Buying a revolver at a yard sale
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amd6547
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In Ohio, a free man can sell his revolver (or any other gun) face to face, no FFL. Need to check the buyer is an Ohio resident.
Most states as long as you make the effort to not sell to a prohibited person. https://www.findlaw.com/consumer/consumer-transactions/private-gun-sale-laws-by-state.html
The easier question is in what states does the government have to be involved with a person to person sale.
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Depends on the state.
GeoDudeFlorida
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In some states, it depends on the county or city. In my county it’s fine but two counties east it’s a felony.
NIGHTLORD40K
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Huh? FL state pre-emption should shield you from any remaining county or city ordinances. I know some Leftist locales have kept them on the books, but they aren't enforceable.
NY, NJ, MD, OR to name a few. Probably DC and CA amongst others.
I used to be able to sell face-to-face in OR, but not any more.
EDIT to add: here is the link I used for the below list:
Quick google search turns up the following list of states that require something more than the federal government does for a handgun purchase:
California
Colorado
Deleware
DC
Florida - but only if the county requires it - good case for preemption
Hawaii
Illinois
Iowa - purchase permit that requires a background check
Maryland
massachusetts - foid card
Michigan - purchase permit that requires a background check
Minnesota - handguns and semiauto 'assault style rifles
Nebraska - handgun certificate or CCW both require a background chec,
New Jersey
New York
North Carolina - Permit that requires a background check
Oregon
Pennsylvania - handguns/short barreled rifles/shotguns through county sherrif - not for rifles
Rhode Island
Washington
Quick google search turns up the following list of states that require something more than the federal government does for a handgun purchase:
California
Colorado
Deleware
DC
Florida - but only if the county requires it - good case for preemption
Hawaii
Illinois
Iowa - purchase permit that requires a background check
Maryland
massachusetts - foid card
Michigan - purchase permit that requires a background check
Minnesota - handguns and semiauto 'assault style rifles
Nebraska - handgun certificate or CCW both require a background chec,
New Jersey
New York
North Carolina - Permit that requires a background check
Oregon
Pennsylvania - handguns/short barreled rifles/shotguns through county sherrif - not for rifles
Rhode Island
Washington
GeoDudeFlorida
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Alachua County passed an ordinance in 2018 requiring background checks on all firearms purchases, including private sales. The state is silent on the requirement which means there’s no preemption. At least, that’s what my lawyer buddy told me when I asked about selling my collection at a show in the area.
SterlingBullet
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Florida Statutes 790.33 Field of regulation of firearms and ammunition preempted.—
(1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.
(2) POLICY AND INTENT.—
(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.
(b) It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority.
It's legal in 29 states. I'll let you do the research to find out which ones. It only takes a minute or two of online searching.
.455_Hunter
Member
Colorado's UBC law is nuanced, with C&R eligible and pre-1898 antiques NOT requiring FFL transfer between state residents.
There's a provision in the state background check statute allowing counties to require the background checks on their property. That's not preempted by the preemption statute, because state laws allowing counties to do things are not preempted by the state.
That's why private sales are prohibited at some gun shows.
Unless, of course, Alachua County has passed an ordinance in defiance of the preemption statute for the entire county. Someone should sue.
Otherwise, it's just like the gun shows in SFL where a guy walking around the show with a rifle has to leave the show, and follows a buyer to the gas station on the corner to make the sale off county property.
Correction- it wasn't in the original background check bill, it was a referendum in 1998:
Firearms Purchases: Local Option For Criminal History Records Check And Waiting Period.—Authorizes each county the option of requiring a criminal history records check and waiting period of 3 to 5 days in connection with the "sale" of any firearm; defines "sale" as the transfer of money or other valuable consideration for a firearm where any part of the transaction occurs on property open to public access; does not apply to holders of a concealed weapons permit when purchasing a firearm.
The Alachua County ordinance is similar to the others I've seen which applies to publicly accessible property, and exempts buyers with CCW permits. Also, it's a county ordinance- it's a maximum of $500 fine/60 days- it's not a felony.
Sec. 82.01. - Intent and purpose.
It is the intent of this chapter to implement the constitutionally granted authority of the county to ensure that no firearm is sold, offered for sale, transferred or delivered where any part of the transaction is conducted on property to which the public has a right of access unless there is a waiting period of five full days and a criminal history records check of the potential purchaser is conducted. This chapter applies to both sellers and purchasers of firearms.
( Ord. No. 2018-18 , § 1, 6-26-18)
Sec. 82.06. - Non-applicability to holders of Florida concealed weapon permits or currently certified law enforcement officers as defined under Florida Law.
The requirements of this chapter do not apply if the purchaser in the sale of a firearm is a holder of a Florida concealed weapons or firearms permit or license issued pursuant to general law, or a currently certified law enforcement officer as defined under Florida Law. However, this exemption shall not relieve such purchasers from compliance with otherwise applicable state or federal law requirements.
( Ord. No. 2018-18 , § 1, 6-26-18)
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A private sale without an FFL, background check and waiting period in California is definitely illegal. Can't even buy a long gun at an FFL out of state.
Federal law allows selling a legal, non-NFA firearm to any person who resides in your state as long as you have no reason to believe that the buyer is a prohibited person. You are not required to verify their status as a non-prohibited person, but you can't have any reason to believe that the transaction is illegal. For example, if they pull up in a car with out of state plates, or comment about being on parole, you should take extra steps to validate their eligibility or refuse to sell. But Federal Law doesn't require you to grill them about their status if there's nothing that appears to be a problem.
Federal law allows buying a legal, non-NFA firearm from any person who resides in your state as long as you are not a prohibited person.
That's Federal law.
You will also need to know your state and local laws. There can be age limits (which may be different for different firearms), limits on types of firearms that can be sold/bought even if they are currently legally owned (grandfathered), requirements for background checks or , etc. Those laws can vary from one area (city/county, not just state to state) to another. There can also be issues with possession--you may buy the firearm legally but then be breaking the law by running afoul of possession laws on the way home.
It would be totally impractical to provide an exhaustive response here for all states and localities.
Federal law allows buying a legal, non-NFA firearm from any person who resides in your state as long as you are not a prohibited person.
That's Federal law.
You will also need to know your state and local laws. There can be age limits (which may be different for different firearms), limits on types of firearms that can be sold/bought even if they are currently legally owned (grandfathered), requirements for background checks or , etc. Those laws can vary from one area (city/county, not just state to state) to another. There can also be issues with possession--you may buy the firearm legally but then be breaking the law by running afoul of possession laws on the way home.
It would be totally impractical to provide an exhaustive response here for all states and localities.
Shanvanvocht
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Note that North Carolina has rescinded the requirement for a purchase permit as of 29 Mar 23
crstrode
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CapnMac
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Holy Thread Necromancy, Batman!
This is clearly a result of "Similar Threads" to revisit a 2014 posting that's asked and answered.
This is clearly a result of "Similar Threads" to revisit a 2014 posting that's asked and answered.
Ethan Verity
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Speaking of this, I'm going to try selling my Pietta 1851 Navy at my garage sale in PA next week. I'm curious if anyone not well versed in firearms law will try to get me in trouble at the sale, lol. In PA, it would be illegal to sell a modern cartridge handgun at a garage sale like that, however a cap and ball muzzleloader is perfectly legal.
JTHunter
Member
Yeah, IL-ANNOY is one of those states where the seller is supposed to call the state police, verify if the buyer's FOID (Firearm Owner's I.D.) is current and valid. Then, YOU are supposed to keep a record of the transaction for 10 years. Nothing simple about IL-ANNOY. 
MarshallDodge
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CapnMac
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Oops, I did indeed. Oops. Mea Culpa, Mea maxima culpa.
old lady new shooter
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When did this statute become effective?
old lady new shooter
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I wonder whether permit holders from other states that otherwise have reciprocity with FL are covered under this...