how do i sell a gun

Discussion in 'The Powder Keg' started by ttwinsupra, Oct 21, 2008.

  1. ttwinsupra

    ttwinsupra G&G Newbie

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    what do you need to do to sell your gun, is there someone i need to call or any paperwork i need to fill out, or the person buying needs to fill out?

    im going to trade one of my guns for a dirtbike and i have no idea how to legaly do this trade. i dont know this guy and I dont want to be responsible if he does something bad
  2. TexasT

    TexasT Devil's Advocate >:) Forum Contributor Forum Contributor

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    Handgun or long gun?
  3. kansascoyote

    kansascoyote G&G Newbie

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    Private sales from one person to another have no legal restrictions . Weird huh as long as you are not buying the gun for a known felon or someone you have personal knowledge of that could not legaly buy the gun themselves . This has to proven in court should it come to that . I DO NOT ADVOCATE BUYING GUNS FOR PEOPLE NOT MEETING FEDERAL STANDARDS.That is just the laws .At least in Kansas. I strongly suggest a sales receipt showing this sale with both partys signatures. Just call it covering your 6. Just have someway of clearing your name .
  4. KW Gary M

    KW Gary M Suspended

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    Each State will vary. I'd check with your local State Police. Normally all you have to do is confirm the person is over 21 years old and just write up a bill of sale.
  5. GlockMeister

    GlockMeister G&G Enthusiast

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    It may cost a little more, and some don't like to do it because of the paper trail, but, if you want to cover your butt, especially if you don't know the buyer, not a friend or something, go through an FFL, If it's a local transaction, the FFL will usually only charge one fee. But if it's an out of state sale, you'll have to use an FFL to ship it and the buyer will have to use an FFL to receive it.

    But the best advice, check with whom ever governs firearm sales in your state, be it the State Police, Sheriff whomever.

    And even if a trade, an FFL is still usually required. remember, if you have to cover your owen butt, no one else will.
  6. TXplt

    TXplt Gun Toting Boeing Driver Forum Contributor

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    Handgun needs to be resident of the same state. I'd check AZ law, but don't imagine many restrictions on a private sale, or any paperwork required.

    In TX, you don't need any paperwork but can get a receipt for your own edification if desired. Be advised it is illegal to knowingly transfer or sell a firearm to a "prohibited individual" (you can get a listing of these from the reference to the law on the ATF website--it generally follows the questions asked by the form 4473). You might want to ask the person to verify residency and proper age w/drivers' license (if required), and to verify to you that he/she has no criminal record, etc.
  7. TexasT

    TexasT Devil's Advocate >:) Forum Contributor Forum Contributor

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    I wouldn't do it without paper work. You can make the paperwork up yourself and get it notarized.
  8. Ghost

    Ghost G&G Newbie

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    +1
    It's always good to have proof you are no longer responsible for that weapon.
  9. DaTeacha

    DaTeacha Things are not what they seem. Forum Contributor

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    All this is good stuff IF the gun came to you with paperwork. If you bought it for cash from a non-dealer, you can dispose of it the same way. You only need to prove you disposed of it if there is some record somewhere that you have it now.

    I bought an item at auction with no papers for one of my SILs and simply gave it to him. He has it, but it's invisible until he needs to use it to defend my daughter and grandkids or he wants to bring it out to practice with. No one knows I formerly owned it, and no one knows he owns it, unless it's listed on his insurance rider, which I'm pretty sure it is not.
  10. larmus

    larmus G&G Newbie

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    ttwinsupra just write up two recipts and have the serial numbers of each item put on the recipts and then both parties sign them.

    just sold a .357 privatly and did the same thing.

    i live right down the road (I-10) from ya, so as far as i know second hand sales are ok in az.
  11. TXplt

    TXplt Gun Toting Boeing Driver Forum Contributor

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    Actually

    Under TX law, there's no requirement to maintain any paperwork of any kind for a private sale whatsoever. Doing so is only for your comfort to verify that you did indeed dispose of the firearm and sell it to someone else (that way, if the firearm is later involved in some type of impropriety, you have some verification that you didn't own it at the time--whether or not this means or should mean anything to you is solely up to you).
  12. TexasT

    TexasT Devil's Advocate >:) Forum Contributor Forum Contributor

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    If you're selling the gun, I would definitely get some paperwork. If that comes back on you it could be a sticky situation that is hard to get out of. Write the serial numbers and a little thing saying the person you're selling to is not a felon or otherwise unable to own a firearm. Have both parties sign it. Better cover your arse now, it's hard to cover it after the fact.
  13. LarryO1970

    LarryO1970 G&G Enthusiast

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    okay... not to hijack the thread here... we can do this too.

    IF I were to purchase a pistol and wanted to gift it to my father in another state (not Kalifornia), how do I send it to him or do this legally?
  14. musicmaniac

    musicmaniac G&G Newbie

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    In regard to the original question, in AZ no paperwork is required. Personally, I would just type up a bill of sale that said somethin along the lines of, "I ______ hereby transfer one "insert make and model of firearm here" with a serial number of ______ to "the other guy here" for one "insert dirtbike make and model here" with a VIN number of _______ on this "insert date here". Then both of you sign it and keep a copy. It wouldn't be a bad idea to have someone notarize it if possible, but that wouldn't be completely necessary either. I would definitely keep a copy of his/her driver license though and a phone number for them as well. Just in case.


    Regarding LarryO1970's question, I believe all you would have to do would be to take it to a local FFL with the name, number, and address for the FFL you want him to ship it to where your pops would pick it up. You would have to pay your FFL a fee and your dad would have to pay the recieving FFL a fee as well. That is, if I am correct anyway. Somebody else should know better than me though.
  15. TXplt

    TXplt Gun Toting Boeing Driver Forum Contributor

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    Paper Trails work in all kinds of strange ways

    I'm not saying anyone is right or wrong, but I am saying that if a paper trail isn't required and you want one anyhow, it is totally up to you. Just be advised that some of these have come back at people in ways they really didn't intend them to (or forsee as possible), and in and of themselves are not without risk.

    It's the "Martha Stewart" thing--she wasn't thrown in the pokey for committing a crime but for allegedly lying about something when being interrogated later about a potential crime. Let's say a transaction itself isn't illegal but destroying a notarized document (or any other record) pertaining to it is (kind of like conspiracy vs. an actual crime). You inadvertantly toss or destroy a document and get into trouble for something you didn't really need to have in the first place. This is only one example.

    In short, you can have too much information and records sometimes (that you don't need to have).
  16. DaTeacha

    DaTeacha Things are not what they seem. Forum Contributor

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    Guns at auctions at the owners residence sell for more than the same gun in a store here in Ohio because there is no paperwork. This is especially true with sales where the original owner is dead. The deal is often done in cash, not check. It seems a lot of folks want 'invisible' guns. If you go to an auction off the premises of the owner, the paperwork needs to be done, the trail is started and prices are lower. Of course, there are the auction records of who bought what to consider, but those tend to be kept only until the auctioneer and seller settle up.
  17. big boomer

    big boomer G&G Enthusiast

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    I just take my buyer to my FFL and have him do the paper work cost me 15- 20 and saves my piece of mind as far as law is concerned.
  18. kansascoyote

    kansascoyote G&G Newbie

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    There is nothing to fear but goverment itself! ME
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