Handgun sale laws?

[tparker]

I have a Bersa .380 auto that I'd like to sell. I'm a little hesitant though because I don't really know any of the laws concerning the sale of handguns to individuals. I'm pretty sure it would sell quickly in the "sale" forum. Any info would be helpful. Thanks.

 

[Rockrivr1]

Unfortunately the laws governing the sale of hanguns is different from state to state so you'd really need to check with your local authorities to make sure your not violating your state's mandate. You didn't indicate where your from. That will be useful in helping you with the laws in your area.

For the most part though, if you put it on the sale forum and someone out of state buys it, you'll use an FFL in your area to ship it to an FFL in the buyers area. The FFL will transfer the handgun to the new buyer. It's up to the buyer to make sure they can own this handgun in thier state. Some states will allow an individual to send the gun to an FFL directly with a copy of your drivers license. It's up to the buyers FFL on whether this will be allowed.

If your buyer is from the same state as you, then you'll really need to check with the authorities to make sure you follow the law.

 

[cratz2]

Yeah, if you're willing to ship, you will need to get payment from the seller and a signed copy of an FFL. Take your gun into your local FFL-holder (gun shop) along with the signed copy of the receiving FFL. Your ship will send the gun to the address on the FFL. Most shops charge $20 or more to transfer. Be sure to call around locally because some shops charge considerably more than $20. This is very straightforward and honest. Once the gun is transferred, it is no longer yours PERIOD!

For a local face-to-face sale it's kind of a bit more gray. You can only sell a handgun to a member of your state of residence and it can only be in your state of residence. Just look at his/her drivers license. You cannot knowingly sell to a person with a felony background and you cannot knowingly sell to seomeone that isn't the acutal buyer. But, if you filled out paperwork when you bought the gun and if that gun is ever used in a crime, there is a very good chance some guys in blue will knock on your door.

 

[AirForceShooter]

I'm in florida.
if I sell FTF I want to see a ccw from the person buying it.
But, I know a lot of guy that will sell to anybdy that shows up with the cash.

AFS

 

[Route 66]

So if you do a FTF in your home state and you can verify their home state status from their driver's license and you do not believe he/she is a convicted felon, are you required to document their identity and address? So that if the gun is used in a crime and the men in blue come looking for you, you can tell them who you sold it to?

 

[stans]

If you sell face to face, the receipient will surely want a bill of sale, I highly recommend you use carbon copies with signatures. This gives the purchaser proof of sale and gives you information on the purchaser and proof of transfer should the firearm be used for illegal purposes. You will probably want to see two forms of i.d. indicating residency, one of which needs to be a photo i.d. So you will ask to see drivers license and something like a ccw permit (impossible to get if you are a convicted felon), voter registration card (hard to get if you are a convicted felon), electicity bill, phone bill, or water bill. If the purchaser does not wish to comply, walk away, they may very well be hiding something.

 

[Walt Sherrill]

You need to learn the details of the firearm transfer laws in your state. Each state's laws are different.

When selling a handgun here in NC, the seller needs to see good ID from the buyer and receive a copy of a handgun purchase permit (a Weapons Purchase Permit) which is issued by the buyer's country sheriff. This past year, NC made it a little simpler; if the buyer has good ID and a concealed carry license, you don't have to have the purchase permit.) For long guns, its apparently a little less stringent. (You don't have to have the permit, but you're supposed to not sell to a felon or anyone barred from buying from other sources. I don't know how you'd check that out -- so I require the permit or a CCW license.)

For interstate sales, if you get an ink-signed copy of a receiving FFL's license, you (yourself) can ship to a receiving FFL without having to go through a local FFL (dealer, gunsmith, pawnshop that hold a federal firearms license.) The receiving FFL has to follow the laws for his or her state, and do the federal paper work.

You, as an individual, can't transfer to a resident of another state except through an FFL in the receiving state.

You can only ship interstate through FedEx or UPS, and they require next day air, which is pretty expensive. (Dealers can use the US Postal Service for handguns, but private individuals can't.)

I think individuals CAN use the U.S. mails for intra-state transfers, but I'd rather do it face to face, and wouldn't even try.

 

[BluesBear]

You can ship your pistol DIRECTLY to an FFL Dealer in a different IF the dealer is willing to accept it. You MUST, however, send them Proof of Identity. Usually a CLEAR photocopy of your Drivers License is good enough.

As an individual you DO NOT need a copy of the Dealers FFL and in most cases the dealer WILL NOT sent one to an individual due to the possibility of fraudulant use.

If the person you are selling the gun to cannot find a dealer willing to accept an out-of-state firearm from an individual then you (the seller) will need to find a deal in your home state that is willing to ship the firearm for you.

If you decide to send the gun directly to an FFL and wish to confirm that they are in fact a legitiment dealer all you need are the first and third sets of numbers from the FFL. You can go the the ATF website and confirm they are a current dealer with just that information.

 

[Walt Sherrill]

Agreed, to all points.

Getting an ink-signed copy (as an individual) is just proves that you're sending it to a legitimate receiver. It can be verified at the ATF website.

A question for you: How might one fradulently use a dealer's FFL?

I've been puzzled over this issue for several years. I might alter it, to be sure, but anyone sending to the address on the license has only to verify its correctness by checking the ATF website, as you note.

Most of the ones I've received are marked with other details, such as "for records/file use only" or might even have the ultimate transferee's info written on it. Its not of much use, except to give me some peace of mind.

I have a 03 FFL (Curio & Relic) and basically, all it does is allow someone to SHIP an 03-qualified weapon directly to me over state lines. (Or, if I'm out of state, it allows me to pick up a weapon face to face.)

AN 01 license is similar, but just useful for a wider range of modern weapons. How would I use another FFL's license to do something I shouldn't?

Thus far, I've only encountered one FFL/dealer who would refuse to send a copy of his license to me for shipment of a weapon to him. Perhaps for the reasons you cite. But its not required by the regs, to be sure, and it generally seems to be a function of a dealer's general unfamiliarity with the regulations.

I generally send the receiving FFL a copy of my driver's license and a copy of my C&R FFL (for ID purposes only, it has no value except to corroborate that I do exist and can be verified by other government records). Most don't even ask for that.