How to do a private sale in Maryland is correct and reasonable?

[efeng9622]

When I did private handgun sales , I require the buyer ,
1) He needs to pay in full by cash after we set the price and he already checked at the gun.
2) Both of us need to sing a sale contract .
3) He needs put his driver license# on the contract.
but I met a buyer who didn't want to do all of three , finally we broken the deal.
but I like to know what is other opinion. I believe maybe that some sellers do not ask the driver license # ,

Thanks.

 

[burrhead]

I know nothing about Maryland law, ergo this is not advise or criticism. I've bought and sold dozens of guns via private sales in Texas. I'm not giving anyone my DL number although I would show it to a seller,,,maybe. Nor am I signing anything. I also wouldn't ask any buyer to do either of those things. Not sure I see the point. If you were selling an expensive TV, would you go through all that?

 

[dobedo]

When I did private handgun sales , I require the buyer ,
1) He needs to pay in full by cash after we set the price and he already checked at the gun.
2) Both of us need to sing a sale contract .
3) He needs put his driver license# on the contract.
but I met a buyer who didn't want to do all of three , finally we broken the deal.
but I like to know what is other opinion. I believe maybe that some sellers do not ask the driver license # ,

Thanks.

Not any more can you do above. https://www.cashmyguns.com/blog/how-to-sell-a-gun-in-maryland/

 

[efeng9622]

Not any more can you do above. https://www.cashmyguns.com/blog/how-to-sell-a-gun-in-maryland/

Yes. we should through a FFL to do transfer.

 

[Space Ghost]

I know some states have screwy laws about "private sales"... but it always seemed strange that any 2A supporter would as well.
To me that kinda defeats the purpose of a "private sale" to begin with. (I'm guessing you're no FFL dealer, and therefore REQUIRED to)

If I want people to know what I have, I'll show off photos on some forum and revel in my "likes".
And I often do.
Those are the things I don't mind sharing... and it was my choice.

However as a rule, If I BUY privately... I want it to STAY private.
Therefore, when I SELL privately... the buyer gets the same treatment.
Not saying I never have "asked" for ID... just to make sure.

If I'm all that worried about the buyer, or the sale coming back to haunt me... I just say "Nope"... and they don't get it.
Somebody else will want it.

 

[dogtown tom]

Yes. we should through a FFL to do transfer.

If you are required under MD law to transfer through an FFL...........why the heck do you need any information on the buyer?
Your buyer will complete an ATF Form 4473 and the dealer will conduct the background check. If the buyer passes the dealer records the acquisition and disposition in his records, you take the buyers $$$ and the buyer goes home with the gun. If the buyer is denied on the background check, you cannot sell him the gun.

A sales receipt or bill of sale benefits only the buyer, its proof he paid for the item. You don't need the buyers DL#, name or anything else for a BOS.
A BOS for the seller is worthless in proving anything he thinks it might prove.

 

[CapnMac]

From memory, which could be faulty, MD requires a Purchase Permit for the buyer as well as having to go through a MD FFL.
That ought to cake care of most of the paperwork required or expected.

 

[efeng9622]

From memory, which could be faulty, MD requires a Purchase Permit for the buyer as well as having to go through a MD FFL.
That ought to cake care of most of the paperwork required or expected.

　I think you mean handgun qualification license. yes, when you purchase , transfer any handgun, you must have it first.

 

[efeng9622]

If you are required under MD law to transfer through an FFL...........why the heck do you need any information on the buyer?
Your buyer will complete an ATF Form 4473 and the dealer will conduct the background check. If the buyer passes the dealer records the acquisition and disposition in his records, you take the buyers $$$ and the buyer goes home with the gun. If the buyer is denied on the background check, you cannot sell him the gun.

A sales receipt or bill of sale benefits only the buyer, its proof he paid for the item. You don't need the buyers DL#, name or anything else for a BOS.
A BOS for the seller is worthless in proving anything he thinks it might prove.

Why do we need a sales contract ? because , yes buyer will do 4473 and 77r, then FFL do background check , then buyer has to wait 7 days to pick up the gun.
but the FFL will not issue any document to the seller because it is " two party transfer" , seller only get money , if something happened to the gun late, I will be difficult to prove the gun is not belong to me and already sold to this person.

 

[dogtown tom]

Why do we need a sales contract ? because , yes buyer will do 4473 and 77r, then FFL do background check , then buyer has to wait 7 days to pick up the gun.
but the FFL will not issue any document to the seller because it is " two party transfer" , seller only get money , if something happened to the gun late, I will be difficult to prove the gun is not belong to me and already sold to this person.

It will be very easy to prove the gun was originally yours.......the FFL is required by federal law to record the name and address of the person he acquired the firearm from. That's you. In his books.
FFL has no need to issue any document to you or the buyer.

It really isn't this difficult unless you want it to be.

 

[shafter]

I this crazy world we live in I'm not selling a gun to a complete stranger. If I know the person thats different but if I'm selling to a stranger its going through an FFL. I don't like that but I feel like its for my best protection.

 

[efeng9622]

It will be very easy to prove the gun was originally yours.......the FFL is required by federal law to record the name and address of the person he acquired the firearm from. That's you. In his books.
FFL has no need to issue any document to you or the buyer.

It really isn't this difficult unless you want it to be.

FFL can moved or closed , I need a document on my hand , just like a receipt, I knew a lot of people required , not only me.

 

[dogtown tom]

FFL can moved or closed , I need a document on my hand , just like a receipt, I knew a lot of people required , not only me.

Maybe you should get your own FFL and not have to worry about that.

 

[Elkins45]

I need a document on my hand , just like a receipt

I’m not giving you my personal details in order to buy your gun. Ask the FFL to give you a receipt for the transfer.

 

[bearcreek]

When I did private handgun sales , I require the buyer ,
1) He needs to pay in full by cash after we set the price and he already checked at the gun.
2) Both of us need to sing a sale contract .
3) He needs put his driver license# on the contract.
but I met a buyer who didn't want to do all of three , finally we broken the deal.
but I like to know what is other opinion. I believe maybe that some sellers do not ask the driver license # ,

Thanks.

When I do a private sale in my state, I hand the gun to the buyer and he/she hands me the cash or whatever else we're trading. We shake hands and walk away. That's all. No idea what their first name is, unless I already know them, let alone their DL #. In no circumstance am I allowing a stranger to have record of my driver's license number or any other personal info. You can't legally do that in MD. You are legally required to transfer via an FFL, but there's still no reason for you or the buyer to be exchanging personal information.

 

[N555]

Drive to probably Virginia do the deal, done.

 

[bearcreek]

Drive to probably Virginia do the deal, done.

That would be a violation of federal law.

 

[N555]

That would be a violation of federal law.

What law where?
If so then how do private sellers from out of state so gun show sales?

 

[bearcreek]

What law where?
If so then how do private sellers from out of state so gun show sales?

Are you serious? This has been discussed on this forum so much it's insane. A private non-FFL person cannot legally sell a handgun to a buyer who is a resident of a different state without transferring it via an FFL in the buyer's state of residence. Which means, the deal has to be done in the state where the buyer is a resident, which in this case, is Maryland. That has been federal law for more than 50 years. Private sellers cannot legally sell or buy guns at an out of state gun show without going through an FFL.

Edit to add/clarify: Basically, there isn't any legal way for a person to buy a handgun in another state, private or FFL, without going through an FFL in their state of residence.

 

[efeng9622]

I’m not giving you my personal details in order to buy your gun. Ask the FFL to give you a receipt for the transfer.

I only knew in Maryland , if you want the FFL give you a receipt , that's fine , but that will become " three parties transfer " not two part, the FFL will charge $ 60, the two parties only $20 ..

 

[bearcreek]

I only knew in Maryland , if you want the FFL give you a receipt , that's fine , but that will become " three parties transfer " not two part, the FFL will charge you $ 60, the two parties only $20.

This is really quite simple. You and the buyer go to the FFL, and transfer the gun. That's all. The buyers name and address are none of your business. If you want to insist on additional paperwork or record keeping that isn't required by law, you need to understand that that is going to push away some potential buyers and possibly FFL's as well. Whether or not that's worth it is up to you, since it's your gun to sell (or not).

 

[dogtown tom]

What law where?

Gun Control Act of 1968.

If so then how do private sellers from out of state so gun show sales?

Illegally is how they do it.

And like bearcreek, I'm shocked that you did not know this. It's been federal law for fifty five years.

 

[efeng9622]

This is really quite simple. You and the buyer go to the FFL, and transfer the gun. That's all. The buyers name and address are none of your business. If you want to insist on additional paperwork or record keeping that isn't required by law, you need to understand that that is going to push away some potential buyers and possibly FFL's as well. Whether or not that's worth it is up to you, since it's your gun to sell (or not).

This was not my idea, It was a FFL deal who told me you need to create a sales contract or invoice , that will be better to you , I did twice , no one refused until this time.

but maybe I can give up to ask drive license.# next . FFL never care about you must have a contract.

 

[bearcreek]

but maybe I can give up to ask drive license.# next . FFL never care about you must have a contract.

I'm having a tough time following what you're getting at man, sorry. You can ask the buyer whatever you want. You can ask them to dance a jig and stand on their head. What I'm saying is that, if you ask a potential buyer to do something beyond the legal minimum, they may decide it isn't worth it.

 

[efeng9622]

I just want to reminder , Maryland is not a "gun friendly state", we need a HQL ( handgun qualification license) when we purchase, sell and transfer a handgun,
buyer should wait 7 days to pick up. you may not need such license , so do Virginia .