Private Gun Sale Question...

FoggyNoose · 11-12-2007, 02:44 PM

I wan't to buy a gun from my friend, and he wants to sell it to me.... but we don't know what the laws are. How do we get it out of his name and into mine ?

what's the Law on this ?....in Texas.

Oxford · 11-12-2007, 03:16 PM

Buying from an individual circumvents the rules FFL dealers must abide by. At the very least, determine who/how the seller acquired the gun. If you're still in doubt...or uneasy with the purchase, then don't buy it. You might end up with a gun which is has more potential trouble for you than you're bargaining for.

FoggyNoose · 11-12-2007, 03:44 PM

Wow... That's the most anti gun/2nd amendment site I've ever seen ! lol

But anyway... I saw him purchase the gun at a gun show...new from a dealer...

He is the one that is wondering how to get it out of his name and into mine....

I did'nt see any info to that effect in that link. All I saw was gunshow and private sales "bashing".

lefty o · 11-12-2007, 07:18 PM

technically, it should not be in his name, as registration is unconstitutional (yes, i know but lets not get started on that). in many states, you can legally conduct a face to face transaction, as long as you do not knowingly sell to a felon, looney, or drug addict (you get the idea). if it really concerns you, take it to a dealer and have them run you thru the NICS. they will likely charge you a small fee for this service.

troy2000 · 11-12-2007, 08:09 PM

I'm no help to you; I'm not familiar with Texas law. In California, they've decreed that every sale must go through an FFL, even individual to individual. The individuals have to go pay an FFL and run through the system anyway.

samuel · 11-12-2007, 08:14 PM

In Mich.You must go to the County Sherrif,s Office and get a permit to purchase a handgun.The transfer is on the permit. sam.

ArkansasHunter · 11-12-2007, 08:26 PM

Have the seller type up a bill of sale (or go buy one) with serial number, Manufacture and type firearm .
Then have it noteterized.
You both should get a copy, this is if a seller can sell to a individual with out going to an ffl holder or to the Sherrif as told in the other posts.
It's better to be safe than sorry, even if such a document is not needed...A.H

Mooseman684 · 11-12-2007, 09:12 PM

I buy guns All the time from Individuals. Just Get a reciept with price , Date, and serial Number and both names and addresses on the reciept. Doesn't have to be notarized, just both sign it. This is just to cover both of you If the gun is stolen later, or if the ATF comes to Him Looking for it for some reason. Texas Laws are on the Internet.
There Is NO Federal Law Covering individual sales (Yet)!
Rich

ArkansasHunter · 07-13-2008, 10:35 AM

HI trailboss60 WELCOME to GUN and GAME feller !!! Why don't you mozzy over to the Introduction Thread and Introduce yourself.
Were delighted you joined...A.H

Randy191145 · 07-13-2008, 10:41 AM

Trailboss I am with you!

TXplt · 07-13-2008, 11:00 AM

Quote:

Originally Posted by Mooseman684

I buy guns All the time from Individuals. Just Get a reciept with price , Date, and serial Number and both names and addresses on the reciept. Doesn't have to be notarized, just both sign it. This is just to cover both of you If the gun is stolen later, or if the ATF comes to Him Looking for it for some reason. Texas Laws are on the Internet.
There Is NO Federal Law Covering individual sales (Yet)!
Rich

I live here in TX, and this is correct from everything I know. Private transactions are just that. The receipt that Mooseman suggests, although strictly speaking I don't think a requirement, is a very good idea in case something happens later. There's no registration here (and thus no "name"), and no requirement to report lost or stolen firearms, nor private sales; however, you can't be too careful.

BTW, welcome to the site in case someone hasn't already said it

And also welcome to you, Trailboss

billy · 07-13-2008, 11:02 AM

Quote:

Originally Posted by FoggyNoose

I wan't to buy a gun from my friend, and he wants to sell it to me.... but we don't know what the laws are. How do we get it out of his name and into mine ?

what's the Law on this ?....in Texas.

google private gun sales laws for the state you live in.

Capt'n Mil Coll · 07-13-2008, 11:08 AM

I purchase firearms from individuals all the time. I intentionally DO NOT keep records of these transactions. I do not have an ffl 01 or a cr 03 and NO LAW says I have to record any of these purchases or sales.

This is a private sale and I dont have to keep any record of it any more than I do if I sell you a used toaster.

Different states have different requirments but where I live there is no nazi requirement for running a firearm sale through the STATE.

Actually unless your state demands you keep records of these sales your better off not to. Then not one govt agency can come back at you for buying or selling a firearm.

Is the firearm your buying a handgun or a rifle/shotgun? Sometimes that makes a difference in state law as well.

LEE3370 · 07-13-2008, 11:09 AM

Is it a longgun or a handgun?
I think (I said "I think") there is a federal law now against private handgun sales everywhere in the US of A. All handgun sales must go through an FFL holder.

HARDERTR · 07-13-2008, 11:16 AM

Stop filling this poor fella full of paranoia and "I thinks...."

You don't have to do ANYTHING except hand over the money in exchange for the goods. It's when folks don't take the time to know right from wrong that they usually end up surrendering their rights VOLUNTARILY!

No receipt or paperwork of ANY KIND is necessary! The ONLY stipulation would be if one of you are a felon and legally forbidden from owning a gun...and only then it applies if the seller KNOWS you are a felon. By keeping a paper trail, you actually leave yourself open for even more questions.

I suggest you VERIFY for yourself... you may even learn something.

I suggest you start with this: ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives

TXplt · 07-13-2008, 11:16 AM

Quote:

Originally Posted by LEE3370

Is it a longgun or a handgun?
I think (I said "I think") there is a federal law now against private handgun sales everywhere in the US of A. All handgun sales must go through an FFL holder.

I've heard nothing of the kind--unless new within the last 3 months.

here's from the reg:

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

I can't see how your having a receipt would hurt--it's only there for verification purposes should you so choose to use it. You could quite legally keep or destroy it as you saw fit.

Capt'n Mil Coll · 07-13-2008, 11:28 AM

Right you cannot sell to a person who lives in another state without going through an FFL holder. But you can sell to anyone in your state face to face with no paperwork of any kind. Dependant on state law.

Texas is pretty understanding on firearms so I cant believe they would have any laws against face to face private sales.

TXplt · 07-13-2008, 11:34 AM

^^Correct.

Cyrano · 07-13-2008, 01:39 PM

Foggy, try calling your County Clerk and asking what the rules are in your county. In many states, the County Clerk's Office is the recording authority for firearms that must be registered, like pistols. If the Clerk does not know, the chances are he/she will be able to tell you who to ask.

trailboss60 · 07-13-2008, 03:40 PM

Thanks for the welcome guys, I found this thread while searching for something unrelated, it is an old thread, so I guess that Foggynoose already made the transaction. It sounds like Az.'s policy pretty much mirrors Texas policy regarding gun sales. As a seller though, I would want to keep a copy of the buyers info if I received the gun from an FFL for obvious reasons.

11-12-2007, 02:44 PM	#1
FoggyNoose Member Join Date: Nov 2007 Location: house on the hill Posts: 50	Private Gun Sale Question... I wan't to buy a gun from my friend, and he wants to sell it to me.... but we don't know what the laws are. How do we get it out of his name and into mine ? what's the Law on this ?....in Texas.

11-12-2007, 03:16 PM	#2
Oxford Super Moderator Join Date: Mar 2002 Location: Gladstone, Missouri Posts: 13,021 Blog Entries: 4	Buying from an individual circumvents the rules FFL dealers must abide by. At the very least, determine who/how the seller acquired the gun. If you're still in doubt...or uneasy with the purchase, then don't buy it. You might end up with a gun which is has more potential trouble for you than you're bargaining for. __________________ "If it's worth doing, it's worth doing right". Last edited by Oxford; 07-23-2008 at 02:04 PM.

11-12-2007, 03:44 PM	#3
FoggyNoose Member Join Date: Nov 2007 Location: house on the hill Posts: 50	Wow... That's the most anti gun/2nd amendment site I've ever seen ! lol But anyway... I saw him purchase the gun at a gun show...new from a dealer... He is the one that is wondering how to get it out of his name and into mine.... I did'nt see any info to that effect in that link. All I saw was gunshow and private sales "bashing". Last edited by FoggyNoose; 11-12-2007 at 04:26 PM.

11-12-2007, 08:09 PM	#5
troy2000 Resident Armed Liberal Join Date: Dec 2004 Location: Southern California Posts: 9,405 Images: 9	I'm no help to you; I'm not familiar with Texas law. In California, they've decreed that every sale must go through an FFL, even individual to individual. The individuals have to go pay an FFL and run through the system anyway. __________________ If a million people say a foolish thing, it is still a foolish thing. -Anatole France

11-12-2007, 09:12 PM	#8
Mooseman684 Super Moderator Join Date: Dec 2005 Location: Alaska Wilderness Posts: 9,634 Images: 2	I buy guns All the time from Individuals. Just Get a reciept with price , Date, and serial Number and both names and addresses on the reciept. Doesn't have to be notarized, just both sign it. This is just to cover both of you If the gun is stolen later, or if the ATF comes to Him Looking for it for some reason. Texas Laws are on the Internet. There Is NO Federal Law Covering individual sales (Yet)! Rich __________________ You know you might be facing your doom,when all you get is a click when you're expecting a BOOM!

11-12-2007, 07:18 PM	#4
lefty o Senior Member Join Date: Mar 2002 Location: mn Posts: 4,785	technically, it should not be in his name, as registration is unconstitutional (yes, i know but lets not get started on that). in many states, you can legally conduct a face to face transaction, as long as you do not knowingly sell to a felon, looney, or drug addict (you get the idea). if it really concerns you, take it to a dealer and have them run you thru the NICS. they will likely charge you a small fee for this service.

11-12-2007, 08:14 PM	#6
samuel Senior Member Join Date: Dec 2006 Posts: 5,087	In Mich.You must go to the County Sherrif,s Office and get a permit to purchase a handgun.The transfer is on the permit. sam.

11-12-2007, 08:26 PM	#7
ArkansasHunter Senior Member Join Date: Mar 2007 Location: South Arkansas Posts: 10,678	Have the seller type up a bill of sale (or go buy one) with serial number, Manufacture and type firearm . Then have it noteterized. You both should get a copy, this is if a seller can sell to a individual with out going to an ffl holder or to the Sherrif as told in the other posts. It's better to be safe than sorry, even if such a document is not needed...A.H

07-13-2008, 10:35 AM	#9
ArkansasHunter Senior Member Join Date: Mar 2007 Location: South Arkansas Posts: 10,678	HI trailboss60 WELCOME to GUN and GAME feller !!! Why don't you mozzy over to the Introduction Thread and Introduce yourself. Were delighted you joined...A.H

07-13-2008, 10:41 AM	#10
Randy191145 Registered User Join Date: Jul 2008 Posts: 4	Trailboss I am with you!

07-13-2008, 11:08 AM	#13
Capt'n Mil Coll Military Rifle Collector Join Date: Mar 2008 Location: Right behind you. -NRA Member- Posts: 2,255 Images: 10	I purchase firearms from individuals all the time. I intentionally DO NOT keep records of these transactions. I do not have an ffl 01 or a cr 03 and NO LAW says I have to record any of these purchases or sales. This is a private sale and I dont have to keep any record of it any more than I do if I sell you a used toaster. Different states have different requirments but where I live there is no nazi requirement for running a firearm sale through the STATE. Actually unless your state demands you keep records of these sales your better off not to. Then not one govt agency can come back at you for buying or selling a firearm. Is the firearm your buying a handgun or a rifle/shotgun? Sometimes that makes a difference in state law as well. __________________ Let's light this fuse and see what happens! Last edited by Capt'n Mil Coll; 07-13-2008 at 11:11 AM.

07-13-2008, 11:09 AM	#14
LEE3370 Senior Member Join Date: Sep 2005 Location: Southern Indiana Perry County Posts: 396	Is it a longgun or a handgun? I think (I said "I think") there is a federal law now against private handgun sales everywhere in the US of A. All handgun sales must go through an FFL holder. __________________ GOD, COUNTRY, AND FLAG

07-13-2008, 11:16 AM	#15
HARDERTR Senior Member Join Date: Apr 2008 Location: Southern Iraq Posts: 189 Images: 9	Stop filling this poor fella full of paranoia and "I thinks...." You don't have to do ANYTHING except hand over the money in exchange for the goods. It's when folks don't take the time to know right from wrong that they usually end up surrendering their rights VOLUNTARILY! No receipt or paperwork of ANY KIND is necessary! The ONLY stipulation would be if one of you are a felon and legally forbidden from owning a gun...and only then it applies if the seller KNOWS you are a felon. By keeping a paper trail, you actually leave yourself open for even more questions. I suggest you VERIFY for yourself... you may even learn something. I suggest you start with this: ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives Last edited by HARDERTR; 07-13-2008 at 11:18 AM.

07-13-2008, 11:28 AM	#17
Capt'n Mil Coll Military Rifle Collector Join Date: Mar 2008 Location: Right behind you. -NRA Member- Posts: 2,255 Images: 10	Right you cannot sell to a person who lives in another state without going through an FFL holder. But you can sell to anyone in your state face to face with no paperwork of any kind. Dependant on state law. Texas is pretty understanding on firearms so I cant believe they would have any laws against face to face private sales. __________________ Let's light this fuse and see what happens!

07-13-2008, 11:34 AM	#18
TXplt Lost in the Ozone Again Join Date: Jan 2008 Location: Fort Worth, TX Posts: 2,775 Images: 4 Blog Entries: 2	^^Correct. __________________ Old fighter pilots never die.....They just wind up in Texas

07-13-2008, 01:39 PM	#19
Cyrano Senior Member Join Date: Oct 2007 Location: New York Posts: 2,288	Foggy, try calling your County Clerk and asking what the rules are in your county. In many states, the County Clerk's Office is the recording authority for firearms that must be registered, like pistols. If the Clerk does not know, the chances are he/she will be able to tell you who to ask.

07-13-2008, 03:40 PM	#20
trailboss60 Registered User Join Date: Jul 2008 Posts: 3	Thanks for the welcome guys, I found this thread while searching for something unrelated, it is an old thread, so I guess that Foggynoose already made the transaction. It sounds like Az.'s policy pretty much mirrors Texas policy regarding gun sales. As a seller though, I would want to keep a copy of the buyers info if I received the gun from an FFL for obvious reasons.