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  1. #1
    Senior Member Cypher's Avatar

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    Selling guns person to person

    I'm sure it may depend on the state but when you sell a gun person to person is there anything required by law that you have to do as far as transferring it to the other person?

    Over the last several years I have sold some guns to individual persons that I did not know and do not know now so I started thinking about it and with talk of a possible new gun ban, registrations, finger printing etc. is there anything the government could require to prove a gun I used to own was sold?

    With the bad economy and all I'm sure a lot of gun owners have sold several of their guns over the years so it seems like a nightmare to accurately track.

  2. #2
    Team GunsNet Gold 03/2014

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    New York State is very picky when it comes to transferring handguns.

    You are expected to get all the information to the permit office, get your permit changed, then pick up your purchase.

    The seller is supposed to get their permit to the office and have the item removed within a short time period, 10 days, I think.

    I don't believe there is any restriction on long guns, but I would get a receipt with the buyers name and address.

  3. #3
    Forum Administrator Schuetzenman's Avatar

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    If a person will not show you a drivers's license, I would not sell them any weapon. They might just be paranoid and they might be a criminal. I don't really want to sell to either type. The paranoid type might lose it some day and that weapon you sold them might get used. The criminal, that's obvious why not.

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    Team Gunsnet Platinum 06/2016 ltorlo64's Avatar

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    Not sure what restrictions they could put in place but I bet they will try to insert the FFL process into all transactions.

    As for what I do now, I look at ID and their general demeaner. I record the day I sold it, how much was paid and the name of the person I sold it to. If I don't trust the person, which has not happened, I will not sell the gun to them. This means, if someone is talking about how they can't buy a gun in a store because they can't pass a background check, they just got out of jail, have been arrested for domestic violence, etc. I will not sell to them. When you read about the gun scams that NY mayor Bloomberg runs this is what he does. Have someone try to buy a gun from a private party and in general conversation just mention things that remove a person's right to own guns and then see if the seller will still sell the gun. I make sure I will not be on his list.
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    Guns Network Contributor 04/2013 El Laton Caliente's Avatar

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    There is no Federal requirement when a firearm is transferred in state and/or in person between non-dealers. NFA is a different deal.

    State laws vary widely, but in most there is little to no requirement in private, non-dealer transactions.

    In Texas and many other states you can even ship the non-NFA firearms within state without involving a FFL dealer.

    NRA-ILA has pretty good info on state laws nation wide as does packing.org...

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    Administrator Krupski's Avatar

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    Quote Originally Posted by Gunner1558 View Post
    New York State is very picky when it comes to transferring handguns.

    You are expected to get all the information to the permit office, get your permit changed, then pick up your purchase.

    The seller is supposed to get their permit to the office and have the item removed within a short time period, 10 days, I think.

    I don't believe there is any restriction on long guns, but I would get a receipt with the buyers name and address.
    You are correct. a HANDGUN in NY has to be listed on the CHL ("Pistol Permit").

    In order to sell it to another person, you transfer it to an FFL and get a receipt stating you no longer have the gun.

    The buyer then gets paperwork stating that he purchased the gun (but does not receive it yet).

    He takes the paperwork to the pistol permit office, gets it put on his permit and is given a "coupon" which allows him to pick up the gun.

    He goes back to the FFL, the FFL runs a NICS and if it comes back "proceed", he takes the gun home.

    The seller also has to have the pistol removed from HIS permit (which his receipt is used for). I don't know if there is a time limit.

    For long guns, FTF is legal, no NICS is required and there is no registration of any kind involved.

    With that said, I personally would not sell a long gun to anyone that I didn't know and trust.
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  7. #7
    Senior Member Cypher's Avatar

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    Quote Originally Posted by El Laton Caliente View Post
    There is no Federal requirement when a firearm is transferred in state and/or in person between non-dealers. NFA is a different deal.

    State laws vary widely, but in most there is little to no requirement in private, non-dealer transactions.

    In Texas and many other states you can even ship the non-NFA firearms within state without involving a FFL dealer.

    NRA-ILA has pretty good info on state laws nation wide as does packing.org...
    Ok, thanks. I have lived and sold in Kentucky and Indiana. My main concern is if they require all guns to be registered and think I still have one that I sold a long time ago. I am just trying to get a feel getting for what I should expect or what I need to do to protect myself if a stupid gun ban and mandatory registration takes place.

    It may not work too well if I say I lost them in a boating accident so I need to know how to legally respond when they want to know why I don't have gun xyz because I sold it 5 years ago and don't have any specific papers or receipts to show it.

  8. #8
    Team GunsNet Bronze 07/2011

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    Just like anything else sold you should really get a signed receipt both ways that way if the gun comes up as stolen and you got a receipt it will get you out of some trouble if not all but you would lose the gun but probably not go to jail for receiving stolen property.

  9. #9
    Team GunsNet Silver 02/2014

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    Last gun I sold was to a Texas Narc that was known to me....6 months later, the gun n a ton of grass were snagged off the Cal coast.........I got out of that un and haven't sold one sence then!!!!!
    Dan

  10. #10
    Registered User LAGC's Avatar

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    Quote Originally Posted by yankeedog View Post
    Just like anything else sold you should really get a signed receipt both ways that way if the gun comes up as stolen and you got a receipt it will get you out of some trouble if not all but you would lose the gun but probably not go to jail for receiving stolen property.
    Yeah, that was always my big concern buying private-party. No easy was to check to make sure the gun wasn't stolen. If you don't remember (or have proof of) who the seller was, you could end up in deep shit if you are found with a gun that was reported stolen.

    One solution would be to open up NICS so that both the private seller can check to make sure the buyer isn't disqualified, and so that the buyer can be assured that the gun isn't reported stolen. No need to necessarily go through an FFL, although that would still smack of de-facto registration since we all know the FBI never purges its background check records.

    As it stands now, if no paper-work is involved in the sale, the seller has nothing to worry about, all the risk is on the buyer.
    "That tyranny has all the vices both of democracy and oligarchy is evident. As of oligarchy so of tyranny, the end is wealth; (for by wealth only can the tyrant maintain either his guard or his luxury). Both mistrust the people, and therefore deprive them of their arms." -- Aristotle, Book V, 350 B.C.E

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