Legal Question Regarding Sale of Rifle

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LoverOfLiberty

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I have an AK47 that is used, and I'd like to sell it. Does anyone know what the regulations regarding selling it would be? I'm 18, and I'm planning on selling it through ads in the newspaper.

Thanks
LoL
 
If the sale is to a resident of your own state, the ATF only cares that the person can legally own a firearm.

If the sale is to a resident of another state, the tranfer of ownership must be processed through a fireams licensee in the buyer's state of residence. The buyer can send you the money directly but the gun must be shipped to a licensee. The buyer will have pick it up there.

As for the newspaper ads the ATF isn't concerned with them.

The BATFE's FAQ pages can be found here...
http://www.atf.gov/firearms/faq/faq2.htm#b7

Your state may have other regs regarding the sale or the ads. Check with local authorities or your state Attorney General's office to be sure.

Brad
 
If it were me, I'd either sell it through THR's for-sale forum here, or sell it on consignment at a local gun shop/pawn shop. If you unknowingly sell it to a felon, you could subject yourself to unwelcome scrutiny, to say the least.

As to applicable laws, it depends on which state you live in.
 
I would follow what has been said. Check with your state to findout what you are allowed to do. I would also post it on the forum it might sell faster that way.

If i was to sell a firearm I would make sure I have a good solid paper trail.

If you bought it from a store your name is on the paperwork for the rifle. If someone was to use that rifle in a crime they could trace it to you. If that happens you will need to show you sold it.
I would ask if they are allowed to own a firearm. You don't want to sell to a fellon. I would then draft two reciepts. Both the same but one for my records and one for theirs.
I would include on the bill of sales:
A description of the rifle and serial number.
A statement that they are allowed to own firearms with a place to inital next to it.
A place for them to fill out their name and address. I would also ask for ID to check that they gave me the correct info.

And a statement that we both agreed to buy/sell for a set amount of money with a place for us both to sign in agreement.

Chances are that I would have someone with me, I don't like going place by myself. So I would have them witness and sign as well.

I want to cover myself as best as I can. Not saying you need to but those would be my terms of sale if I was allowed to sell to someone ftf.
 
If you sell to someone out of state, you are not required by Federal law to go through an FFL, since it is a rifle, not a handgun.
 
If you sell to someone out of state, you are not required by Federal law to go through an FFL, since it is a rifle, not a handgun.
Click to expand...
Not true.


(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Click to expand...
http://www.atf.treas.gov/firearms/faq/faq2.htm#b2
 
Car Knocker, you are incorrect. The Firearm Owners Protection Act drew a line between handguns and long guns.

For example, since I'm an Arizona resident, I can come to Utah, buy a rifle from you, take it on the spot, and return with it. If I bought a handgun from you I would have to take possession of it at an Arizona FFL.

Edit: I just noticed that even your quote says exactly what I'm saying.

The OP wants to sell an AK47 rifle.
 
Please link to the relevant code section. Thanks.
Edit: I just noticed that even your quote says exactly what I'm saying.
Click to expand...
It states that one may acquire a rifle or shotgun at an FFL's (licensee's) premises in another State as long as such a transaction is legal in both the purchaser's State and the State in which the transaction is taking place. Nowhere does the quoted section say a FTF transfer (private party sale) of long guns that crosses State lines is legal without an FFL being involved in one State or the other.
 
For example, since I'm an Arizona resident, I can come to Utah, buy a rifle from you, take it on the spot, and return with it. If I bought a handgun from you I would have to take possession of it at an Arizona FFL.
Click to expand...

No, that is incorrect.

Andrewsky, there is a big difference between interstate sales between NON-FFLs and interstate sales between and FFL and NON-FFL.

You can come from AZ and buy a long gun from an FFL in UT and take it home. You CANNOT buy one from an individual and take it home. THAT IS ILLEGAL!
 
Interstate gun sales between unlicensed individuals is illegal. If the seller is an FFL dealer, he can sell to an out of state resident as long as the sale is legal in both his state and the buyer's home state. If the buyer is an FFL dealer (or collector for C&R items), he can buy anywhere from anyone as long as the item is otherwise legal for him to buy. Again, state or local law may impose other restrictions, and some states don't recognize C&R status or the collectors FFL.

As for getting information, I would try to get all the info you can, and verify it. Some people say they don't worry as they can just say they sold the gun and the cops won't bother them. Let me disillusion them. If a gun papered to you is used in a high profile crime, and you can't prove you sold it legally and who you sold it to, you will be in deep trouble. The police or the feds will think of something to charge you with and try their best to send you to prison even if they know you had nothing to do with the crime itself.

Jim
 
Oops I was wrong. Thanks for the heads up. I've never sold anyone a gun, but I'm just curious, what would be the statute of limitations on a crime of this sort?
 
The quoted law above in post #8 says a person may only acquire a firearm in that person's own state. It says nothing about the seller having to make the sale in his own state. So if I, in state A, take a gun to you in your state B, that is legal as far as I can see. Another point, who here has ever sold a gun in their own state FTF? Did you verify that the buyer was also a resident and legally allowed to own a gun? If you did I think you are in the minority. I've been involved in 5 or 6 transfers in the last month or two and no-one, buyer or seller, ever wanted any info of any kind. I think it is probably not incumbent upon the seller, if a private party, to verify anything about the buyer including residence.
 
(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Ignorance of the law is no excuse, and BATFE isn't much into excuses anyways. Granted, it's not a law that gets enforced very often, but it is still the law.
 
In that circumstance, the BATFE considers a gift to be a transfer, or sale. Therefore, it would have to be shipped to an FFL in the recipient's State, and then transferred from the FFL to the recipient.
 
You should be able to see by now that this is a question best unasked. Hardly anyone would take a gun that is a gift to another state and turn it over to an FFL to do paperwork. But if you ask you will be told that is what you should do. According to the law that has been posted, you could legally rent it to them for $1 for a period of 100 years :)
 
Clever with the ideas and evasions, Woof, but the determination on interstate sales is made based on the legal residences of the buyer and seller, not just where the transaction takes place. Also rental, lease and other types of transfer do come under the definition of a transfer as long as the lessee or renter can remove the firearm from the presence of the owner.

Believe me, all those neat ideas and weasel words have been through the courts and rule making a long time back.

Jim
 
For example, since I'm an Arizona resident, I can come to Utah, buy a rifle from you, take it on the spot, and return with it. If I bought a handgun from you I would have to take possession of it at an Arizona FFL.
Click to expand...
If you go on vacation to Utah, assuming they allow non-residents to purchase, you could by the rifle from an FFL holder. You can't buy it from a private party. The OP is a private person, not a licensee.
 
I don't try to be evasive in word but I am in deed. I bought a .22 in my state as a gift for a relative in another state and took it there and never gave it a second thought. It's pretty much an unprosecutable crime if it's a crime at all. No one would ever bother trying to make a case in such a situation but if they did it is hard to see where they would get the evidence. Unless perhaps my relative is working undercover to bust his uncle for giving him all these gifts :). Seriously, I think we all run further afoul of the law with our taxes every year than this. Now if you take 20 guns in your trunk to another state and sell them in a Wendy's parking lot then that is a different matter. They want to get unlicensed dealers, they don't want to get people giving and selling guns to friends and relatives.
 
these laws vary so much between states. here in FL I'm only allowed to transfer a weapon to holders of a DL of GA, FL, & Alabama. I sell & transfer guns for customers for $10(seller's fee) and $15(buyer's assignment fee).. I make a TOTAL of $25.. if the gun has low value I reduce these fees. someone from distant states can send me their gun to sell for them as long as I first send them a copy of my FFL
 
I am not an attorney, just a Federally licensed firearms manufacturer / dealer. As such, I am not giving you legal advice, nor would I ever advise someone to violate the law.

That being said, if BATFE were trying to prosecute you for transferring a firearm to a relative, who is a resident of a State other than your home State, you can bet your sweet bippy that there are other charges involved. The BATFE has far too many concerns to be bothered tracking down gifts given amongst family members.

Of course, if you freely chose to violate the law, and gave a firearm to a relative across State lines, you'd better be willing to accept any and all consequences which arise. If your family member used that firearm in a multiple homicide, and the BATFE tracked the ownership of the weapon to you, they might ask a few questions. As long as you trust that your family member wouldn't violate the law, you probably wouldn't ever have any interaction with the fine employees of BATFE.
 
here in FL I'm only allowed to transfer a weapon to holders of a DL of GA, FL, & Alabama.
Click to expand...

Is that a FL law? Because the Federal contiginous State law doesn't exist any longer. As FFL's, we're allowed to sell long guns to residents of any State, and handguns to residents of the State in which we're licensed.
 
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