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What's the correct way to buy and sell guns from private parties?

Discussion in 'Legal' started by joey93turbo, Oct 1, 2004.

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  1. joey93turbo

    joey93turbo Member

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    Since I bought a SAR1 recently, i'm going to sell my Saiga 7.62 and buy a Cetme to diversify a bit. I posted my Saiga on an online classified ad website and I have a guy interested, but I've never sold a gun to a private party before. I'm just wondering how I go about doing it legally so I'm not held legally responsible for anything. I'm not the original owner, I bought it from a friend. When I bought it there was no paperwork or anything between us, just cash and the gun. He did buy it legally so I guess you could say it's in his name.

    And when I go to buy the Cetme from this guy, what do I need to do?
     
  2. rl2669

    rl2669 Member

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    As a matter of course I don't buy or sell firearms privately, except with people I know really well I might make an exception. As annoying and constitutionally objectionable as the FFL transfer system and 4473's are, they do provide a rock solid defense to protect me (as buyer or seller) against acts that other people did with the firearm at a time when I didn't own it. And they provide a modicum of defense to the case where you wind up owning a stolen gun...

    But, if you insist on doing this via a private party transaction -

    First, you need to check your State (and local) laws and make sure private party transfers of the firearm type you're selling are legal at all.

    If so, you have to make sure the buyer is a resident of the same state as you (per Federal Law).

    And, the buyer has to not fall into any of the prohibited categories of persons not permitted to own firearms under any applicable Federal, State, or Local laws.

    Then, if it were me I'd draw up a bill of sale and have it signed and notarized by both parties. The bill of sale should indicate the firearm being sold, serial number, date of transfer, price, etc. If it were me, I'd put language into the bill of sale affirming that the buyer is not prohibited from receiving the firearm, just to cover yourself.

    IANAL (gracias a Dios) :barf:
     
  3. entropy

    entropy Member

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    Buy low, sell high.;)
     
  4. BevrFevr

    BevrFevr Member

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    uhhh.....

    with money?

    -bevr
     
  5. oldfella

    oldfella Member

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    I bought, sold and traded face-to-face in my state (Tennessee). My dealings were with CCW holders, and we traded bills of sale to ensure we both had a transaction record... the best, safest way of buying, selling and trading guns.
     
  6. Fly320s

    Fly320s Member

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    Your state may have it's own restrictions, but under federal law you don't need to do anything if you are selling within your state of residence to a person who is also a resident of your state.

    Person-to-person sales are legal if you are both residents of Oregon (your case) and the transaction takes place in Oregon. No dealers or taxes involved.

    If you want to CYA, get his name and address and all that stuff.

    Hope it helps.
     
  7. jefnvk

    jefnvk Member

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    Personally, if it were me, I would have him sign a paper stating that he isn't a felon, and there is no reason he can't own firearms. Just, to cover myself if anything did happen.

    Keep in mind, I haven't sold a gun to anyone I don't know, but its still what I would do
     
  8. M2 Carbine

    M2 Carbine Member

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    Your state laws may vary but in Texas we have to give the buyer an IQ test before giving him the gun.

    We tell the buyer the gun costs $XXX.

    If the buyer can count out $XXX and place it in my hand he passed the IQ test and I give him the gun.


    We gun owners constantly complain because of laws and restrictions placed on us.
    Then when we can do something, like selling our own private property, with almost no restrictions, we make up restrictions like taking names, signing this or that.

    I do what the law requires and if that's nothing, that's what I do.

    And yes, once I was tracked half way across the US when someone was killed with a gun I had owned.
    So I said it wasn't me, the end.:)
     
  9. spacemanspiff

    spacemanspiff Senior Member

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    i'd work up a bill of sale or reciept of some sort that notes the serial number of the gun. not because i think the person buying it is going to do something stupid, but if it gets stolen while he has it, then i can point to a paper trail that leads the weapon away from me.

    i also wouldnt have the buyer come to my residence, i can go to him, or we can meet somewhere. that is, if i didnt know the person.
     
  10. Mixlesplick

    Mixlesplick Member

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    Cash on the barrel head. (Assuming no registration or interstate issues).
     
  11. WilderBill

    WilderBill Member

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    The best way to do a private sale is...
    privately.

    If there was no paperwork involved when you bought it, there is no trail leadng back to you if the buyer missuses it.

    That's not to say that your own personal sense of right and wrong shouldn't be involved.
    If the would be buyer seems like an average Joe, he most likely is.
    If he seems to be a gang banger stocking up for Saturday night drivebys,
    I'd find another buyer. :scrutiny:
     
  12. corncob

    corncob Member

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    What M2 Carbine said.

    I know I don't give my info out unless the law says I have to. Do everything you can to keep private property private.
     
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