Need help on private sale of a firearm

Discussion in 'Centerfire Pistols & Revolvers' started by elber, Jan 12, 2004.

  1. elber

    elber New Member

    May 1, 2003
    Hi All - can someone direct me to some info on how to conduct the private sale of a firearm?

    Also, does anyone recommend against this practice (as opposed to selling it to a licensed dealer)?

    I looked all around, but all I can find are articles on how some folks want to prevent the private sales of firearms (which is interesting, but doesn't get me where I'm trying to go)...

  2. Tony Mig

    Tony Mig New Member

    Jul 5, 2003
    The Sorprano State
    Elber, you can advertise the sale of your gun in your local newspaper, and if you find a buyer, you'll have to take the gun to a federally lisences gun shop, and have them conduct the transfer. The buyer must pass the NCIC background check first, and if they do, you can legally sell them the gun. Usually the gun shop gets $15.00 or $20.00 for the paperwork, and you can work out who pays that expense when making the deal.

    You can also sell it on the internet, but once a buyer is established, you'll have to have your local gun shop send it to the buyer's local gun shop, and both shops will want a small fee for handling the shipping and paperwork.

    ...or you can sell it on the street corner, and pray that the buyer never commits a crime with it, and the law traces it back to you.....:eek: ....(not a very good option, aye?)

  3. tuckerd1

    tuckerd1 Moderator Supporting Member

    elbar, I'm not familiar with state laws across the US, so you need to check into what is required in your state, but private sales of firearms occur everyday. It is legal to sell to someone within your state without involving a FFL dealer and to out of state people by transferring the firearm to an FFL dealer who then transfers it to the buyer.

    Check your local and state laws to make sure what there requirements are.

    BTW, what state are you in?
  4. tuckerd1

    tuckerd1 Moderator Supporting Member

    Just saw Tony Mig's post. He is in New Jersey so they may have state laws requiring An FFL for all transfers. But most states don't.
  5. pickenup

    pickenup Active Member

    You need to tell us what state you are in.
    The laws vary a LOT from state to state, as you can tell.
    Even selling on the internet will require knowing which state you are selling TO.
  6. elber

    elber New Member

    May 1, 2003
    Thanks guys - Tony, that sounds like what I'm looking for. I want the serial number disassociated with my name.

    Tuck - I live in Arizona. My guess is that the state does not require a registered dealer to make the transfer, but I like the idea of the sale being registered...

    So, can you guys direct me to some nice reading material on the matter? I looked all over the NRA site, as well as some Arizona DPS sites, and even federal gun law site (which if I recall was under the NRA site)...

  7. gpostal

    gpostal Former Guest

    Feb 20, 2003
    Even if you sell it to a dealer it will still have your name if you bought it from one ,when a gun is traced it is usually done starting from the manufacturer ,distributor ,dealer then buyer , so you will still have to keep record of it when you sell it to a dealer anyway

    Now ,even if you find a buyer ,then go through a dealer to make it the way you want ,one of you will have to fork over his fee ,it can run 20.00 and up depending on the dealer {20.00 is average}

    Here is a way to make it legal in most states ,that do not require jumping through hoops

    Take both your driver license {in my state F.O.I.D.card} copy them together ,then Write out the receipt on the copy with date and serial number ,both sign ,each get a copy ,”keep it”

    I have every receipt since my first gun purchase
  8. Smoky14

    Smoky14 Member

    Nov 23, 2001
    Nowhere NM
    In AZ no paper work is required, however I would make a bill of sale with the serial number and a signed statement that the buyer is a state resident and can legally own a firearm. This will protect you both. Check a picture ID.
    I've bought and sold many a private gun in AZ

    Smoky the trader
  9. 45Smashemflat

    45Smashemflat Active Member

    Oct 6, 2003
    Ditto GPOSTAL's post - that's a quick easy record - a notarized bill osale is not a bad idea either if one is handy. That's what I've done in the past.
  10. Marlin

    Marlin *TFF Admin Staff Chief Counselor*

    Postal's post ideas will stnad up to any collateral attack.

    Having something notarized can cost as much as an FFL fee in many states. Notaries used to do it for nothing but now charge more and more as our liberal courts have jumped on them and the legislatures are raising Notary costs and required bonds.

    In Alabama thirty years ago you got a Notary commission for under $25.00 and a four year bond for $25.00. Now the commission if over a hundred, depending on the county, and the bond is in the hundred's of dollars of premium.
  11. 45Smashemflat

    45Smashemflat Active Member

    Oct 6, 2003
    Good point, I'm just lucky and know a notary who will stamp off for free.
  12. gpostal

    gpostal Former Guest

    Feb 20, 2003
    in my state the legal amount a notary can charge is 3.00

    but a signed and dated paper with both license on it will stand up in any court
  13. berto64

    berto64 Active Member

    Bill of Sale doesn't have to be any kind of legal form. It can be written on any kind of paper as long as it is in ink and contains all the pertinent info.........Both names, item description or serial #, price and a witness signature is a plus. O yea, don't fergit the date. Heck, I've written'em on brown paper bags before.

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