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Started By
Message
re: Laws regarding private sell of guns
Posted on 2/8/20 at 6:57 am to jbgleason
Posted on 2/8/20 at 6:57 am to jbgleason
Again it’s not about the bill of sale being legal or “holding up in court”. It’s for having the information on a piece of paper so you say this is who I sold it to instead of “I sold it to some guy from Gonzales”. “I think his name was Gary.”
Posted on 2/8/20 at 7:01 am to LSUCouyon
quote:
If I were buying the gun, I’d damn sure want a bill of sale proving the seller agreed to sell it.
Exactly... It protects you as a buyer as well.
Posted on 2/8/20 at 7:03 am to civiltiger07
quote:
Again it’s not about the bill of sale being legal or “holding up in court”. It’s for having the information on a piece of paper so you say this is who I sold it to instead of “I sold it to some guy from Gonzales”. “I think his name was Gary.”
Bingo...
The BOS I use has a spot for a drivers or conceal carry license #. I will not sell a firearm to anyone who won't agree to providing that info, along with their name, address and phone number.
Posted on 2/8/20 at 7:09 am to cdaniel76
Meh. I take cash. I hand over gun. I snap a picture of their license plate when they drive off
When it leaves my possession it is not my problem.
When it leaves my possession it is not my problem.
Posted on 2/8/20 at 7:17 am to weisertiger
All the other BS aside, tell me about this gun you're looking to sell.
Posted on 2/8/20 at 7:29 am to civiltiger07
quote:
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 #.
And what if they dont believe you or the other guy says its fake?
Will it hold up in court?
ETA: I'm not saying to not use it, just wondering what protection it really provides unless its notorized?
This post was edited on 2/8/20 at 7:33 am
Posted on 2/8/20 at 7:56 am to kengel2
quote:
And what if they dont believe you or the other guy says its fake?
Will it hold up in court?
ETA: I'm not saying to not use it, just wondering what protection it really provides unless its notorized?
Sounds like you may want to go ahead and use an FFL.
This post was edited on 2/8/20 at 10:37 am
Posted on 2/8/20 at 9:13 am to speckledawg
quote:
All the other BS aside, tell me about this gun you're looking to sell.
It is a CZ Canvasback with silver receiver and accents
Exactly like this one but with the Delta Waterfowl logo engraved in the stock
Posted on 2/8/20 at 10:01 am to jimbeam
Add a brief BOS to the scenario 1-4 on this post so you can point somewhere if the gun shows up stolen or shows up at a crime scene.
Posted on 2/8/20 at 10:45 am to cdaniel76
This is false. The business you buy a gun from usually don’t keep the paperwork you fill out for more than a year. There is NO system with serial numbers linked to purchasers of firearms. Some people on here have no clue what their talking about. This is AMERICA. There is NO REGISTRATION DATABASE. For frick sake. People make some things so complicated
Posted on 2/8/20 at 11:19 am to mydadwillSueU
quote:
The business you buy a gun from usually don’t keep the paperwork you fill out for more than a year.
By law the FFL Dealer has to keep the 4473 for the life of the business.
This post was edited on 2/8/20 at 11:19 am
Posted on 2/8/20 at 11:24 am to civiltiger07
False. Got 3 guns stolen, went to dealer where I bought gun, asked if they could look up serial numbers, they did not have record of numbers.
Because they shred the papers within a year.
This was 2 different dealers btw
Because they shred the papers within a year.
This was 2 different dealers btw
Posted on 2/8/20 at 11:35 am to mydadwillSueU
All I can tell you is look up 27 cFr 478.129(b).
Posted on 2/8/20 at 11:41 am to Bigsampson
quote:
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.
There is some confusion in this post if you are suggesting a private seller can sell a long gun to a non-resident.
A licensed FFL dealer can sell a non-resident a long gun, but a handgun must go through an FFL in the buyer's state.
A private seller cannot sell any gun (long or handgun) to a non-resident of his state.
No. 2 on Top 10 most asked questions to the ATF:
quote:
2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.
And again from the ATF:
quote:
To whom may an unlicensed person transfer firearms under the GCA?
A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. ... Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.
ATF
But a licensed dealer can sell a long gun to a non-resident:
quote:
May a licensee sell a firearm to a nonlicensee who is a resident of another State?
Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a State other than the State in which the seller’s licensed premises is located. ... [A] licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.
More ATF
Posted on 2/8/20 at 12:05 pm to weisertiger
Sale of gun
If you do a bill of sale, have proper word usage
If you do a bill of sale, have proper word usage
This post was edited on 2/8/20 at 12:19 pm
Posted on 2/8/20 at 12:17 pm to civiltiger07
quote:
year.
By law the FFL Dealer has to keep the 4473 for the life of the business.
Bought a gun at a shop in metry in 85 and in 86 gun was involved in a shooting police wanted bill of sale to return it to me
Went to store I bought it NO record
Posted on 2/8/20 at 12:26 pm to choupiquesushi
27 cFr 478.129(b)
Would not be surprised is when this was passed many dealers didn’t pay attention to it. But by law they have to retain the 4473 paperwork.
quote:
Licensed importers and licensed manufacturers may dispose of records of sale or other disposition of firearms prior to December 16, 1968. Licensed dealers and licensed collectors may dispose of all records of firearms transactions that occurred prior to December 16, 1968.
Would not be surprised is when this was passed many dealers didn’t pay attention to it. But by law they have to retain the 4473 paperwork.
quote:
Licensees shall retain each Form 4473 and Form 4473(LV) for a period of not less than 20 years after the date of sale or disposition. Where a licensee has initiated a NICS check for a proposed firearms transaction, but the sale, delivery, or transfer of the firearm is not made, the licensee shall record any transaction number on the Form 4473, and retain the Form 4473 for a period of not less than 5 years after the date of the NICS inquiry. Forms 4473 shall be retained in the licensee's records as provided in § 478.124(b): Provided, That Forms 4473 with respect to which a sale, delivery or transfer did not take place shall be separately retained in alphabetical (by name of transferee) or chronological (by date of transferee's certification) order.
Posted on 2/8/20 at 12:33 pm to LSUCouyon
Last gun I sold we did it through a FFL. Can look online find someone in area to do it for fee from $20-$30.
I did it because felt it was safer to transfer that way. I had some sketchy people call an sound as if they need the gun now, like had plans to use it that night. Told them wanted to do it with FFL and they said ok will call you back , they never called back.
I did it because felt it was safer to transfer that way. I had some sketchy people call an sound as if they need the gun now, like had plans to use it that night. Told them wanted to do it with FFL and they said ok will call you back , they never called back.
Posted on 2/8/20 at 1:06 pm to Twenty 49
You're actually misinterpreting that slightly. As you have no legal obligation to get proof of residency.
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