OT-question about person to person gun sales
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- Senior Levergunner
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OT-question about person to person gun sales
I have three guns that I really need to sell. I'd rather sell locally if I can to avoid having to pay shipping/transfer fees. Can I sell that many guns at once without the feds getting their shorts in a knot?
I've heard rumors (and granted their just rumors) of gun owners who make a lot of private sales being investigated.
Not that I'm expecting internet legal advice, but I'm curious to hear what you guys have heard on the subject.
I've heard rumors (and granted their just rumors) of gun owners who make a lot of private sales being investigated.
Not that I'm expecting internet legal advice, but I'm curious to hear what you guys have heard on the subject.
My first attempt at an outdoors website: http://www.diyballistics.com
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Re: OT-question about person to person gun sales
You have nothing to fear whatsoever, you are perfectly legal. List 'em here and let the buyers pay the shipping.
Re: OT-question about person to person gun sales
jnyork wrote:You have nothing to fear whatsoever, you are perfectly legal. List 'em here and let the buyers pay the shipping.
Yup.
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Re: OT-question about person to person gun sales
All right. I'll post in the classifieds section later today. Not really happy about having to sell them, but the wife and I got word that we'll be out of work come mid December. It's the one downside of working at the same place.
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Re: OT-question about person to person gun sales
As long as you are selling part of your collection, you are in the clear. If you bought them with the intent to re-sell them and make a profit, BATF would say you are acting as a dealer. If you bought it to keep it and changed your mind later you still should be OK.
Intent is everything.
Intent is everything.
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All the knowledge in the world, is of no use to fools! (Eagles-long road out of Eden)
All the knowledge in the world, is of no use to fools! (Eagles-long road out of Eden)
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Re: OT-question about person to person gun sales
Ok, they've all been fired and hunted with, so no one can make that claim.Thunder50 wrote:As long as you are selling part of your collection, you are in the clear. If you bought them with the intent to re-sell them and make a profit, BATF would say you are acting as a dealer. If you bought it to keep it and changed your mind later you still should be OK.
Intent is everything.
Would a bill of sale (which I insist on whenever I sell a big ticket item) be out of line?
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Re: OT-question about person to person gun sales
[/quote]
Ok, they've all been fired and hunted with, so no one can make that claim.
Would a bill of sale (which I insist on whenever I sell a big ticket item) be out of line?[/quote]
If you were here in AZ., Yes, a bill of sale is considered an infringement on citizen 2nd amendment rights by approx. 90% of this state's gunnies I know. I can't say for any other state's citizens.
Ok, they've all been fired and hunted with, so no one can make that claim.
Would a bill of sale (which I insist on whenever I sell a big ticket item) be out of line?[/quote]
If you were here in AZ., Yes, a bill of sale is considered an infringement on citizen 2nd amendment rights by approx. 90% of this state's gunnies I know. I can't say for any other state's citizens.
Last edited by 76/444 on Sat Nov 07, 2009 11:20 am, edited 1 time in total.
Re: OT-question about person to person gun sales
Jason, regardless of the guns you're selling, since your OP topic mentions "person to person", maybe a little clarification would be in order.
While you can quite freely transfer (sell) a firearm to another Vermont resident ( aka locally) w/o going through an FFL/dealer, if you do so to/with ANYONE not a resident of the same state you are, then you run afoul of Federal Law (even if both of you meet in the same coffee shop somewhere) - which is avoided via shipping to the buyer's FFL/dealer of choice.
An interstate seller should obtain a copy of the receiving FFL from the buyer along with the funds - being sure that the said FFL will accept shipment from a non-FFL (you), as many opt not to do so (their right).
It's legal under Federal Law for YOU to mail (USPS) or ship (UPS/FEDEX) any long gun to any FFL in any state.
YOU may not mail (USPS) a handgun (FFL's can), but can ship (UPS/FEDEX) one legally.
In my experience, USPS Priority Mail + insurance, etc , to mail a long gun, East of the Mississippi runs about $25-$30, West of there about $35 or so - be sure to figure that cost into your advertisement.
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While you can quite freely transfer (sell) a firearm to another Vermont resident ( aka locally) w/o going through an FFL/dealer, if you do so to/with ANYONE not a resident of the same state you are, then you run afoul of Federal Law (even if both of you meet in the same coffee shop somewhere) - which is avoided via shipping to the buyer's FFL/dealer of choice.
An interstate seller should obtain a copy of the receiving FFL from the buyer along with the funds - being sure that the said FFL will accept shipment from a non-FFL (you), as many opt not to do so (their right).
It's legal under Federal Law for YOU to mail (USPS) or ship (UPS/FEDEX) any long gun to any FFL in any state.
YOU may not mail (USPS) a handgun (FFL's can), but can ship (UPS/FEDEX) one legally.
In my experience, USPS Priority Mail + insurance, etc , to mail a long gun, East of the Mississippi runs about $25-$30, West of there about $35 or so - be sure to figure that cost into your advertisement.
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Re: OT-question about person to person gun sales
I do a bill of sale with folks I don't know. I don't with folks I do know. If you sell via FFL it is a moot point as that isn't really a person-to-person sale. There WILL be a couple of records.
As to having to sell, no problem. I know one fella that regularly buys and sells. He is forever upgrading/changing his collection. No problems.
As to having to sell, no problem. I know one fella that regularly buys and sells. He is forever upgrading/changing his collection. No problems.
Sincerely,
Hobie
"We are all travelers in the wilderness of this world, and the best that we find in our travels is an honest friend." Robert Louis Stevenson
Hobie
"We are all travelers in the wilderness of this world, and the best that we find in our travels is an honest friend." Robert Louis Stevenson
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Re: OT-question about person to person gun sales
Selling guns to another person in your home state is legal. I suggest getting a copy of their DL with the sale - and a receipt or as Hobie says - bill of sale is wise too. Outside of your state must go through FFL dealer or Licensed C&R Collector - for qualified firearms.
The guns must be legal were sold as well. In other words, you can't sell a NJ "banned rifle" into New Jersey.
The guns must be legal were sold as well. In other words, you can't sell a NJ "banned rifle" into New Jersey.
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MOLON LABE!
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Re: OT-question about person to person gun sales
If yer in VT, and he's in VT, the only issue is residency. (Same here in NY for long guns). When I sell locally, (I have simply run an ad in the local paper, back in the day), I insisted on CASH (bad checks and FTF gun sales seem to go hand in hand), and I ask to SEE their DL. I tell em flat out I am not making a record, I just wanna know they are a resident, (and of age if they appear young). Everybody gets to stay "off paper" if they so desire, but if the "buyer" happens to be a federale that's trolling, I did my job......
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Re: OT-question about person to person gun sales
Get and give receipts unless you are dealing in stolen items. The BATF does not know what happens between individuals regardless of some advice you have been given
Re: OT-question about person to person gun sales
That would be my advise as well. If you bought that gun new, it very likely CAN be traced to you via manufacturer, wholesaler, and dealer that sold it. If it were me, I would want some documentation that I passed it on.grass range wrote:Get and give receipts unless you are dealing in stolen items. The BATF does not know what happens between individuals regardless of some advice you have been given
Re: OT-question about person to person gun sales
http://www.atf.gov/firearms/faq/faq2.htm#b1
This is off the AFT's website. Pay attention to section B. Unlicensed Persons. It is better to hear it right from the horse's mouth. Go ahead and read the rest of the Section B FAQs. There is alot of good info.
This is off the AFT's website. Pay attention to section B. Unlicensed Persons. It is better to hear it right from the horse's mouth. Go ahead and read the rest of the Section B FAQs. There is alot of good info.