Selling a Handgun Responsibly?

This is a discussion on Selling a Handgun Responsibly? within the General Firearm Discussion forums, part of the Related Topics category; Originally Posted by SIGP250 Unless you are an 01-FFL, you cannot legally sell or transfer a firearm by yourself except with some special exceptions wills, ...

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Thread: Selling a Handgun Responsibly?

  1. #16
    VIP Member Array JonInNY's Avatar
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    Quote Originally Posted by SIGP250 View Post
    Unless you are an 01-FFL, you cannot legally sell or transfer a firearm by yourself except with some special exceptions wills, etc. It is possible to broker it to auction website hover this is no different than transferring to an FFL, since the auction broker must himself be an FFL.
    Should you have any further questions, contact your local ATF field office.
    I'm not sure I understand that either. Even here in restrictive NY, a private individual can sell a handgun to another private individual, without an FFL middleman. Providing, of course, that BOTH parties are legally allowed to have the gun in the first place (both parties must have NYS pistol permits).
    "Democracy is two wolves and a lamb voting on what to have for lunch; Liberty is a well-armed lamb contesting the vote."
    -- Benjamin Franklin

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  3. #17
    Member Array j21blackjack's Avatar
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    Quote Originally Posted by harley2007 View Post
    YEs check state laws. In Florida it is legal to sell unless you know the buyer cannot legally own, such as under 21 or criminal background, but still best to go through a FFL
    Not sure where you found the 21 age requirement in the Florida laws. As far as I can find 18 is the legal age in FL as it is in GA. Maybe I missed it, but I'm pretty sure private gun sales in FL are 18 and up, not 21.

  4. #18
    Member Array j21blackjack's Avatar
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    All of this back and forth on this thread is a perfect example of personally reading the laws and understanding them for yourself, not based off opinioins from an internet forum.

  5. #19
    Member Array SentryOne's Avatar
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    Quote Originally Posted by j21blackjack View Post
    All of this back and forth on this thread is a perfect example of personally reading the laws and understanding them for yourself, not based off opinioins from an internet forum.
    That is an excellent point.

  6. #20
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    Quote Originally Posted by j21blackjack View Post
    I don't understand your post. Are you saying that all of the face to face transfers/sales/swaps/etc done through this website and many others are against the law? If what you are saying is true then there are a large number of criminals right here on this forum.

    Also, to the guy that said you have to be 21 to own a handgun, this is incorrect. You have to be 21 to buy from a dealer (FFL), but other than that it's up to your state laws. For example, here in GA you can buy a handgun privately as long as you are 18 or older because state laws says 18 is the legal age for handguns.
    Respectively, I must retract my entire statement. I am a firearms dealer and should know however I was in error. My face is red.

    It is legal in most states to transfer most types of guns from one party to another without ATF intervention.

    Please accept this as an apology for my ignorance.



    From The ATF Firearms Regulations Reference guide:

    (B1) To Whom may an unlicensed person transfer firearms under the GSA.


    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 purposes, if he does not know or have reasonable cause to believe the person is prohibiting from or 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 transfered interstate to a licensed collector. [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
    If you understand, things are just as they are... If you do not understand, things are just as they are....
    - Zen Saying

  7. #21
    VIP Member Array JonInNY's Avatar
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    Quote Originally Posted by SIGP250 View Post
    ...Please accept this as an apology for my ignorance.[/B]
    Not a problem. I just wasn't sure if I missed something somewhere along the line.
    "Democracy is two wolves and a lamb voting on what to have for lunch; Liberty is a well-armed lamb contesting the vote."
    -- Benjamin Franklin

  8. #22
    VIP Member Array hogdaddy's Avatar
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    Quote Originally Posted by harley2007 View Post
    YEs check state laws. In Florida it is legal to sell unless you know the buyer cannot legally own, such as under 21 or criminal background, but still best to go through a FFL
    18 Years of age CAN OWN A HANDGUN but cannot CC ; )
    A Native Floridian = RARE


    IT'S OUR RIGHTS>THEY WANT TO WRONG
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  9. #23
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    Quote Originally Posted by JonInNY View Post
    Not a problem. I just wasn't sure if I missed something somewhere along the line.
    Yeah, I have my head down and my tail between my legs.

    I was taught not to shoot from the hip but I did.
    If you understand, things are just as they are... If you do not understand, things are just as they are....
    - Zen Saying

  10. #24
    Member Array skeeeter's Avatar
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    If the buyer would pay the dealers fee that would be a good solution. I only sold to a CCW in my state of AZ. It actually did not take long, maybe there are a lot of CCW'ers.
    I agree that you do not want to sell to a felon.

  11. #25
    Member Array aric's Avatar
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    I'll only private sale a handgun to a CCW (CPL here in WA). Other than that there are LOTS of competing FFL's here that will transfer for $30.

  12. #26
    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by alienbogey View Post
    I've decided to sell a Ruger GP-100 that I bought 5 months ago. I've never sold a handgun before. I want to make sure that the buyer is legally able to own a handgun. Thoughts and questions:
    I suspect that when you look into the laws of your state, you'll find there are no complicated restrictions on you selling the gun that will require some sort of background check. I suspect that if you just document the sale with a bill of sale, you're probably covered. Other than for your own criminal and civil liabilities, why else would you want to make sure someone else is legally able to own a handgun?

  13. #27
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by j21blackjack View Post
    I would higly recommend reading the laws yourself. I had a local FFL dealer here tell me it was ok to do a private handgun transaction across state lines , which by the way, is against federal law!
    Agreed.

    I too have had shop persons who supposedly know stuff as well as even police dept. persons who are tasked with handling of firearm laws related to citizens (!) get this wrong. Police local and state both in VA (state) and MA (local)!

    Do your own homework, always.
    Reading is fundamental....And in a court of law an excuse of ignorance and/or 'But but but he/she told me it was gunna be okay!' is not a recognized nor viable defense.

    If you cannot read and/or have reading comprehension issues, which is not uncommon and has nothing to do with a persons schooling or intelligence, then hire a professional (attorney) to read and inform you of same. A person who is legally culpable if you should down the road happen to do the wrong thing and wind up named on a courts docket.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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