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jlovel7
USA Fan
Louisiana
Member since Aug 2014
13856 posts

Private firearms sales questions
I’m a new firearm owner in Louisiana. Obviously legally purchased all my current firearms. Ordered them all online and picked them up through FFLs.

Now I don’t ever plan on selling any. But say someone makes me a good offer I can’t refuse or something happens and I just have to sell it, what is my responsibility as a seller? And what is my liability? Obviously the worst case scenario is I sell it to someone and they end up doing something illegal with the gun. If law enforcement find the serial number and the manufacturer that’s listed on the receiver, is that going to tie it back to me? If I sell it should I get a notarized bill of sale proving I no longer own it?

I ask because my friend bought a gun this way from one of our friends and as far as I know he paid straight cash and from that point on it was just his. No paperwork, signing anything, background check.

Someone on here also called me out earlier about asking a lot about the fine lines of gun ownership and to whoever that was I assure you I ask so many questions here specifically so I can stay OUT of trouble. The last thing I want is to accidentally catch a felony due to my own ignorance

TIA
This post was edited on 11/21 at 4:45 pm


Tigerpaw123
USA Fan
Louisiana
Member since Mar 2007
14837 posts

re: Private firearms sales questions
In the state of Louisiana, you can not sell to a “known felon” other than that cash on the barrel and you are legal, most recommend having a bill of sale to include date, serial number names and signatures of both parties


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50
TrueBaldPate
LSU Fan
BR
Member since Dec 2019
338 posts

re: Private firearms sales questions
At least get copy of drivers license and a bill of sale with serial number on it. Last time I sold a gun I paid $30 for a FFL to do transfer.
I had some people calling asking if could come get it now will pay cash. Felt like they really needed a gun. I did not want to sell to someone who would rob me or needs the gun for a drive by in a hour.


jlovel7
USA Fan
Louisiana
Member since Aug 2014
13856 posts

re: Private firearms sales questions
quote:

At least get copy of drivers license and a bill of sale with serial number on it. Last time I sold a gun I paid $30 for a FFL to do transfer.
I had some people calling asking if could come get it now will pay cash. Felt like they really needed a gun. I did not want to sell to someone who would rob me or needs the gun for a drive by in a hour.


Good info. I would not want to sell to someone seemingly in a hurry like that either. Does that also mean that the retailer who sold me the gun retains records so say the police later pick up the sold gun and then see the manufacturer and then the serial number they contact them and they say yeah we sold that gun to jlovel7 and then I’m sure they’ll come knocking on my door and I better have proof that I sold that gun or is that a situation where the manufacturer will say we have no idea who we sold that to.


Tigerpaw123
USA Fan
Louisiana
Member since Mar 2007
14837 posts

re: Private firearms sales questions
quote:

Does that also mean that the retailer who sold me the gun retains records so say the police later pick up the sold gun and then see the manufacturer and then the serial number they contact them and they say yeah we sold that gun to jlovel7 and then I’m sure they’ll come knocking on my door


Yes , that is how it works

quote:

I better have proof that I sold that gun



Not really, without proof you sold the gun you still have not done anything wrong, would lead to more questions about where you were when the crime happened etc, could be a big headache prevented with a bill of sale


Misesreader
Colorado Fan
Denver
Member since Nov 2020
44 posts

re: Private firearms sales questions
Personally I prefer private sales. The less record of me owning a gun the better as far as I’m concerned.


Tigerpaw123
USA Fan
Louisiana
Member since Mar 2007
14837 posts

re: Private firearms sales questions
quote:

Personally I prefer private sales. The less record of me owning a gun the better as far as I’m concerned


You are talking about buying, he is talking about selling, if I am selling a gun (which I hope to never do again, sold one gun in my life and would love it back) I want a record


LSUA 75
LSU Fan
Colfax,La.
Member since Jan 2019
1413 posts

re: Private firearms sales questions
Funny thing about selling a gun just about every time I sold a gun I was sorry later.There are 3 in particular I wish I had back.


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60
Scoob
LSU Fan
Near Exxon
Member since Jun 2009
13556 posts

re: Private firearms sales questions
quote:

Good info. I would not want to sell to someone seemingly in a hurry like that either.
I guess that depends on how desirable the gun is to someone.

Let's say, for example, you had a Garand that you were willing to let go at or below actual CMP price; heck yeah I would likely call you and want to get it ASAP. Or a Walther P88 or HK P7, below market price.

If it's something someone wants and has been looking for, and the price is right, it won't last long. A few years back my son was interested in getting a lever gun, just to go with his other rifles (we like to collect). Someone on a local forum listed a Winchester 94 for $300. I made contact as soon as I saw that listing, and we met and did the deal in a day.


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Twenty 49
LSU Fan
Shreveport
Member since Jun 2014
13624 posts

re: Private firearms sales questions
You can only lawfully sell to a resident of your state, unless you run it through a dealer.

Here is what the ATF says about federal law. They note that state law may impose different rules.

May I lawfully transfer a firearm to a resident of the same State in which I reside?

Any person may sell a firearm to an unlicensed resident of the State where he resides as long as he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.

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.

LINK

Law firm lists examples of problematic private sales. LINK
This post was edited on 11/22 at 7:24 am


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SpeckledTiger
LSU Fan
Denham Springs
Member since Jul 2010
1383 posts

re: Private firearms sales questions
I ask to see an ID to "reasonably verify" residency and ask for a bill of sale with Name, signature, Address, and DL number of both parties. Each party gets a copy. Even that is far beyond the legal obligation. If someone is unwilling to do that much, I can easily find another buyer who will. Not worth the fight. Also, don't spring this on someone at the sale. Make sure the terms and expectations are clear before ever meeting them.


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saintsfan1977
West Monroe, from Cajun country
Member since Jun 2010
5006 posts

re: Private firearms sales questions
quote:

could be a big headache prevented with a bill of sale


The criminal could make one up on the spot so it's pretty damn pointless.

A bill of sale isn't to cover your ass. It's to help you sleep better at night.

10 years ago, nobody did bill of sales. You sold the gun and never thought twice about it. Now we need a piece of paper? If you don't want a gun sell it, make up a bill of sale or don't. It doesn't matter.

If I'm selling a firearm, the only thing I want to see is cash. After that it's yours. I don't care if you're America's Most Wanted from Alaska. It's not my job to background check you.


Rando
USA Fan
When IPs were Visible
Member since Apr 2015
20192 posts

re: Private firearms sales questions
quote:

don't care if you're America's Most Wanted from Alaska. It's not my job to background check you.


It's frickers like you who will ruin it for the rest of us.

I had a guy show up to buy a gun once in walmart parking lot. Middle aged. Well dressed. Newer jeep. But he just looked....off. Like he did a line of coke 30 seconds before opening tje door.

I declined the sale and he through the most epic temper tantrum I've ever seen a grown man have. Definitely not rational behavior.

Probably saved some woman's life.


Scoob
LSU Fan
Near Exxon
Member since Jun 2009
13556 posts

re: Private firearms sales questions
quote:

It's frickers like you who will ruin it for the rest of us.

I had a guy show up to buy a gun once in walmart parking lot. Middle aged. Well dressed. Newer jeep. But he just looked....off. Like he did a line of coke 30 seconds before opening tje door.

I declined the sale and he through the most epic temper tantrum I've ever seen a grown man have. Definitely not rational behavior.
Well,...
I have only ever sold to someone I know. 2 guns, same guy. We're friends from work and shooting buddies. I've seen his other guns, I know he's legal. Or, better put, I know he owns other guns and we've shot together (as I have never ran a check on him to be SURE).

So, cash both times, no worry with papers.

I've only ever bought one for cash; guy with a posting history listed the Winchester on Bayou Shooters. He posted a WTS, I replied in time, we agreed to meet at a Walmart parking lot. All he wanted was cash. I did ask, he said he had other deer rifles and wanted to move it. His posting history seemed to back that up. I was pleased to pick up a decent 30-30 for 3 bills.

Years ago my dad also picked up guns, they were in payment from people he knew, that he helped out (Dad was an engineer by profession, but as a classic "Dad", he could do everything involved in completely rebuilding a car- mechanically, body work, paint, etc; same thing for a house. We had a tool shed that he literally turned into a 1 bedroom house with full kitchen and bathroom for his parents to stay the winter). So he'd help people he knew, and they'd offer to pay, and he'd refuse, saying help me out next time I need manpower. Sometimes they were so grateful they'd still give him something, one cop gave him a S&W 38 Special, and another guy gave him a 12 gauge pump. Nobody ever cared about papers then.

Moral is, I guess, know who you're dealing with, and it should be fine. If it's a stranger, try to do a little something to make sure it's ok.

OP, you might float the idea of selling a gun to some of the guys you know. You never know who might decide they want something.

Rando- I don't know the details of your failed sale, but if I arranged to meet someone for an agreed purchase, and they backed out after we met up, I'd be a bit pissed. I probably wouldn't act a fool about it, but I'd be asking- I thought we had a deal, what's going on here? Understand, as a buyer you're agreeing to meet an armed stranger while carrying cash, if they act funny you might wonder if you're about to get robbed.

I didn't go alone to my purchase, and the person with me was armed and stayed in the car, watching. He wasn't threatening, but he made sure if I got shot, I wouldn't be the only one. Everything went smoothly.


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saintsfan1977
West Monroe, from Cajun country
Member since Jun 2010
5006 posts

re: Private firearms sales questions
quote:

It's frickers like you who will ruin it for the rest of us.



Shall not be infringed fricker. Everyone of age that can walk freely amongst us should be able to purchase a firearm, no questions asked.


Rando
USA Fan
When IPs were Visible
Member since Apr 2015
20192 posts

re: Private firearms sales questions
quote:

Shall not be infringed fricker. Everyone of age that can walk freely amongst us should be able to purchase a firearm, no questions asked.


Shall not be infringed by the government you fricking idiot. I would still be able to buy a machine gun at the store if some dumbass clerk back in the dayhad just been like maybe we don't sell this guy


saintsfan1977
West Monroe, from Cajun country
Member since Jun 2010
5006 posts

re: Private firearms sales questions
quote:

Shall not be infringed by the government you fricking idiot. I would still be able to buy a machine gun at the store if some dumbass clerk back in the dayhad just been like maybe we don't sell this guy


Wrong. There wasn't widespread killings with machine guns. The govt decided to ban them for no reason than to keep them away from us. Anyone of age that walks freely amongst us should be able to purchase a firearm. If you don't believe that then you don't believe in freedom.
This post was edited on 11/23 at 5:07 am


civiltiger07
LSU Fan
Baton Rouge
Member since Dec 2011
11074 posts

re: Private firearms sales questions
quote:

There wasn't widespread killings with machine guns. The govt decided to ban them for no reason than to keep them away from us.


Well this is not completely true. The 1936 NFA Act was enacted in response to the gang violence happening at the time. Now the bill passed in 85 that banned the new manufacturing of full autos was done at a time when full autos were not used in murders really at all if any.


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