. I have never done an ...

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Thread: FTF Sale, need advice

  1. #1
    Member Array robinsonre's Avatar
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    FTF Sale, need advice

    Hi Everyone,

    I am getting ready to do an FTF sale to an individual in my city from another forum. I have never done an FTF handgun sale before and I am curious as to how/where to conduct it. Any of you out there who have done this please offer some advice. BTW I am located in Nevada. \

    - Ryan
    "Life exists at a level of complexity almost beyond our ability to comprehend. It's a well known fact that if you try to take apart a cat to see how it works one of the first things you have on your hands is a non-working cat" - Douglas Adams

    "All things are governed by law" - Hippocrates


  2. #2
    Member Array gotammo's Avatar
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    go to a dealer and pay them to do the paperwork. In CT you have to retain the paperwork for something like 10 years and I can't find stuff after 10 minutes.

  3. #3
    Senior Member Array afeazell21's Avatar
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    If the gun is in your name you need to go to an FFL dealer and have them do the paperwork to get it out of your name. If you sell it and don't do the paperwork and something bad happens with the gun you could be held responsible for those actions you didn't commit.
    "Dont be afraid to go after what you want to do, and what you want to be. But don't be afraid to be willing to pay the price." - Lane Frost

  4. #4
    Member Array JackJ's Avatar
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    In Ohio you do not need to go to a dealer to fill out paperwork for the sale. However, I would make a bill of sale listing the maker, model and serial number on it. Additionally, have a place to hand write the purchasers name address and drivers license information. It might also be wise to add a statement that the purchaser is not a felon and is legally entitled to purchase a firearm and have then sign it. Take 2 copies so you each have one. You should check the requirements for the state of NV to see what they require for a face to face personal sale.

    Where to meet is always a problem. I do not like strangers in my house but do not want a secluded spot. Too public and the local police are also called. Not always an easy problem.

  5. #5
    VIP Member Array Ti Carry's Avatar
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    What do the NV law's say? You need to follow them to the tee.

    In Missouri the purchaser has to get a PTA (Permit to Aquire) from his Sheriff. When he picks the gun up and the transfer is made all info about the gun goes on that PTA and you keep a copy, he keep's a copy and YOU the seller, sends in the 3rd copy to the Sheriff for the transfer.

    Many states do not operate this way but Missouri does (for now). I think the PTA is a BS deal when purchasing but it's nice for when you are letting a handgun go and have a record of it.

    As to how and where to conduct the transfer, I would do it in a public parking lot or something like that. I would also be well armed when you go just in case.


    Ti
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    I vote for Monica Lewinsky's Ex-Boyfriend's Wife for President.....Not!

  6. #6
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    A bill of sale is fine. Document the gun and some small amount about the buyer. I usually only sell to permit holders or people I know, so less risk to me. If the guy is a permit holder ask to see it. No big deal. Usually I do no more than put the gun S/N and the buyer's name on the paper. I have them sign it. That way if the Batmen show up looking for it I pull out the Bill of Sale paper and say it was sold and they will have the guy's name. If they ask if I verified his name I'll tell them I saw his A) Driver's License or B) his carry permit. Now can I know if either was fake? No. Can I be held responsible? No. Now if I am selling 100 guns a year this way am I going to get into trouble? Yes. But selling infrequently out of my personal collection is not a problem.

    I don't believe Nevada has any further requirements than that. Maybe one of our Neveda members can clarify. In Missouri the buyer would need a form from the sheriff that you would then have to return to the sheriff. Part of our don't let blacks get guns laws here in Missouri. We are trying to join the 21st century, but evidently there isn't much interest in getting rid of the requirement.
    Procrastinators are the leaders of tomorrow.

  7. #7
    Member Array Warhawk's Avatar
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    Thank GOD I live in Texas. I don't know how y'all tolerate these anti gun states.

  8. #8
    Member Array robinsonre's Avatar
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    I checked the requirements and went along with the sale today. I checked his DL to make sure he was 21 and had him sign, initial, and date a bill of sale I drafted that said he was buying and taking posession of the firearm today, that he would not use it for criminal purposes, that he was legally entitled to own a handgun in Nevada, and that he would hold me harmless in all manner relating to the handgun's use. I'm sure it's not a legally binding contract, but it is something with his signature, the gun's S/N, the date, and his initials that says he bought it.

    All in all he sounded like he was on the up and up, an applicant for the Washoe County Sheriff's Department.

    Thanks for all the advice folks.
    "Life exists at a level of complexity almost beyond our ability to comprehend. It's a well known fact that if you try to take apart a cat to see how it works one of the first things you have on your hands is a non-working cat" - Douglas Adams

    "All things are governed by law" - Hippocrates

  9. #9
    Member Array Hobbes's Avatar
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    Damn, in OR this is how you do a FTF- you meet, check out the gun, exchange money, and leave. It is completely legal to do it this way and if he uses the gun in a criminal manner, I only have to say "I sold it"
    I don't like pandering to this sillyness.

  10. #10
    VIP Member Array Ti Carry's Avatar
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    Quote Originally Posted by Warhawk View Post
    Thank GOD I live in Texas. I don't know how y'all tolerate these anti gun states.
    I always hear this but Texas has there fair share of quirky gun laws too. For some reason Texans just don't want to admit it or are blind to the fact that they have them.


    Ti.
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  11. #11
    VIP Member Array Ti Carry's Avatar
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    Quote Originally Posted by Hobbes View Post
    Damn, in OR this is how you do a FTF- you meet, check out the gun, exchange money, and leave. It is completely legal to do it this way and if he uses the gun in a criminal manner, I only have to say "I sold it"
    I don't like pandering to this sillyness.
    I think you would have to be crazy to not write up a short story covering your back side when selling a firearm to anyone face to face. What robinsonre did with his sale is the right way of doing it IMO, he will save himself a lot of hassle if something happens down the road.

    Records are very nice to have when you need them.


    Ti.
    Train and train hard, you might not get a second chance to make a first impression!

    I vote for Monica Lewinsky's Ex-Boyfriend's Wife for President.....Not!

  12. #12
    Member Array Hobbes's Avatar
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    Maybe I'm crazy then. I just don't see a huge risk. Am I really going to be thrown in jail if somebody commits a crime with a gun I used to own?

  13. #13
    VIP Member Array Ti Carry's Avatar
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    Quote Originally Posted by Hobbes View Post
    Maybe I'm crazy then. I just don't see a huge risk. Am I really going to be thrown in jail if somebody commits a crime with a gun I used to own?
    Yep!

    I hope you have lot's of money and can lawyer up, because you are very responsable for where that gun goes and to who it goes to. "Records", it's not that hard. Even with records can you be screwed with by the FBI or ATF? Yep, a lot! But the more records you keep the better off you are proving that you do not and did not own that gun at the time of a crime being commited with it or whatever else. You had also better pray the buyer isn't a fellon and can also own that gun legally.


    Ti.
    Train and train hard, you might not get a second chance to make a first impression!

    I vote for Monica Lewinsky's Ex-Boyfriend's Wife for President.....Not!

  14. #14
    Member Array Hobbes's Avatar
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    Quote Originally Posted by Ti Carry View Post
    Yep!

    I hope you have lot's of money and can lawyer up, because you are very responsable for where that gun goes and to who it goes to. "Records", it's not that hard. Even with records can you be screwed with by the FBI or ATF? Yep, a lot! But the more records you keep the better off you are proving that you do not and did not own that gun at the time of a crime being commited with it or whatever else. You had also better pray the buyer isn't a fellon and can also own that gun legally.


    Ti.
    Care to share which Oregon law makes me responsible for a gun that I legally sold? Private gun sales in OR are pretty much unregulated (except that private party sales at gunshows must go through the NCIS check). I have no problem if other people decide to keep records or whatever, but I choose not to and am within the law in doing so. Well, I suppose I do have some records since I have tons of emails saved (sent and recieved) detailing gun deals...

  15. #15
    VIP Member Array Ti Carry's Avatar
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    Quote Originally Posted by Hobbes View Post
    Care to share which Oregon law makes me responsible for a gun that I legally sold? Private gun sales in OR are pretty much unregulated (except that private party sales at gunshows must go through the NCIS check). I have no problem if other people decide to keep records or whatever, but I choose not to and am within the law in doing so. Well, I suppose I do have some records since I have tons of emails saved (sent and recieved) detailing gun deals...
    No I don't! I don't know what your state gun law's say and I don't care, I don't live there. All I know is YOU are responsible for what YOU do with a gun, what YOU sell and to who YOU sell it to FTF end of story. Do you really think that the ATF or FBI cares that you say you sold your gun? and they will say well ok we were just checking. If you have email's stating what you said you didn't have to do or have why would you say differently?

    You are now saying you have the records to cover your butt where as before you said, meet, take money and leave. Giving the impression that's all that one should do or have to do when selling FTF. You are contradicting yourself and now are putting into the mix emails that you have that are your records. Well, maybe so and I hope they work for you when the time comes that you have to defend yourself in court with them.

    ETA: I guess what I am actually trying to say is no matter what your state laws say, federal law's over rule them with something like this and you will have to answer to that if it ever came to it.


    Ti.
    Train and train hard, you might not get a second chance to make a first impression!

    I vote for Monica Lewinsky's Ex-Boyfriend's Wife for President.....Not!

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