How to correctly do a private sale in FL?

This is a discussion on How to correctly do a private sale in FL? within the Defensive Carry Guns forums, part of the Defensive Carry Discussions category; I was with some friends this weekend and realized that my buddy is a huge 380 fan. He is not a big gun guy, in ...

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Thread: How to correctly do a private sale in FL?

  1. #1
    Member Array claybreaker0's Avatar
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    How to correctly do a private sale in FL?

    I was with some friends this weekend and realized that my buddy is a huge 380 fan. He is not a big gun guy, in fact he only has an older single shot 22cal rifle that his dad gave him a few years ago when he turned 21. He stated he was interested in buying my Bersa Thunder 380, especially because I NEVER use it (it has maybe 75 rounds through it). It was my first handgun, and would be a good gun for him to start with.

    My question is how do I legally sell him this firearm in my state of FL. Because I bought it from a gun dealer, it is registered to me. If it were to be stolen from him, and used in a crime, how do I make sure it is proven that I legally sold this gun?

    Second, feel free to chime in on a price for this gun. It is in EXCELLENT shape, like I said maybe 75 rounds through it, and I have 2 extra magazines. It is the black and gold edition, hard to find. I have enclosed a pic of the gun from a website I found.

    Thanks!!

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  3. #2
    Member Array diverdown247's Avatar
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    2 options, but make sure to research Florida state laws governing private firearms transfers.

    1. Take the firearm to a local FFL holder and have them conduct the transfer. Usually they will charge a small fee, but it's a CYA thing.

    2. Research Florida law to make sure how they control private transfers and that in working the transaction that you are not violating Florida law. Make sure your buddy is legally able to possess a firearm under US Code and Florida law. If in doubt, use option 1 (CYA). Always write up a bill of sale, photocopy of both your ID and his with a full write up on the firearm is best. This helps cover you and your private buyer. 1 copy for you, 1 for your private buyer. Again, CYA.


    As far as pricing, see what's available locally...get close to what you paid if you can. Gunbroker is often used to gauge prices, but most folks forget that you pay shipping and transfer which means the price usually goes up from sale price of the firearm. That's why I try to avoid referring folks to gunbroker...it's not a guide by any means, it's an auction site. Your buyer knows where it's been and how it's been cared for when it comes from an acquaintance, remind him of that.

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    Member Array 820Larry's Avatar
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    First of all.......Firearms are NOT registered in Florida. You can legally sell to your friend as long as you are positive that he can legally own a firearm, meaning no arrest/convictions that would disqualify him. Just do a "bill of sale" with signatures,date of sale and a copy of his Fl.ID.
    BTW......that's a sweet looking Bersa
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  5. #4
    VIP Member Array David in FL's Avatar
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    The gun isn't "registered" to you.....you're simply recorded as the purchaser from the firearms dealer. No big deal.

    To sell, you simply give him the weapon and he gives you the money. There are no legal requirements for a background check or a waiting period, but you still are prohibited from selling to a convicted felon, someone under the age of 18, or a non-FL resident. I recommend that you execute a bill of sale however, identifying the gun with serial number and all of the buyer's personal information (a copy of his DL is a great idea), to document that you no longer own the weapon.......just in case.

    Hope that helps.
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    Senior Member Array dnowell's Avatar
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    If you want to make 100% sure, have a dealer process the sale. Expect to pay fees. Other than that, fill out a bill of sale form to document the process and have both people sign both copies. Keep one each.

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    Member Array diverdown247's Avatar
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    Glad to see so many pro-2A folks with the CYA consensus on having a bill of sale. Good job folks!

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    Member Array Kicker96fs's Avatar
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    Question, is it not a federal law that ANY handgun must be transferred via an FFL No mater what state your in? Or am I just Mass brainwashed?

    Rifes I know are only subjet to state laws in the matter of private sales.

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    Member Array Benthic's Avatar
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    Quote Originally Posted by Kicker96fs View Post
    Question, is it not a federal law that ANY handgun must be transferred via an FFL No mater what state your in? Or am I just Mass brainwashed?

    Rifes I know are only subjet to state laws in the matter of private sales.
    Only if you transfer from one state to another. If you stay within the same state then the transfer is regulated by that state's laws. Here in Florida private sales, as described above, are legal.

    Brian

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    New Member Array SlyBevel's Avatar
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    In Utah, private classifieds followed by cash transactions are the rule, not the exception.

    Some sellers prefer a concealed permit holder, and will only sell to one, or just offer a discount if the buyer has one.

    They arrange to meet, cash and a weapon (handgun, rifle, shotgun...whatever) change hands, and it's all legal.

    Couldn't do this with NFA items though. That's a completely different animal. A while back a guy had his 12ga AOW on the classifieds. I believe he had a local FFL with a Class 3 license helping him with the transfer on that one.

  11. #10
    Distinguished Member Array Brady's Avatar
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    use a standard prepared 'bill-of-sale' form for Automobiles and just line out "Automobile" and write in "Firearm". Put the manuf & model names/#'s in their places and the serial number in the VIN spot.

    Or fashion your own on your computer.
    And yes, copy their drivers lic.

    A couple of times when I've seen this procedure suggested among folks not real familiar with each other the deal fell through immediately.
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    Member Array DCglockhandler's Avatar
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    as long as he is 1. not a felon 2. over 18 and 3. FL resident your good to go
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    Member Array p3at's Avatar
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    Quote Originally Posted by DCglockhandler View Post
    as long as he is 1. not a felon 2. over 18 and 3. FL resident your good to go
    I believe its "18 and over", not "over 18"

    Lots of good suggestions here, but to stick to the OP's question as to how to do a correct sale, DCglockhandler answered correctly.

    Bottom line: it doesn't take much to legally sell a handgun in FL.

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    Member Array 45XDCCW's Avatar
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    Quote Originally Posted by p3at View Post
    I believe its "18 and over", not "over 18"
    This is not a forum on how to speak proper English, Goodness...
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  15. #14
    Member Array p3at's Avatar
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    Quote Originally Posted by 45XDCCW View Post
    This is not a forum on how to speak proper English, Goodness...
    Seriously, in my english "over 18" means 19 and that's not correct. Maybe your english is better than mine.

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    New Member Array soeasy's Avatar
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    to sell a gun... take his money and give him the gun... done!!



    Quote Originally Posted by claybreaker0 View Post
    I was with some friends this weekend and realized that my buddy is a huge 380 fan. He is not a big gun guy, in fact he only has an older single shot 22cal rifle that his dad gave him a few years ago when he turned 21. He stated he was interested in buying my Bersa Thunder 380, especially because I NEVER use it (it has maybe 75 rounds through it). It was my first handgun, and would be a good gun for him to start with.

    My question is how do I legally sell him this firearm in my state of FL. Because I bought it from a gun dealer, it is registered to me. If it were to be stolen from him, and used in a crime, how do I make sure it is proven that I legally sold this gun?

    Second, feel free to chime in on a price for this gun. It is in EXCELLENT shape, like I said maybe 75 rounds through it, and I have 2 extra magazines. It is the black and gold edition, hard to find. I have enclosed a pic of the gun from a website I found.

    Thanks!!


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