selling to private party

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willyjixx

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when selling a gun private party what are some things you do to cover your butt? short of putting it on consignment or going through an FFL how could i do this an prevent a felon from comin over or just pretty much making sure my ducks are straight.

for the record my state laws allow citizens to transfer weapons private party.

i also know if i am buying a private party weapon i can call in the serial number to see if it is stolen..............so any law enforcement out there can i get a statement from my sherrif verifying that my for sale item is clean?
 
You could always ask to see some ID.
If you're in a state with CC, maybe ask to see a currently valid carry license. It's unlikely that someone with a record is going to have a carry license because they'd have been weeded out in the background check phase.
 
I use a bill of sale that says that ______ gun with serial #_____ is being sold to ______ (identified by driver's license #_____) for $_____ and _______ certifies that he can legally own such a weapon.

Everybody signs and dates.


If some DA ever wants to know why you sold said gun to _____, show him the the bill of sale. It contains all the same stuff as the background check form for the Brady bill. There's only so much that can be expected of you, and zero legal requirement. You can't sell to a minor or "known felon", so if you ask the dude and he says he can own, he's not a "known felon".

If someone buys that shouldn't, they broke the law, not you.
 
If you really want to CYA find a buddy who has a dealer license. Have him fill out the paperwork transfering the firearm to the private party. I mention having a buddy do it so it doesn't cost you much (if anything) to do.

All the best
 
If the government wanted me to go to all that trouble of making copies of stuff there'd be a law about it. :)

The law here says you can't sell a gun to anyone you KNOW shouldn't have it.

Now, just to be clear on this, I'm not going to sell a gun to someone like the clown who called my buddy about his ad for the Glock at 4 freaking A.M...."Hey, wassup? You got that gun there?"

John
 
I recently offered up some guns for sale on this board, along with a follow-up poll about why they didn't sell. I got a couple of comments about my requirement that the purchaser have a CCW (If we did the deal in person here in AZ).

I was really stunned that people here would be offended by that requirement. I have no interest in having a felon with one of my guns. Show me a CCW, I know you're a good guy (or at least not a known goblin).

I even had one member tell me he would have bought one of the guns from me when he was visiting Phoenix from another state (Felony!).

FWIW, I sold some guns at a gun show once to some rough looking guys who promised me they were residents of AZ. One of them paid for the guns with stacks of $100 bills stapled into groups of $1000. As I was walking away, it dawned on me that these guys had not bought ANY guns from vendors--only parts and ammo--nothing that would have required a NICS check.

I decided right then and there that I could not in good conscience sell a firearm to some one that hadn't been through SOME kind of scrutiny. I figured a CCW was the easiest.
 
I hand them the cash, they hand me the gun. We shake hands, thank each other, and walk away.

Just the way it should be.
 
I have no problem showing a private seller an ID to show residence in the state or even my CHL to show that I am a good guy, but if the seller wants to start taking down personal info or getting a copy of my license I draw the line and walk away. I have a lot of guns at home and don't want to be the target of a burglary. I point out that if I want to record the home address of the seller wouldn't he be concerned? Usually it isn't a problem. Morgan is right, cash and carry in Texas. If the guy appears to be a gang-banger then no I am not going to sell him the gun, otherwise it is a go.
 
I've just recently sold 4 guns by classified ads in the newspaper. I talked with each at length before meeting them, and I met them in daylight in a neutral area (parking lot of busy mall) away from my house, and I just asked "are you a convicted felon or any other reason you aren't legally allowed to own a gun?" If they said "no", I was covered, took the $$$ and left. A good friend of mine is a local Police Officer and he said I was cool. He said a written receipt with model & s/n's like mentioned earlier would have been better, but I still made more effort than most, and is still legal transfer between private citizens. Like was mentioned earlier he said it pivots on selling to "someone you KNOW isn't supposed to own a gun"
 
I have no problem showing a private seller an ID to show residence in the state or even my CHL
If the guy wanted to burglarize you, couldn't he simply remember your name and address long enough to write it down after you leave? Jot down your license plate number and get your address from the DMV (which is actually easy to do)?

I also want the guy's name and address when I buy guns from individuals. Keeping myself out of trouble is more important than acquiring a single firearm. If I buy a used gun and it turns out to be stolen later on down the road, I want to be able to show where I got it.
 
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