Florida Private Sale
This question may seem a little silly, but I just want to make sure I understand this. Im currently advertising one of my Ar15's for sale. I have been contacted by another member who is a Federal Leo and is also a resident of my state (Florida). He is interested in purchasing the gun. I usually only like to sell to others w/ a concealed permit but he does not have one.
Being that were are both residents of the same state and he is a Federal Leo, Does this seem like a legal sale?!?
I have only sold one handgun and it was to a very good friend of mine. It just makes me a little nervous to sell a Ar15 to a LEO that I do not know. I will have him sign a "Bill of Sale" ofcourse.
BTW, This post was not made to question the guy I may be doing business with. He is a great person. I just want to make sure the way I go about it is legal.
Thanks for any information!
In Georgia and TN it would be legal. I would assume FL is going to be no different. Do not let the LEO credentials scare you. Sometimes they like guns too.
Go for it!
Several months ago I met a forum member mid-state for a similar exchange.
Now we did exchange info...we gave each other copies of DL and CCW permits...noted the details of the sale and signed...each kept a copy.:bier:
Ask ANY dependable gun shop you trust...you'll get the same answer. :yup:
According to opencarry.org, in state transfers between individuals are legal in Florida.
I would state do not rely on opinions on the internet. I would either consult a criminal defense attorney or find a District Attorney or an attorney general or their assistant and ask for an advisory opinion. DO NOT discuss anything that you may have done in your past.
Friend-to-friend sales are perfectly legal. I would have a bill of sale which includes both sellers and buyers D/L info at a minimum. If you have questions about the buyer, go to a gun store you trust and have the broker the sale which would include the Federal background check. They should be willing to this and will probably charge a minimal amount for the transaction. Check with them before hand.
These are just some of the ways you and the buyer can be comfortable with the sale.
If you are just not comfortable selling a guy you don't know a gun face to face, go to a gun shop and have it transfered to him. It should only cost about $30.
Is a "bill of sale" a legal requirement...?
Re: Florida private sale
Since your AR-15 is probably a sporter (semi-auto) model, and since
it does not have a collapsable stock, I don't see any reason why you
cannot sell your AR-15 to this Fed LEO.
I am a retired Fed LEO living here in western Michigan, and I have
an Armalite AR-180. Since this original model assault type rifle has
a folding stock, and when folded, the overall length is below the
Michigan legal limit for a rifle, I had to register it as a concealable
handgun. I could have problems selling my AR-180, but I don't see
any problems for you to sell your AR-15 unless Florida has some
prohibition unknown by me.
Just do a "bill of sale" for record keeping sake.
Just got this from Wikipedia:
"Florida law allows private firearm sales between residents without requiring any processing through an FFL. Florida law also permits larger municipalities to elect to require a concealed carry permit for a buyer to purchase a gun at a gun show from another private individual without any delay, but in practice, this applies only to a few of the largest municipalities (Miami, Orlando, etc.) where it has been invoked."
Friends of mine have been selling guns privately without paperwork, but if a Bill of Sale isn't a problem, it seems like a nice thing to have if the firearm is used in a crime and they come looking. IMO
I agree with atctimmy. If you do it any other way, you're relying on your record keeping for the future. Loose that bill of sale somewhere in the future i.e. moving, flood, fire whatever, and ten years from now when they knock on your door because it was used in a crime, you may be suffering like me with CRS (can't remember S***). Tough time to try and remember somebodys name from 10 years ago that you hardly knew. Do the transaction thru a dealer and it's out of your name and in the new owners. If he objects to going thru a dealer, maybe you shouldn't sell to him to begin with. Just my $.02
Originally Posted by atctimmy
The NRA is currently fighting to stop legislation that would ban all private transfers of firearms between law abiding citizens. As far as current federal law is concerned, there is nothing stopping the sale. In this case it seems to be Florida law that would be the issue.
The only legality issue that applies in the state of Fl is that you must personally ask the person to see his DL and verify that he is a FL resident! If you don't you could get in trouble!
I always do unless I know the person…
Originally Posted by atctimmy
Given that, I’ve sold and purchased many guns over the years from friends without going through an FFL.