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Laws regarding private sell of guns
Posted on 2/7/20 at 10:29 pm
Posted on 2/7/20 at 10:29 pm
I won a CZ O/U at a Delta Waterfowl banquet a few years ago and I just never use it. If I sell it to somebody how do I legally transfer ownership?
10
Posted on 2/7/20 at 10:36 pm to weisertiger
I’m pretty positive that you take the money and then you hand over the gun and then you go your separate ways.
No further actions required.
No further actions required.
Posted on 2/7/20 at 10:39 pm to weisertiger
In state of Louisiana to another La citizen?
1. Meet
2. You get his money
3. He gets your gun
4. Depart
1. Meet
2. You get his money
3. He gets your gun
4. Depart
Posted on 2/7/20 at 10:41 pm to weisertiger
My attorney buddy says to at least get a bill of sale with both signatures on it in case it winds up used in a crime. It's in the ATF database with you as owner b/c I'm sure it was FFL'ed to you at the banquet.
Posted on 2/7/20 at 10:45 pm to Duckhammer_77
The only paperwork attached to the purchase of the gun would be the original background check which is supposed to be “destroyed” in a certain amount of time. 24 hrs. I think.
Posted on 2/7/20 at 10:52 pm to Duckhammer_77
quote:
guns
My attorney buddy says to at least get a bill of sale with both signatures on it in case it winds up used in a crime. It's in the ATF database with you as owner b/c I'm sure it was FFL'ed to you at the banquet.
It was indeed FFL’d at the banquet
Posted on 2/7/20 at 10:53 pm to FrankDrebin
quote:
The only paperwork attached to the purchase of the gun would be the original background check which is supposed to be “destroyed” in a certain amount of time. 24 hrs. I think.
They can still trace it back to the original purchaser if it was used in a crime, but you'd be perfectly legal to sell it with no other paperwork.
Essentially, the government keeps a database of serial numbers and the gun dealer and the gun dealer is required to keep the original purchaser's info. It's intended to be cumbersome and should remain that way imo.
Of course, this all assumes that the government actually wipes the original buyer's information after 24 hours from background check which I highly doubt.
ETA - go read about the Tiahrt Amendment which is fairly contested, pro 2nd A legislation that protects private sales and our rights
LINK
This post was edited on 2/7/20 at 11:06 pm
Posted on 2/7/20 at 10:57 pm to weisertiger
quote:
supposed to be “destroyed”
mmmm...I cannot believe that the fed govt just says, "OK, frick it, we'll never need this info again. Hope no one gets shot with this sawed off OU shotgun."
weisertiger - that gun is registered to you. just write something on a frickin' napkin and get the man to sign it.
Posted on 2/7/20 at 11:07 pm to Duckhammer_77
The gun isn't registered to him. They just do a background check allowing him to purchase it. There is no fun registration in Louisiana
Posted on 2/7/20 at 11:16 pm to Duckhammer_77
quote:
that gun is registered to you
It depends on what your definition of “registered” is.
To the OP tell whoever wants to buy the shotgun you want a Bill of sale with their drivers license #.
If you know the person and you know they aren’t a criminal just sell them the gun.
Posted on 2/7/20 at 11:19 pm to weisertiger
I get a handwritten receipt with the guys signature with the serial number of the gun on it so if he assassinates the president I have at least something that says I don’t own the gun anymore.
ETA. I don’t trust the process enough to not have my name on the serial numbers of my guns.
ETA. I don’t trust the process enough to not have my name on the serial numbers of my guns.
This post was edited on 2/7/20 at 11:24 pm
Posted on 2/7/20 at 11:39 pm to weisertiger
Lot of bs on this board.
1). If purchaser is a resident of La (assuming you are too), NOTHING is required. A bill of sale is a good idea. But not required.
2). If purchaser is from out of state and it is a handgun, HAS to go through an FFL in their state of residence. Otherwise a big no no.
3). If it is a long gun, refer to number one.
Anything else folks throw at you is noise and bs. For an O/U, sell it ( purchaser is in state or not). Take a picture of their DL w your phone, do a bill of sale and walk away. Or, you are perfectly ok just swapping spit in Cabela’s parking lot and driving away.
1). If purchaser is a resident of La (assuming you are too), NOTHING is required. A bill of sale is a good idea. But not required.
2). If purchaser is from out of state and it is a handgun, HAS to go through an FFL in their state of residence. Otherwise a big no no.
3). If it is a long gun, refer to number one.
Anything else folks throw at you is noise and bs. For an O/U, sell it ( purchaser is in state or not). Take a picture of their DL w your phone, do a bill of sale and walk away. Or, you are perfectly ok just swapping spit in Cabela’s parking lot and driving away.
This post was edited on 2/7/20 at 11:44 pm
Posted on 2/7/20 at 11:49 pm to Bigsampson
I would prefer to get a bill of sale.You sell it to a honest person,it could still be stolen and used in a crime.
Posted on 2/8/20 at 12:13 am to weisertiger
I'm glad there are others here that know more about this than me. But, it just seems like a good idea to get something in writing saying that (1) you no longer own it and (2) who you sold it to...I mean, you never know.
Posted on 2/8/20 at 6:06 am to Duckhammer_77
quote:
But, it just seems like a good idea to get something in writing saying that (1) you no longer own it and (2) who you sold it to...I mean, you never know.
Problem with the bill of sale, how does anyone know its real? Unless you get it notarized with a witness, its just some info on a napkin.
Common sense says its real, but would it hold up in court?
Posted on 2/8/20 at 6:11 am to kengel2
It’s not about the document holding up in court. You get a bill of sale if just in case the gun is used in a crime when the cop show up at your door and say a gun you purchased was used in a crime. You can say I sold it to this person and here is his name and drivers license #.
Posted on 2/8/20 at 6:49 am to weisertiger
No matter what anyone says in this thread... ALWAYS have a paper trail for any guns sold privately.
Louisiana doesn't require ANYTHING when it comes to private gun sales but in order to CYA, download any of the 1000's of firearm bills of sale online, print out 2 copies and both you and the buyer should fill it out.
If a buyer doesn't agree to it, I wouldn't sell a firearm to them.
Louisiana doesn't require ANYTHING when it comes to private gun sales but in order to CYA, download any of the 1000's of firearm bills of sale online, print out 2 copies and both you and the buyer should fill it out.
If a buyer doesn't agree to it, I wouldn't sell a firearm to them.
Posted on 2/8/20 at 6:53 am to FrankDrebin
quote:
The only paperwork attached to the purchase of the gun would be the original background check which is supposed to be “destroyed” in a certain amount of time. 24 hrs. I think.
Wrong!
The electronic inquiry to the background check system is destroyed, however the hard copy that's filled out whereever the gun is purchased is kept for the lifetime of the business and then turned over to the ATF if/when the business closes. So there's always a paper trail.
Which is why it's so important to get a bill of sale signed whenever doing a private gun sale, even though it's not required by the state.
This post was edited on 2/8/20 at 6:56 am
Posted on 2/8/20 at 6:53 am to civiltiger07
quote:
when the cop show up at your door and say a gun you purchased was used in a crime. You can say I sold it to this person and here is his name and drivers license #.
Or you can just tell the police “I sold that gun years ago”. Your statement is just as strong as some “Bill of Sale” you wrote on a piece of paper. As pointed out above, if you really want something legal use a notary. Otherwise, it’s just a piece of paper to make you feel good and isn’t legally required.
Posted on 2/8/20 at 6:56 am to cdaniel76
If I were buying the gun, I’d damn sure want a bill of sale proving the seller agreed to sell it.
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