Gun purchases from private owners

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Thread: Gun purchases from private owners

  1. #1
    Member Array del slo team's Avatar
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    Gun purchases from private owners

    If I was to sell or buy a gun from a private owner what am I required to do by law? I have to report to police that I am no longer owner of gun with new owner info?

    Please help me out as I cannot find any info?


    BTW I reside in South Florida! This is only regarding handguns.
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  3. #2
    Ex Member Array Ram Rod's Avatar
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    If you were to sell a gun, you could have them fill out a transfer form you can get from any local FFL usually free. If the gun was registered to you in any way, you will at least want to document the date of sale, make, and serial number of it as matter of your own records. If the gun was never registered to you or you never filled out forms to purchase it or it was a family heirloom--you don't really have to worry about it. If buying---you definitely want to make sure the gun is not stolen. In my state I can file a FOI request to ACIC (Arkansas crime information center) but if the gun was stolen but never reported as such it won't show. Make a record of the transaction (again) for your own records--the seller's name and address if practical and the date of transfer. Above all, research your state or local laws via internet, or call your local law enforcement office or the state police.

    Check here and do a search---- Florida Department of Law Enforcement
    or trust this source: Yahoo! Answers - Home
    and ask your question from residents of your home state.
    Last edited by Ram Rod; February 23rd, 2008 at 12:11 AM. Reason: link adds

  4. #3
    Member Array del slo team's Avatar
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    Thank you, Ram!
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    Member Array weazel's Avatar
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    Ill take it the laws of being 21 to purchase a handgun are still in affect even if it is from a private seller.

  6. #5
    Member Array jackdog's Avatar
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    usually if it is an in state transfer your ok with FFL form. If your talking about out of state your, need to go through an FFL from the state that the new gun owner is in
    Jack dog

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    Jon Gutmacher covers private sales (from both directions) quite well in his book, Florida Firearms.

    If you're in Florida, I'd strongly recommend getting a copy of the book. Might be the best $25 you'll ever spend.

    In Florida, you are not required to do any paperwork for a private sale, according to the book.

    That said, I think one would be very foolish to not obtain a signed bill of sale documenting to whom the firearm was transfered and when.

    I've only sold one firearm to a private buyer, and my personal policy was to only sell to a CWFL holder.

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    Distinguished Member Array P7fanatic's Avatar
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    Cool

    Quote Originally Posted by MattLarson View Post
    Jon Gutmacher covers private sales (from both directions) quite well in his book, Florida Firearms.

    If you're in Florida, I'd strongly recommend getting a copy of the book. Might be the best $25 you'll ever spend.

    In Florida, you are not required to do any paperwork for a private sale, according to the book.

    That said, I think one would be very foolish to not obtain a signed bill of sale documenting to whom the firearm was transfered and when.

    I've only sold one firearm to a private buyer, and my personal policy was to only sell to a CWFL holder.


    Matt
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  9. #8
    Senior Member Array bluelineman's Avatar
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    Here's the Federal rules per the ATF. An "unlicensed" person is a person that does not have an FFL license. Some people do a bill of sale with date, names, serial #, etc. It is not required by law but sometimes a good idea.


    (B1) To whom may an unlicensed person transfer firearms under the GCA?

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

    (B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

    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 private 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" residents. 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 18 U.S. C. 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

    There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

    Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See also Question B3.

    ATF Online - Firearms FAQs

  10. #9
    VIP Member Array AZ Husker's Avatar
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    Nothing required in AZ. If I'm selling a gun I bought new (on FFL form), I write a receipt to cover my butt. If I'm buying, I don't want any paperwork.
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    Member Array American Pit Bull's Avatar
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    Quote Originally Posted by weazel View Post
    Ill take it the laws of being 21 to purchase a handgun are still in affect even if it is from a private seller.
    You must be 21 if you are purchasing from a dealer. 18 is the minimum age to posses handguns, therefore the minimum age to purchase from an individual.

  12. #11
    Member Array del slo team's Avatar
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    Thanks again! Unfortunately I am selling my Sigma as it is time to step up to a XD in .45
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  13. #12
    VIP Member Array Kerbouchard's Avatar
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    Quote Originally Posted by American Pit Bull View Post
    You must be 21 if you are purchasing from a dealer. 18 is the minimum age to posses handguns, therefore the minimum age to purchase from an individual.
    I do not believe this is true. As per the FL law, it says you can't sell if you have reason to believe that the person is not legally able to recieve a handgun. Most states require a transfer to a person under 21 to be accompanied by a signed note of authorization from their parent/guardian. I would never sell or give a handgun to somebody under 21 unless it was my son, or somebody whose parent's I had known for a very, very long time, and I would probably still sell it to the parent, and they can give it to their kid.
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    Member Array American Pit Bull's Avatar
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    Quote Originally Posted by BerneyG View Post
    I do not believe this is true. As per the FL law, it says you can't sell if you have reason to believe that the person is not legally able to recieve a handgun. Most states require a transfer to a person under 21 to be accompanied by a signed note of authorization from their parent/guardian. I would never sell or give a handgun to somebody under 21 unless it was my son, or somebody whose parent's I had known for a very, very long time, and I would probably still sell it to the parent, and they can give it to their kid.
    Well, of course, if your state has a law prohibiting the sale of handguns to individuals under 21, then it would be illegal. There are many states that this isn't the case though, mine included.

  15. #14
    VIP Member Array Kerbouchard's Avatar
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    The OP is in Florida and I stand corrected. I just looked up the statutes. In Florida, it is indeed legal for a private individual to sell a handgun to a person under 21. That person just would not be able to buy ammunition without a signed waiver.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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  16. #15
    Member Array American Pit Bull's Avatar
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    Quote Originally Posted by BerneyG View Post
    The OP is in Florida and I stand corrected. I just looked up the statutes.
    I was replying to weazel in my first post and I wasn't sure of the FL code. Under MO code, weazel's assumption was not correct.

    And, as you have highlighted, FL code also permits the sale by an individual.

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