What am I legally obliged to do when selling a firearm?


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macadore
March 3, 2013, 08:47 PM
I live in Texas and have collected AK's for several years. My interests changed a few years ago and I need to make room in the safe so it seems that now would be the time to sell some AK's. If I go to a gun show and sell some AK's, what are my legal obligations? Can I sell one FTF simply by exchanging the AK for the money?

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mljdeckard
March 3, 2013, 08:59 PM
Yes. Some guys like to see an ID or something to cover their own butt, but there is no requirement.

JRWhit
March 3, 2013, 09:06 PM
If your concerned about who it ends up with, around my neck of the woods it's popular to sell only to ccw holders. At least you know they have had a check within 3 yrs.
Or you could find an FFL who would do a consignment.

egg250
March 3, 2013, 09:07 PM
Federally, nothing, assuming none of the firearms you are selling are NFA items. I'm not versed in Texas gun laws. Virginia has no requirements for private sales. North Carolina has no requirement for rifle/shotgun sales, but handguns require the buyer to acquire a purchase permit prior to the sale.

macadore
March 3, 2013, 10:26 PM
Thanks everyone.

dirtengineer
March 3, 2013, 10:28 PM
This is a good summary.

http://www.justice.gov/usao/ut/psn/documents/guncard.pdf

macadore
March 3, 2013, 10:34 PM
This is a good summary.

http://www.justice.gov/usao/ut/psn/documents/guncard.pdf
Am I legally required to ask these questions under the Federal statute?

NavyLCDR
March 3, 2013, 11:29 PM
Am I legally required to ask these questions under the Federal statute?

This is the actual Federal Statute, 18 USC 922 (d). Notice the words are "knowing or having reasonable cause to believe." There is no requirement to verify, or even ask. An example of a violation would be if the buyer said something like, "I am glad you are selling me this gun, because I can't pass a NICS check."

http://www.law.cornell.edu/uscode/text/18/922

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who [2] has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.

macadore
March 3, 2013, 11:57 PM
No.
I didn't think so.

Thanks.

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