VA: Buy and sell handguns private party?

[David007]

I own a Ruger Mark III i bought at a gunshow. I assume he was a FFL since he ran a background check.

How does buying from a private party within VA work?
Do i need to register the gun with VA after i buy it?

How does selling my gun to someone in VA work?

THX!

 

[mgkdrgn]

You ask them if they are a "prohibited person".

They answer "no".

Check their Drivers Licence to make sure they live in VA.

They give you money, you give them the gun.

You both go home.

There is no "registration" in VA .... or in most other places. And yes, if he did a background check, he had to be an FFL.

 

[Danb1215]

Step 1: Find seller with gun you want to buy at price you want to pay.
Step 2: Pay money, receive gun
Step 3: Enjoy.

You do not have to register your gun in Virginia, along with most other states. As long as you are a Virginia resident, and the seller has no reason to think you are a prohibited person, that's basically all there is to it.

 

[David007]

thx for the info for buying a gun private sale.

so the FFL that i bought the Mark III from didnt enter the gun's serial # into any database?

 

[bigfatdave]

Serious question here:
Why do you think you need to register a gun, exactly? Where is this nonsense coming from, and why won't it die out in the information age?

 

[mgkdrgn]

thx for the info for buying a gun private sale.

so the FFL that i bought the Mark III from didnt enter the gun's serial # into any database?

Nope. The form for the background check only ask "Handgun or Long gun". Nothing about the make, model, serial.

The only thing with that info is the form 4473 and the bound book, both of which remain in the possession of the FFL. If he goes out of business, he turns all that paper over to the AFT, and it ends up in the same government warehouse as the Ark Of The Covenant. (Raiders Of The Lost Ark, final scene)

All the stuff you see on the cop shows "well, the gun is registered to ..." is mainly made up krap. ('scuse my french)

 

[basicblur]

Check their Drivers Licence to make sure they live in VA.

You might want to CYA by making a copy of their driver's license?
I've only sold a couple of guns, but I requested they bring a copy of their driver's license (which I compared to the original) for me to keep. I have both the copy of the license and all relevant info saved.

If the gun should ever turn up somewhere it shouldn't be, and it's traced back to me, I'll at least have a record of when/to whom I sold it.

You might also Google Firearm Bill of Sale for forms that also might be helpful.

 

[W.E.G.]

If the gun should ever turn up somewhere it shouldn't be, and it's traced back to me, I'll at least have a record of when/to whom I sold it.

Not required.

If you sold somebody a baseball bat, would you require the buyer to give you a copy of their driver's license?

 

[jonmerritt]

I was at a fund raiser today for a cancer survivor (still going through surguries) They raffled off a 10/22 ruger and a semi-auto shotgun (forget the brand) Well, the prospective winners were handed there winnings, and I start hearing people whisper (they can't do that! those have to be registered!) I spent a few minutes explaining to some people that they do not have to register a firearm in Iowa. And yes they can just take a rifle or shotgun right home with them. Handguns require a background check, but do not require registration. Talk about a dear in the headlights look! Some said "but on TV" That is on TV, not real life.

 

[bigfatdave]

You might want to CYA by making a copy of their driver's license?

Why?

Stop asking permission, you don't need to justify the disposition of every piece of property you own. In fact, attitudes like this are part of the reason the registration myth persists in the public's collective knowledge base.

 

[basicblur]

Well to answer a few folks that seem to think there's no need to ask for a DL etc, and that it's 'not required'...nobody said it was required-it's just for my peace of mind. I'm not asking anyone's permission to sell a gun-I'm just covering my behind should something unlawful happen with said gun after it's out of my possession.

If such should occur and the law comes looking for me, I'll at least have some record that the gun has not been in my possession since X date, and they can contact the person I sold it to (here's his info) to find out how said gun arrived where it should not have been.
If nothing ever happens, the info I have on the sale of the gun never leaves my possession.

Who knows how much weight that will carry, but it sure beats the heck outta just telling the law you no longer own the gun (and you just know they're gonna take your word for it).

Bottom line-if you like leaving your behind blowing in the breeze, then continue to tempt fate.
Fer myself, I'll jest continue to try to CMA.

 

[swinokur]

If the transaction is legal, exactly what portion of your behind needs o be covered?

 

[9mmforMe]

-No registration needed in VA....that's bunk.

If I am selling a gun then I do the following:

-Write a receipt for my (and the buyer's) records, indicating that said purchaser has stated he/she is legally able to purchase the gun, write down a license number, the type and serial number of the gun and have both parties sign. This is the type of receipt I used while living in Va for over 35 years and found it worked very well for my own personal records, and FYI no one ever complained about providing this information, it actually seemed to make most feel more secure in their purchase.

-If you are purchasing a firearm, get similar information, if they balk, then I would walk. You have to protect yourself if you do not know the history of the gun...and I agree with basicblur...peace of mind!

 

[jh9x18ky]

"If the transaction is legal, exactly what portion of your behind needs o be covered?"

You are right, but look at it this way. Sell someone a car, doesnt transfer the title, the buyer crashes the car and runs, when the car was bought new it was sold to YOU. The friendly LEO's com looking for who ??? The portion of you that isnt covered. Same with a firearm. If you bought it from a dealer, and you sell it, it isnt mandatory to do a bill of sale, but it is wise. I think a persons chances in court or in a police station would be much better with a piece of paper then with a " Sold it dude, dont know his name, he had a blue shirt". Anything with a serial number can be traced.

 

[basicblur]

At least somebody gets it!

If you are purchasing a firearm, get similar information, if they balk, then I would walk. You have to protect yourself if you do not know the history of the gun...and I agree with basicblur...peace of mind!

While I'm not even going to bother explaining to some in here why they need to CYA (an important life lesson they'll learn somewhere down the road), it should be noted that a bill of sale also covers the buyer.
'Spose I sell him the gun, take his money, then report the gun stolen. With the way things are these days, if he has no proof he bought it from me then he may find himself in a world of legal hurt (guilty until proven innocent donchaknow?).

If someone were to balk at providing me with requested info or would not sign the bill of sale, then I'd have to wonder if they just don't want a record of the sale or if they cannot meet all the requirements listed on the bill of sale.

And you wouldn't want your gun to end up in the hand of a criminal, would you?

 

[swinokur]

You are right, but look at it this way. Sell someone a car, doesnt transfer the title, the buyer crashes the car and runs, when the car was bought new it was sold to YOU. The friendly LEO's com looking for who ??? The portion of you that isnt covered. Same with a firearm. If you bought it from a dealer, and you sell it, it isnt mandatory to do a bill of sale, but it is wise. I think a persons chances in court or in a police station would be much better with a piece of paper then with a " Sold it dude, dont know his name, he had a blue shirt". Anything with a serial number can be traced.

Not a good analogy. How is the buyer going to register the vehicle and get tags on it? If you sign the title and give it to the buyer, you have done all you can do. I hand the title to the buyer and take MY tags off it. Not aware of a law (in my state) that requires a bill of sale. I have done all I can do.I have complied with the law. My point is if you comply with the law as written, you may not CYA, but it's still legal. I guess my beef is the term cover your behind means you did something possibly illegal and certainly could be accused of something. But CYA is not mandatory. Smart?yes. required? no. That's my point.

 

[basicblur]

And fer the record...
The few times I've sold a vehicle to an individual, I also had them sign a bill of sale.
Just more CYA-don't want them coming back later and claiming I tampered with the odometer etc (the bill of sale has a line with the odometer reading) as well as usual boilerplate regarding liens, encumbrances, warranty (or lack thereof) etc.

 

[swinokur]

In MD the odometer and no lien or loan on the car is also on the back of the title when you sign the vehicle over. Getting the car re registered and tags is the buyers legal responsibility. My only point is there is no legal obligation to do any more than that. I copy the back of the old title as the BOS since the selling price also has to be entered so tax can be computed for re registration.

 

[9mmforMe]

Smart?yes. required? no. That's my point.

Got your point my friend, but what would YOU do? Be smart? or omit potentially invaluable information re: a gun sale/acquisition?

 

[swinokur]

Of course the smart thing. My only point was if you conduct a legal firearm transaction, extra steps are not required to CYA. That's of course a personal choice.

 

[JohnBT]

Gee, I've never bothered with any receipts or paperwork for private sales. I'm 60 and started shooting when I was 4 or 5.

Is it too late for me? Am I doomed?

John

 

[9mmforMe]

Yeah...you are John...here's your receipt stating this fact

 

[zoom6zoom]

No registration needed in VA....that's bunk

There is ONE exception in VA.... machine guns. Too much CSI and the like on TV has indoctrinated people into believing that all guns and their owners are registered and tracked.

I've never given or gotten a bill of sale on any private sales in Virginia. Break the paper trail, stick it to the man.

OH yeah, will stick in a plug for VA Gun Trader

 

[basicblur]

I've never given or gotten a bill of sale on any private sales in Virginia. Break the paper trail, stick it to the man.

The guys at the local gun shop always snicker a bit when someone states they'd rather buy a gun from an individual to avoid the 'paper trail'.

It's not unusual to see LE at the shop checking records as they track the trail of a firearm-make take an extra step or two, but the trail is out there.

 

[basicblur]

Gee, I've never bothered with any receipts or paperwork for private sales. I'm 60and started shooting when I was 4 or 5.

Is it too late for me? Am I doomed?

Sadly, you may be...sumpin' 'bout teaching an old dog new tricks...
(and I ain't that much younger than yourself).

After having too much fun reading some of the replies in here, I must confess I'm having a change of heart!
I've never had a fire or natural disaster at my home or on the road-tomorrow I start:
1. Ripping out those irritating smoke alarms
2. Throwing away all my fire extinguishers
3. Removing the door/window locks in the house
4. Cancelling all my homeowner and auto policies
Heck...I'm seriously thinking 'bout selling all my SD guns as I've never had to pull one to protect myself.

There...I feel MUCH better!
I mean, iff'n it's never happened to me before, that obviously means it CAN'T happen to me now!