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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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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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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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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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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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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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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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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.
 

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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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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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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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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. :beerchug:
 

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to sell a gun... take his money and give him the gun... done!!



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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No no no

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.
Florida law prohibits this! Florida Statue 790.335(2) PROHIBITIONS.—No state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of such state or other governmental entity or any other person, public or PRIVATE, shall knowingly and willfully keep or cause to be kept ANY list, RECORD, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.
(3) EXCEPTIONS.—The provisions of this section shall not apply to:
(a) Records of firearms that have been used in committing any crime.
(b) Records relating to any person who has been convicted of a crime.
(c) Records of firearms that have been reported stolen that are retained for a period not in excess of 10 days after such firearms are recovered. Official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered, plus 2 years.

There is NO EXCEPTION for private sales under this Florida law.
 

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Florida has precious few laws against guns, which is why I like it so much :)
If you are a C&R licensee, write down the name & required info of everyone you sell to in the bound book...

Firearms Collectors Acquisition and Disposition Record

Description of firearm

Receipt

Disposition


Manufacturer and/or importer

Model

Serial No.

Type

Caliber or gauge

Date

Name and address or name and license No.

Date

Name and address or name and license No.

Date of birth if non-licensee

Driver's license No. or other identification if non-licensee
I also do a fast background check on folks by name when I do sell,
that's more than is required, but I prefer to know who I'm selling to...
or at least know they ain't a scumbag.
 

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Florida law prohibits this! Florida Statue 790.335(2) PROHIBITIONS.—No state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of such state or other governmental entity or any other person, public or PRIVATE, shall knowingly and willfully keep or cause to be kept ANY list, RECORD, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.
(3) EXCEPTIONS.—The provisions of this section shall not apply to:
(a) Records of firearms that have been used in committing any crime.
(b) Records relating to any person who has been convicted of a crime.
(c) Records of firearms that have been reported stolen that are retained for a period not in excess of 10 days after such firearms are recovered. Official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered, plus 2 years.

There is NO EXCEPTION for private sales under this Florida law.
I cant tell if you are joking or if you SERIOUSLY misinterpreted this statute. :scratchchin:
 

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Florida law prohibits this! Florida Statue 790.335(2) PROHIBITIONS.—No state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of such state or other governmental entity or any other person, public or PRIVATE, shall knowingly and willfully keep or cause to be kept ANY list, RECORD, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.
(3) EXCEPTIONS.—The provisions of this section shall not apply to:
(a) Records of firearms that have been used in committing any crime.
(b) Records relating to any person who has been convicted of a crime.
(c) Records of firearms that have been reported stolen that are retained for a period not in excess of 10 days after such firearms are recovered. Official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered, plus 2 years.

There is NO EXCEPTION for private sales under this Florida law.
Not keeping a list, just a bill of sale. Gun stores do it everyday all across Florida, I promise.
 

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1. Do you have any reason to suspect this guy is a felon or has any other reason he cannot legally possess a firearm?
2. If yes, perform the transfer through a LGS FFL.
3. If no, he hands you money; you hand him the gun. Get a signed bill of sale with make, model, and S/N listed (Not required but good to keep on hand in case...)

FL has no gun registration nor particular requirements for a private sale.

Bashfuljim, according to your interpretation, I can't even keep a list of the guns I own.
 
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