wolverine_173
Member
- Joined
- Mar 3, 2011
- Messages
- 384
How should i go about selling my gun so i dont get into trouble?
How should i go about selling my gun?
- Thread starter wolverine_173
- Start date
- Status
El Mariachi
Member
Either here in the classifieds section, or on Gun Broker.
But whichever you choose, make sure you do your homework. Lots of hoops to jump thru.....
(btw, what kind of gun? Can I have first dibs if it's something cool?
)
But whichever you choose, make sure you do your homework. Lots of hoops to jump thru.....
(btw, what kind of gun? Can I have first dibs if it's something cool?
)docnyt
Member
Well it would help to post your state so that we can figure out if any local rules apply. In general, most states you can sell privately face to face to a resident of the same state. Out of state you will have to ship a handgun to a federally licensed (FFL) dealer.
wolverine_173
Member
- Joined
- Mar 3, 2011
- Messages
- 384
i live in utah. I believe you can sell face to face. but what happens if someone commits a crime with my gun that i sold registered in my name? Or they turn out to be a fellon?
Deus Machina
Member
If you bought it in Utah, instead of some places that require it like California, it isn't registered at all. The closest would be that the most recent licensed shop's paperwork lists who they sold it to.
If you think someone's a felon, don't sell it to them. If you have no reason to think they are, you're all clear.
To cover yourself, just ask for ID. First, it will prove they're a resident of the state and you're allowed to sell it. Second, you'll have a name, so if the gun is recovered at a crime and it gets traced back, you can tell the police "Nope, I sold that to John Smith."
If you think someone's a felon, don't sell it to them. If you have no reason to think they are, you're all clear.
To cover yourself, just ask for ID. First, it will prove they're a resident of the state and you're allowed to sell it. Second, you'll have a name, so if the gun is recovered at a crime and it gets traced back, you can tell the police "Nope, I sold that to John Smith."
oldbear
Member
You should be able to do a face to face sale. Use a standard bill of sale, you can find these on line, both of you should get a copy of this. Accept cash ONLY, and do the deal in the parking of your bank, where they know who you are, be sure to let them know you are meeting someone in the lot. No you don't have to tell them what is going on. When the deal is done you simply deposit the cash in your bank account. If you do this no one will think you have a wad of cash in your fist, so no reason to do something DUMB.
If you ever filled out a federal yellow sheet in buying the gun from a dealer, the gun CAN be traced back to you. Lengthy process, but I've seen it done.
Just because a gun you sell may be used in the commision of a crime sometime down the road doesn't mean you can be hung for it, based on that alone.
If the buyer turns out to be a felon, your defense is that you had no way of knowing at the time of sale.
You can do a private sale in Utah. If you don't aleady have a buyer, you might consider listing it on KSL's classified site, or any of the newspapers.
Denis
Just because a gun you sell may be used in the commision of a crime sometime down the road doesn't mean you can be hung for it, based on that alone.
If the buyer turns out to be a felon, your defense is that you had no way of knowing at the time of sale.
You can do a private sale in Utah. If you don't aleady have a buyer, you might consider listing it on KSL's classified site, or any of the newspapers.
Denis
USAF_Vet
Member
Armslist.com is another option. I had success with them. You could sell it to a pawn shop or your local gun store, just don't expect full price for it, or anywhere near market value, for that matter.
Utah is one of the best states for gun owners rights, scoring a zero on the Brady scale, so you can sell a gun to anyone who is of legal age to own a gun, and as long as you don't have any reason to suspect them of being a prohitibet person, a simple bill of sale will be enough to CYA.
Utah is one of the best states for gun owners rights, scoring a zero on the Brady scale, so you can sell a gun to anyone who is of legal age to own a gun, and as long as you don't have any reason to suspect them of being a prohitibet person, a simple bill of sale will be enough to CYA.
wolverine_173
Member
- Joined
- Mar 3, 2011
- Messages
- 384
awesome thanks guys, i sell most my guns on ksl. I just worry about my next gun because i purchased it online it was sent to al's sporting goods because of the FFL requirement then registered to me.
So would you worry about buying a used gun from Ksl and carrying it as a conceal carry permit.
So would you worry about buying a used gun from Ksl and carrying it as a conceal carry permit.
USAF_Vet
Member
As you live it Utah, it was not registered to you. there is no gun registration in that state, and no registration at the federal level either.
No, I would not worry about carrying any gun I legally purchased as long as I could legally carry it.
you're in the clear, carry your new gun. you'll be fine.
No, I would not worry about carrying any gun I legally purchased as long as I could legally carry it.
you're in the clear, carry your new gun. you'll be fine.
1KPerDay
Member
Another thing you might consider is selling only to Utah CCW permit holders. That way you have a reasonable assurance they're not felons.
But as long as you note the name and city of residence (or DL number if they'll let you) of the buyer (for your own peace of mind and records), you're good for a face-to-face sale in Utah. Personally if someone's leery of letting me take down their info for my records, I just don't sell to them. I've never met a buyer who wasn't good to go.
What are you selling, BTW?
But as long as you note the name and city of residence (or DL number if they'll let you) of the buyer (for your own peace of mind and records), you're good for a face-to-face sale in Utah. Personally if someone's leery of letting me take down their info for my records, I just don't sell to them. I've never met a buyer who wasn't good to go.
What are you selling, BTW?
To clear up the "registration" part: There is no gun registration in Utah, but if it went through an FFL there's federal paperwork showing you bought the gun.
That paperwork stays with the dealer.
Presumably, that's what you mean by "registered" to you.
Why would you worry about buying a used gun through the KSL site, or anywhere else that appears legitimate, and carrying it with a permit?
Denis
That paperwork stays with the dealer.
Presumably, that's what you mean by "registered" to you.
Why would you worry about buying a used gun through the KSL site, or anywhere else that appears legitimate, and carrying it with a permit?
Denis
kingpin008
Member
People need to get past the idea that if a gun has a history, it's going to come back on them if they buy it from or sell it to the wrong person. It simply doesn't work like that.
As long as you had no reason to suspect the buyer/seller to be a prohibited person, then you're fine. In other words, all it takes is something like this:
You: "Are you a felon, or otherwise prohibited from owning a firearm?"
Buyer/seller: "Nope."
You: "Excellent! Have a good day."
You're in the clear as far as federal law goes. State may be a bit different, but it's generally pretty similar.
Also, the police don't just randomly swoop in and arrest you for possessing a firearm, regardless of it's history. There are things called investigations that happen first, which give you ample chance to explain that you followed all relevant laws when buying or selling the gun in question.
Long story short: it's pretty much a non-issue. As long as you did indeed follow the general requirements above, the most likely thing to happen if there is an issue with the gun is that it will be confiscated and you will be told tough luck, be more careful who you buy/sell to next time.
As long as you had no reason to suspect the buyer/seller to be a prohibited person, then you're fine. In other words, all it takes is something like this:
You: "Are you a felon, or otherwise prohibited from owning a firearm?"
Buyer/seller: "Nope."
You: "Excellent! Have a good day."
You're in the clear as far as federal law goes. State may be a bit different, but it's generally pretty similar.
Also, the police don't just randomly swoop in and arrest you for possessing a firearm, regardless of it's history. There are things called investigations that happen first, which give you ample chance to explain that you followed all relevant laws when buying or selling the gun in question.
Long story short: it's pretty much a non-issue. As long as you did indeed follow the general requirements above, the most likely thing to happen if there is an issue with the gun is that it will be confiscated and you will be told tough luck, be more careful who you buy/sell to next time.
buck460XVR
Member
- Joined
- Feb 6, 2007
- Messages
- 10,085
I agree......just make sure to wipe the piece clean of all you fingerprints before handing it over to the buyer.
oneounceload
member
As mentioned on your other thread:
Listen carefully:
UTAH DOES NOT HAVE GUN REGISTRATION. Sell it anyway that is legal. If you are that scared, then use FFLs on both ends and have it cost you more
We live in a different world than we did 50 or even 30 years ago. While there is no registry of legal firearms, there is a FEDERAL registry of stolen firearms. You have more exposure on purchasing a firearm than selling one.
If you are caught with STOLEN PROPERTY on or in your posession, YOU ARE CONSIDERED A FELON and there is no waiting period on your arrest.
So how do you avoid this. Your local gun store will do the transfer of firearm for you. They are required to run the serial number against the FBI registry of stolen weapons. If it comes back as clean they will process the paperwork for the transfer for a fee. If it comes back as dirty they are required to inform the local police and turn in the firearm to them. Have your paperwork in order because they will want to know were you got the gun from.
That is the safest way to transfer a firearm, through a lic FFL dealer. It also gives you a paper trail of when and to whom it was transfered to and that they were legally able to purchase one.
Jim
You can also use your local police or sherrif to run the serial numbers as well for free.
If you are caught with STOLEN PROPERTY on or in your posession, YOU ARE CONSIDERED A FELON and there is no waiting period on your arrest.
So how do you avoid this. Your local gun store will do the transfer of firearm for you. They are required to run the serial number against the FBI registry of stolen weapons. If it comes back as clean they will process the paperwork for the transfer for a fee. If it comes back as dirty they are required to inform the local police and turn in the firearm to them. Have your paperwork in order because they will want to know were you got the gun from.
That is the safest way to transfer a firearm, through a lic FFL dealer. It also gives you a paper trail of when and to whom it was transfered to and that they were legally able to purchase one.
Jim
You can also use your local police or sherrif to run the serial numbers as well for free.
Last edited:
kingpin008
Member
Maybe you can, but in most places, the police and sheriff's dept's. have better things to do and will refuse to perform checks for people.
While true, that process defeats the purpose for a lot of face to face buyers. Many of these people DO NOT want a paper trail leading to their purchase, and thats why they are buying ftf rather than from a dealer. Too, most police and sheriffs depts WILL NOT run a check free of charge on your potential purchase. There is no legal requirement that they do so, and as was mentioned, most have far better things to be doing with their time. DO NOT count of your local PD to run serial numbers for you, becasue it just doesn't happen most places. Sure, there are exceptions.....I grew up in a rural community in SD, and the Sheriff wasn't exactly overwhelmed most of the time. if i had brought a gun in to be checked, if he wasn't busy, I'd have a reasonable expectation he'd do it....not because he had to, but because he had the time and wanted to be helpful. Walking into the Orange Co. California's Sheriff's office,and you won't likely get the same treatment. Cops doing such favors is more exception than rule in my experience
- Status
