Private sale question

[RiveraRa]

I will be moving from NJ to TX at the end of the month so I'm a little new to private sales.

If I purchase a firearm from a private party, what repercussions are there if that firearm was used in a crime previously?

I'm guessing it would be a little hard for them to trace the gun to me but not impossible. I have also heard some people say to have the private party write up a paper receipt with the date of purchase on it (to prove that you didnt own it during the crime) but I'm not sure that would hold in court.

How does everyone here go about purchasing from a private party and what are your personal guidelines when doing so? Such as only purchasing from friends and not acquaintances.

 

[Winchester 73]

How does everyone here go about purchasing from a private party and what are your personal guidelines when doing so

I'm in Florida,not Texas but private party sales are the same in both free states.
Legally you don't have to make up any paperwork.You hand him/her the money, he/she hands you the firearm,thats it.
If you feel you need a little security ,a written note with gun model,date and both parties sigs may make you feel more relaxed.
But its not needed.
Almost forgot.Congratulations on escaping New Jersey and relocating to the great State of Texas!

 

[Brad Johnson]

New Jersey to Texas? Jeez, you may feel faint from all the fresh air and freedom!

Like Win73 said, no paperwork is required for a FtF sale, although you may not sell to any person who you know or reasonably suspect does not meet the criteria for legal firearms ownership.

Also like Win73 said, a little CYA goes a long way. A quick note with gun mfgr, model, serial number, and both parties names and maybe a DL number is probably a good idea.

Brad

 

[Polishrifleman]

Just don't shoot anything you aren't supposed to so they can match the round ballistically back to the gun if it left a criminal trail somewhere else.

 

[NavyLCDR]

A receipt for the money received for the purchase of - list exact firearm/serial number - and the date signed by the seller is a very legal document that will stand up in court. The only way it would not stand up in court is if that person appeared in court to say that they did not sell you said gun. In that case it would be your word against his, unless of course you have a cancelled check for the purchase.

 

[rbernie]

I will be moving from NJ to TX at the end of the month so I'm a little new to private sales.

Welcome to freedom.

Private sales are just that - private. You can treat it just like you would treat the sale of a washing machine, lawn mower, or any other durable good.

 

[RiveraRa]

Thanks everyone!
One more question on the subject (which I think I know the answer to). My Brother in law lives in CO. Since it would be a private sale, if he came to visit he could sell me a pistol while he was here correct? Or would he have to abide by CO laws even though he was in Tx at the time?

 

[NavyLCDR]

No, he could not sell you a pistol directly while he was visiting you in Texas. Face to Face sales are only allowed for residents of the same state. He would have to be a resident of Texas as well as you also a resident of Texas for it to be legal. Now you could go to your local FFL, and he could sell you the handgun via a Texas FFL.

 

[wdlsguy]

Since your brother in law is a resident of Colorado, and you would be a resident of Texas, the handgun transfer would need to go through a FFL in Texas.

 

[NavyLCDR]

Here is the Federal law in Title 18 Part I Chapter 44 of United States Code (18 USC 922): (the exception in section b3 is for a person buying a long gun from an out of state FFL provided that the sale is conducted in person, at the place of business of the FFL and is iaw with the state laws of both the FFL and the purchaser's residence).

Sec. 922. Unlawful acts

(a) It shall be unlawful--
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person is a
corporation or other business entity, the State where it maintains a
place of business) any firearm purchased or otherwise obtained by
such person outside that State, except that this paragraph (A) shall
not preclude any person who lawfully acquires a firearm by bequest
or intestate succession in a State other than his State of residence
from transporting the firearm into or receiving it in that State, if
it is lawful for such person to purchase or possess such firearm in
that State, (B) shall not apply to the transportation or receipt of
a firearm obtained in conformity with subsection (b)(3) of this
section, and (C) shall not apply to the transportation of any
firearm acquired in any State prior to the effective date of this
chapter;

 

[Brad Johnson]

RiverRa, where in Texas you moving to?

Brad

 

[Soybomb]

I have also heard some people say to have the private party write up a paper receipt with the date of purchase on it (to prove that you didnt own it during the crime) but I'm not sure that would hold in court.

Everyone has their own take on it. I think some gun people like to make things more elaborate and complex then they need to be. Do what ever is legally required in your state and go about your business. I've bought and sold cars with less paperwork than some gun people want.

Stay practical too, what court? Are you going to wind up fighting a murder charge for a drug dealer in Texas that turned up dead from your gun 3 years ago when you were living in NJ working as an accountant or whatever you do?

 

[ambidextrous1]

Many automatic pistols have easily replaceable barrels. If you buy such a firearm, you may find it appropriate to replace its barrel, especially if the barrel is pitted or shows excessive use.

A new barrel provides a different signature on the bullet; but cartridge case forensics are quite sophisticated, and spent cases are frequently left at the scene of the crime. Discuss this with your favorite gunsmith.

 

[RiveraRa]

Bran - Were moving to Kyle...a little south of Austin. So I think you and I are a little far apart.

Everyone - Thanks again!

 

[Brad Johnson]

Yep, Kyle's a bit of a stretch - about 7 hours from Lubbock. But if you're ever up this way give me a ring!

Brad