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post #1 of 25 (permalink) Old 02-17-2009, 08:59 PM Thread Starter
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Private sale

I have a relative that wants to buy a handgun from me. What do I need to do this legally? Any special forms I need? I see people selling stuff on here all the time. Any need for a background check? Someone shed some light for me. Thanks

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post #2 of 25 (permalink) Old 02-17-2009, 09:05 PM
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Well if you want to be safe you can always get DL info and make up a bill of sale basically saying I (your name) am selling (state gun maker, model, serial number) to (persons name) on (date)... and just have them sign it. Otherwise private sale laws don't require anything, you can literally walk up and exchange cash for gun and be done.

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post #3 of 25 (permalink) Old 02-17-2009, 09:12 PM Thread Starter
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I trust my relative but what happens if someone sells a firearm and they do something bad with it. Would that come back on the original seller?

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post #4 of 25 (permalink) Old 02-17-2009, 09:23 PM
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um,you would be part of the investigation thats forsure.

its not against the law to sell ftf (face to face)

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post #5 of 25 (permalink) Old 02-17-2009, 09:29 PM
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first off why does a relative want to by a gun for you? are you underage, a criminal? why not have them give you the money and you go buy it? if you are buying from a private individual you can have the go to a ffl by them or you and you pay for the transfer and the gun will be legally yours.
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post #6 of 25 (permalink) Old 02-17-2009, 09:31 PM Thread Starter
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thanks for the info. I have a cousin who has been bugging about selling him one of my pistols. I said when you turn 21 we'll talk. Now he's 21 so I think I'll let him have it for cheap.

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post #7 of 25 (permalink) Old 02-17-2009, 09:37 PM
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thanks for the info. I have a cousin who has been bugging about selling him one of my pistols. I said when you turn 21 we'll talk. Now he's 21 so I think I'll let him have it for cheap.
what else you selling cheap ?
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post #8 of 25 (permalink) Old 02-17-2009, 09:39 PM Thread Starter
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first off why does a relative want to by a gun for you? are you underage, a criminal? why not have them give you the money and you go buy it? if you are buying from a private individual you can have the go to a ffl by them or you and you pay for the transfer and the gun will be legally yours.
Not for me. From me. He's been wanting it for a while. No criminals here.

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post #9 of 25 (permalink) Old 02-17-2009, 09:40 PM Thread Starter
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what else you selling cheap ?
One of two pistols I have and i'm not selling that one.

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post #10 of 25 (permalink) Old 02-17-2009, 09:43 PM
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Not for me. From me. He's been wanting it for a while. No criminals here.
then take him to a ffl and have him pay the 20 or so bucks for the transfer. and pay you for the gun of course
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post #11 of 25 (permalink) Old 02-17-2009, 09:53 PM
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One of two pistols I have and i'm not selling that one.
sass me again and see what happens...
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post #12 of 25 (permalink) Old 02-17-2009, 09:59 PM Thread Starter
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sass me again and see what happens...
lol

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post #13 of 25 (permalink) Old 02-17-2009, 10:04 PM
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lol
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post #14 of 25 (permalink) Old 02-17-2009, 11:01 PM
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then take him to a ffl and have him pay the 20 or so bucks for the transfer. and pay you for the gun of course
don't waste your time and money with this route...

if you know your cousin is clean, just whip up a bill of sale (2 copies, one for each party) as previously mentioned and be done with it. If he has an issue with the BoS, just explain that it is to CYA...

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post #15 of 25 (permalink) Old 02-18-2009, 05:27 AM
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Did you buy the gun new? Is there any paperwork on the gun with your name on it?

If not, just sell it and be done. I've never done a bill of sale when buying or selling a gun privately.
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post #16 of 25 (permalink) Old 02-18-2009, 06:24 AM
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I have a relative that wants to buy a handgun from me. What do I need to do this legally? Any special forms I need? I see people selling stuff on here all the time. Any need for a background check? Someone shed some light for me. Thanks
If the person is 21+ (on handguns) and 18+ (on long guns) and its a private sale, then its legal. You do not need to write someones id down, etc.. Today a lot of people are afraid of id thieft and probably won't want you to write it down (Their id numbers).

If you are really concerned, find a FFL thats willing to do a transfer (Like a pawn shop), pay them a small fee, get your money from the buyer, and let your buyer fill out the firearm form, and the FFL will do the background check, etc...

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post #17 of 25 (permalink) Old 02-18-2009, 08:31 AM
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sass me again and see what happens...
LMAO,

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sass me again and see what happens...
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post #18 of 25 (permalink) Old 02-18-2009, 10:50 AM
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LMAO,

Sig check!
lol...i figured someone would get a kick out of that.
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post #19 of 25 (permalink) Old 02-18-2009, 06:37 PM
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From the ATF FAQ. I bolded the important part.

(B1) To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

http://www.atf.gov/firearms/faq/faq2.htm#b1

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post #20 of 25 (permalink) Old 02-18-2009, 06:43 PM
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then take him to a ffl and have him pay the 20 or so bucks for the transfer. and pay you for the gun of course
He is selling a gun he already owns to a relative...

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post #21 of 25 (permalink) Old 02-18-2009, 07:29 PM
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He is selling a gun he already owns to a relative...
no shit? he is asking what he needs to do to cover his ass, so if said gun is used in a crime later down the road. so if he takes his relative to a ffl and the relative fills out the forms the gun would then be registered to the relative and not the OP.

or he can do what i will ever do and just say he sold it a while ago and has no idea has become of it since.

Last edited by big pappa pump; 02-19-2009 at 08:59 AM.
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post #22 of 25 (permalink) Old 02-19-2009, 06:53 AM
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no shit? he is asking what he needs to do to cover his ass, so if said gun is used in a crime later down the road. so if he takes his relative to a ffl and the relative fills out the forms the gun would then be registered to the relative and not the OP.

or he can do what i will every do and just say he sold it a while ago and has no idea has had it since.
No, you're wrong...

There is NO registration in the state of Texas and doing a transfer through an FFL is really no different than doing a bill of sale. All the FFL route provides that cannot be done FTF is a background check. Creating a bill of sale will provide a similar paper trail to the FFL's records. Just keep the bill of sale in your files in case you need to reference it.

That is of course IF you wanted to do a bill of sale. Nothing says you must keep documentation for a FTF transfer. You can reference propellerhead's post for details.

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post #23 of 25 (permalink) Old 02-19-2009, 08:24 AM
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no shit? he is asking what he needs to do to cover his ass, so if said gun is used in a crime later down the road. so if he takes his relative to a ffl and the relative fills out the forms the gun would then be registered to the relative and not the OP.
It has already been said but no, it would not be registered to him. No registration in Texas, so really it would just be a waste of money.

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or he can do what i will every do and just say he sold it a while ago and has no idea has had it since.
Haha. That is confusing.

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post #24 of 25 (permalink) Old 02-19-2009, 09:02 AM
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do you guys really think that when you buy a gun new from a FFL dealer or get one transferred to you, that big brother isnt keeping tabs? why do you think alot of people want to buy guns ftf without going thru a dealer?
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post #25 of 25 (permalink) Old 02-19-2009, 11:57 AM
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do you guys really think that when you buy a gun new from a FFL dealer or get one transferred to you, that big brother isnt keeping tabs? why do you think alot of people want to buy guns ftf without going thru a dealer?
If anyone's keeping tabs, it's a record of the details of the background check. Do they even tell the person on the phone bank what gun you're buying? Actual 4473's don't even leave the store in most cases, unless requested by the BATFE.

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