Selling/Trading a Gun in WI?


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HGM22
December 1, 2010, 03:42 AM
I'm interested in selling one of my firearms. How do I go about doing this in Wisconsin?

From what I've read (not necessarily WI), as long as you don't know the person is a felon or otherwise prohibited, it is ok to sell. Is this true? That's it? All I have to do is basically check the person's ID to make sure they are 18 and that's it (can't really run a NICS...)? Is it my responsibility to spot a fake ID on the off chance one were to be used? That proposal to eliminate private sales (in WI) wasn't put into law, was it?

If it really is that simple, would it seem out of place if I recorded the buyer's name, phone number, and address? Would having him/her sign a contract stating they accept responsibility for misuse, they are not prohibited, etc. be a good idea?

Also, I assume the safest way to go about the sale is to simply pay a FFL to transfer the gun from me to the buyer. I can do this, but it might be inconvenient to the buyer as my favorite FFL (i.e. the one not charging $50-75 transfers) is 40 minutes away.

Basically I just want to be sure that I am following all the laws and can not be held responsible for the gun being misused (either in a crime or through negligence).

Also, I assume if I want to sell a gun online (across state lines most likely) my best bet is to have my FFL transfer it to the buyer's FFL? I can't ship direct to their FFL, can I (don't really want to, but just curious)?

Sorry for the long post, but I want to be sure that I have all the bases covered with the latest info.

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NavyLCDR
December 1, 2010, 10:22 AM
I'm interested in selling one of my firearms. How do I go about doing this in Wisconsin?

You have no reasonable belief or knowledge that the person is not a WI state resident, is not <18 years old, is not a felon, an illegal alien, subject to a domestic violence protection order or conviction. <--what that all means is look at his/her driver's license and if something doesn't feel/seem right don't do it. If everything looks OK, go ahead and sell.

From what I've read (not necessarily WI), as long as you don't know the person is a felon or otherwise prohibited, it is ok to sell. Is this true? That's it? All I have to do is basically check the person's ID to make sure they are 18 and that's it (can't really run a NICS...)?

Yes.

Is it my responsibility to spot a fake ID on the off chance one were to be used? If it looks like your own driver's license, you're good to go. If it is printed on toilet paper, probably not so much.

That proposal to eliminate private sales (in WI) wasn't put into law, was it?

Not that I could find.

If it really is that simple, would it seem out of place if I recorded the buyer's name, phone number, and address? Would having him/her sign a contract stating they accept responsibility for misuse, they are not prohibited, etc. be a good idea?

You can do whatever you want to as far as paperwork/contract. My personal limit when buying or selling a gun is a two-part bill of sale. It shows the name, address and phone numbers of the buyer and sellers, the date of sale, the purchase price, and the make/model/serial number of the gun. I sign one and give to the buyer as a receipt for their money, they sign one and give to me as a receipt for the gun. That's it. You won't get a copy of my driver's license or record it's number and I won't require that of a buyer.

Also, I assume the safest way to go about the sale is to simply pay a FFL to transfer the gun from me to the buyer. I can do this, but it might be inconvenient to the buyer as my favorite FFL (i.e. the one not charging $50-75 transfers) is 40 minutes away.

Yep. Again, my personal limit is that I wil not pay for an FFL transfer as either the buyer or seller. Whatever you decide to require for the transaction, state your requirements up front in the sale ad. It's bad Karma to offer a gun for sale for cash and then show up and require an FFL transfer and a copy of ID and to examine the birth records of the purchaser's children.

Basically I just want to be sure that I am following all the laws and can not be held responsible for the gun being misused (either in a crime or through negligence). If you sold a car to a guy who 10 years later got drunk and killed somebody while driving, would you be responsible? You would only be responsible if the guy was drunk when you sold him the car and he killed someone on the way home. Same deal with guns. If you don't knowingly conspire to aid in the commission of a crime, or don't know or have reasonable suspicion the person is prohibited, you are good to go. Tens of thousands of private firearms sales happen every year.

Also, I assume if I want to sell a gun online (across state lines most likely) my best bet is to have my FFL transfer it to the buyer's FFL? I can't ship direct to their FFL, can I (don't really want to, but just curious)? If the FFL will accept shipments from private parties you certainly can ship directly to an out of state FFL (and that is just the FFL's decision, there is no law prohibiting you shipping a gun to an FFL.) Long guns/shot guns are probably cheaper for you to send to an FFL via US Post Office. Handguns are probably cheaper to send via an FFL on your end, if their charges are reasonable.

HGM22
December 1, 2010, 05:36 PM
Hey, thanks NavyLT. That's kind of what I thought, but in my anal retentiveness I wanted to be sure. But thanks again for going through my myriad of questions.

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