Arizona Private Party Sale

This is a discussion on Arizona Private Party Sale within the General Firearm Discussion forums, part of the Related Topics category; Hello all, I have a handgun and several hundred rounds of ammo I'd like to sell (XD subcompact .40 if you're interested), but I'm concerned ...

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Thread: Arizona Private Party Sale

  1. #1
    Member Array mrog71's Avatar
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    Arizona Private Party Sale

    Hello all,

    I have a handgun and several hundred rounds of ammo I'd like to sell (XD subcompact .40 if you're interested), but I'm concerned about liablility issues if I sell it to some whacko who then uses it in a crime. I bought it brand new, so I'm sure my name is attached to that serial number in some database somewhere.

    Does anyone know if I need to be concerned about this, or if there are any rules I need to comply with before selling?

    Thanks!

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  3. #2
    VIP Member Array SatCong's Avatar
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    Quote Originally Posted by mrog71 View Post
    Hello all,

    I have a handgun and several hundred rounds of ammo I'd like to sell (XD subcompact .40 if you're interested), but I'm concerned about liablility issues if I sell it to some whacko who then uses it in a crime. I bought it brand new, so I'm sure my name is attached to that serial number in some database somewhere.

    Does anyone know if I need to be concerned about this, or if there are any rules I need to comply with before selling?

    Thanks!
    Ask for ID, better yet CC Permit and record the Name and address.
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    Senior Member Array TucAzRider's Avatar
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    Yes... You need to make out a bill of sale with the person's NAME, Address, Phone Number, Driver's License,.. Now here is the catch,.. You cannot sell it to someone that is a felon,. So you need to call your local sheriff or PD with the guys information and tell them what yoiur doing,. If they check out, your good to go,.. Keep the Bill of sale, in fact I would make more then one copy and put them other places in case something happened to your house or it got lost... I have only purchased a couple used guns, never sold any....

    BTW,. How much at you asking? What part of Arizona are you in?

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    Member Array CyBuzz's Avatar
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    Here in IA, you have to have a permit to purchase for handguns, even for private sales. I write up a bill of sale with all the pertinant contact information and then check the permit to purchase and DL to verify it is the same person. I give a bill of sale to the buyer and keep one for myself in case the BATFEIEIO or some other agency comes looking for the 'owner'. I can show them the bill of sale and send them on their merry way.

    EDIT TO ADD: I do this for all sales, long guns too, just to CYA.

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    Member Array Filbert's Avatar
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    I'm not sure I would go as far as to call the local PD/sheriff. As far as I can tell, there is no law requiring you to go that far. You are prohibited from selling to a known felon, so you could make out the bill of sale (with ID, etc.), and have him sign an affidavit stating that he is not a felon. I'm not a lawyer or judge though, so your call.

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    VIP Member Array AZ Husker's Avatar
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    If you're that nervous, do the transaction through an FFL.
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    Senior Member Array TucAzRider's Avatar
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    Good point Husker,.. They only charge like $5.00 I think???

    I wouldn't take a chance selling to someone that "claims" to not be a felon.. I know people that are and you wouldn't ever know it by seeing them..

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    Member Array mrog71's Avatar
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    Thanks for the replies all. Some great ideas.

    @TucAZRider - I'll let it go for $400. It probably has around 350-400 rounds through it at the most. I believe I have over 500 rnds of .40, which I'll sell for $10 a box (since I don't have any more .40 weapons). I'll be happy to meet anyone who's seriously interested at Ben Avery so they can try it out.

  10. #9
    VIP Member Array automatic slim's Avatar
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    Not allowed.

    Quote Originally Posted by TucAzRider View Post
    Yes... You need to make out a bill of sale with the person's NAME, Address, Phone Number, Driver's License,.. Now here is the catch,.. You cannot sell it to someone that is a felon,. So you need to call your local sheriff or PD with the guys information and tell them what yoiur doing,. If they check out, your good to go,.. Keep the Bill of sale, in fact I would make more then one copy and put them other places in case something happened to your house or it got lost... I have only purchased a couple used guns, never sold any....

    BTW,. How much at you asking? What part of Arizona are you in?
    Law enforcement agencies cannot give out this type of information to anyone except LEO's and other agencies.
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    Distinguished Member Array MinistrMalic's Avatar
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    DISCLAIMER: IANAL. However, I did stay at a Holiday Inn Express last night.

    You cannot sell the firearm to someone you know is going to use it in a felony or is prohibited from possessing. (ARS 13-3102.A.14 and A.5 respectively; look them up 13-3102 - Misconduct involving weapons; defenses; classification; definitions) I think that reasonable due diligence is in order, though you are not required to do much. I would at a minimum:
    1. Ask for AZ ID. If they are not from AZ, I would say no thanks.
    2. Ask for CCW. If they have both, great.
    3. Check them here: Criminal Searches - FREE criminal searches on anyone This site is really free (not fake "get you to buy our stuff" free) and can tell you whether they have any felony convictions in AZ among other things. It is not foolproof but it is good and a decent diligence. That should cover you from prosecution under the provision of 13-3102.A.5.

    If those come up clean, then sell it to them.

    BTW, there is no database containing your info and that serial number. The FFL bill of sale that you signed is filed away in the storage location of the FFL you bought it from. The manufacturer has a list of the FFL that they sent it to. If it ever got used in a crime and recovered the government would ask the manufacturer who they transferred it to, who would then pull the file with that firearm. Then you'd get a visit from the police, who would ask you where that gun is. If you sold it there is no law in AZ saying that you needed to fill out a bill of sale or kept track of your sale, though you might be wise to do so. If you sold it and tell them so, it becomes a dead end in their investigation. They may take a long, hard look into your life though!
    "...whoever has no sword is to sell his coat and buy one." (Luke 22:36)
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    Senior Member Array TucAzRider's Avatar
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    Quote Originally Posted by automatic slim View Post
    Law enforcement agencies cannot give out this type of information to anyone except LEO's and other agencies.
    REALLY??? WOW.. I figured they would be able to tell you that information for a sale issue,. But I guess it makes total sense in this day and age,.. We had a LEO here get fired because he looked up some people un-officially,..

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    Interesting read! Although I see a lot of opinions on how to sell a gun in Arizona I see no true answer to the OP's question regarding the laws.

    As an Arizona resident you may sell your weapon to anyone in physical presence in Arizona who is willing to buy it, as so long as you do not know them to be prevented from owning one. As a Class III license holder I'm required to know "all" the laws. Even though this is the law many Arizonans try to be diligent in their perceived duties. I buy, sell, and trade all the time with other Class III holders and we just hand the seller a FFL card for their files, but you talking about a non NFA and non C&R weapon...... sell it! Use any of the above suggestions at will, but they are not required.

    If that weapon is prohibited where he lives or laws apply to purchases in his state that he circumvented, he would be responsible for those problems, not you.
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