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Discussion in 'Legal and Activism' started by chaos, Mar 23, 2012.
I was just wondering what the laws are regarding private sales ?
Depends on whats bein sold. Anywhere i know of in the US you can buy a handgun at 18 in a private sale but not the ammo at any big name store.
God didnt make all men equal colonel Sam Colt did
Depends on your state. In Texas, 18 yrs old can buy a pistol in a private sale but cannot buy a pistol from a retailer or FFL.
I am several years above 18 ...I was just wondering if I would have to go to the local pd and get something stating the gun is going in to my name or being transferred out of my name
Strongly recommend you contact you local authorities and ask this question. No offense to anyone here, but taking internet advice about the legality of anything can be a quick trip to trouble land.
different states have different laws governing private sales. as a private citizen you obviously can't do a background check. my suggestion is this, if you have a pistol you want to sell either find a LGS that offers consignment sales and then they can handle the FFL for a buyer of your pistol for a small fee. that way they are handling all the legal aspects of the sale and everything is above board. another way is to offer it to an FFL dealer for sale. if in the market to buy, you best recourse is to go through an FFL for sale as this protects you fron any nasty suprises down the road, like what if the firearm was stolen or used in the commision of a crime. bye bye gun, bye bye any money spent. going through an FFL is just safer IMO. i would only buy or trade from someone i knew and trusted, like a friend or family member. a lot of people who are legally restricted from buying sometimes buy a firearm from a private sale as they can't legally go through an FFL and pass a background check. just remember to protect yourself legally.
Federal law- an unlicensed person may sell a handgun to a resident of their own state, if seller does not have reason to believe buyer cannot legally possess a handgun.
State law- ALL over the place. Some require the sale to take place AT the police dept. Some require a purchase permit (even for private sales)- and some require nothing.
Common misconception- that a gun is somehow "registered" to a particular owner (Thank you, CSI for that misinformation) In most of the US, there is NO registration of ordinary firearms. It is not "in your name" unless your name is Colt, Wesson, or Highpoint.
For a straight answer, suggest you check with local gun shop, who will probably have a better grip on state gun laws that local PD. As said, shops also do consignment sales, where they get an amount for selling for you.
When you buy a gun from a dealer, it is not registered to you in some mysterious manner (no one to register it WITH). The dealer maintains a record of the sale at his shop for 20 years. Those records CAN be subpoenaed by law enforcement.
No private handgun sales are allowed in New York State. Check with your local authorities to understand the local laws. There is no federal regulation of private (non-Class III) firearm sales.
Some of the people that ask questions regarding things legal and guns on here have the bad habit of not stating where they hail from. Like you have been told prior, there are the Federal laws per the NFA and then the state laws. The state laws directly affect the buying and selling of weapons and do vary from state to state like was already stated. Not knowing where you are referring to geographically makes it pretty difficult to give you a definitive answer and we don't want to give anyone bad info, and for a topic like this, generic info won't work.
Many states like California require the sale to go through an FFL.
Everybody must have their own PFD within reach.
If you call the police for info, use the name of an anti gunner you know instead of your own.
i dont believe that statement is accurate.
Thankfully, Kommufornia is a minority in its draconian gun laws.
In Oregon, especially right on the border with another state, it is very clear that we may conduct face-to-face sales with anybody who is a resident of our state. Neither party must do anything in particular for the transfer to be legal except ascertain that the person is a resident of Oregon. It is very much like buying/selling a used TV or something. I, personally, make a bill of sale that I have both parties sign that has serial number info and drivers license of both parties, but that is because I am anal and OCD about my firearms records, not because of state or federal law.
What state are you in? That would be helpful!
I'm in Indiana .that's what I was going to do is just make a bill of sale ..it's between me and best friend so I know he can legally own it..
most states a face to face sale and transfer is legal and if you know the person is legal and of age, then it should be legal to do so. i like going through an FFL for mine if it is someone i don't know and if they have some type of problem with doing so, then it sends up a big red flag and i have to wonder if the person i might be dealing with can legally own a firearm. i just inform them that this is the only way i will sell to a stranger and cancel the transaction going any futher.