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Question on Private Sales of Firearms

Discussion in 'Legal' started by soldier147, Apr 23, 2009.

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  1. soldier147

    soldier147 Member

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    I have only bought guns, not sold them. What are the things I need if I were to sell a gun that's registered in my name to someone else?
     
  2. TexasRifleman

    TexasRifleman Moderator Emeritus

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    What state? It varies greatly depending on where you live.

    From a Federal standpoint there is no registration and private sales are generally perfectly fine.
     
  3. Duke of Doubt

    Duke of Doubt member

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    Run it through an FFL, assuming he charges only a nominal fee (under $30). I fully support FTF private sales and other private means of acquiring firearms (foundlings, etc.), but I am risk-averse when it comes to guns and liability. I happen to be friends with several local FFLs, so it's no problem getting a fair trade or price from them or selling to one of their customers through them. "Maine - the way life should be." This was NOT the case when I lived in Maryland, where all private sales are banned, few gun shops are permitted to exist (and boy they know it), and selling a gun is a losing proposition no matter how you slice it.
     
  4. soldier147

    soldier147 Member

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    Well, I live in WI, but I would rather be back home in Navasota, TX
     
  5. bhk

    bhk Member

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    Why do you think your guns are 'registered' to you? The background check you had when purchasing your firearms is not registration and they have no record of the individual guns you own. As a matter of fact, any information that you actually purchased any gun has already been destroyed, unless you bought one in the last couple of days.

    Does Wisconsin have its own registration system?
     
  6. Old Fuff

    Old Fuff Member

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    As a previous post pointed out, Federal laws don't cover private sales, so long as both the seller and buyer are residents of the same state. If your potential buyer isn't a resident of Wisconsin say so, because different laws apply.

    Wisconsin statutes would apply, and I don't know if there are any or not, but I expect someone will come along that does know.

    If gun registration is required in Wisconsin the buyer will have to get (whatever) registered in his or her name, and that should clear you.

    You could follow the Duke of D's advice to go through a dealer, but unless it’s required by law, I don't.

    I seldom sell a gun, but trades are another matter... But when an exchange is made I require the buyer to produce photo identification such as a drivers license. This serves to identify him and also prove he is a resident. I record this information on a bill-of-sale that also includes a detailed description of the firearm. Two copies are signed and dated, one for the buyer, and one for me.

    Arizona (where I live) is like Texas, and very gun friendly. So far I haven't had any problems, and my system has worked for over a half century.

    I would suggest that if my method is legal in Wisconsin, use it. If it makes you uncomfortable, pay the money and go through a licensed dealer.
     
  7. NavyLCDR

    NavyLCDR member

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    Requirements in WI are:
    You have no knowledge or reason to believe the buyer is not a resident of WI.

    You have no knowledge or reason to believe the buyer is a prohibited person:
    under 18
    felon
    domestic violence conviction or restraining order
    certain aliens (non-US citizens)

    Give the gun to the buyer in exchange for the money, you're done.

    Anything above and beyond that you may do, but it is not required, and to most not desired either.
     
  8. Spot77

    Spot77 Member

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    Not true. Only handguns and "assault rifles" are ineligible for ftf sales.
     
  9. kingpin008

    kingpin008 Member

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    Also untrue. I made out pretty well in the three FTF sales I've made in this state.
     
  10. Wilburt

    Wilburt Member

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    I was interested in this so..... This is from the NICS site:

    http://www.fbi.gov/hq/cjisd/nics.htm

    "Data stored in the NICS is documented federal data and access to that information is restricted to agencies authorized by the FBI."

    "the NICS Section must destroy all identifying information on allowed transactions prior to the start of the next NICS operational day"

    But there's another side to this story.... This is from the LCAV site and they say it's not legal dvise but I'm sure you could corraborate if you had thetime.

    http://www.lcav.org/content/retention_firearm_sales.pdf

    "FFL's are required to maintain records of the acquision and sale of firearms indefinitly."

    It goes on further and in alot more detail but something to the affect that the FBI can use these records if need be to track down stolen guns and such.....
     
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