AR15.Com Archives
 AR private party gun sales laws?
sdailey5  [Team Member]
7/18/2011 8:23:13 AM EST
Can anybody point me in the right direction for information regarding the private sale of firearms in Arkansas? What do I need to do as a seller? Any buyer info that I need to retain? Bill of sale?

Thanks to anybody who can shed some light.
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JDMnAR  [Team Member]
7/18/2011 8:48:52 AM EST
Q: 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]

Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping. See also Question B3.


Source


ETA: Personally, I complete a Bill of Sale for anything I sell privately for my own peace of mind. An example is available here, as are many more with a simple Google search.
sdailey5  [Team Member]
7/18/2011 9:37:01 AM EST
Wonderful, thanks for the link. I hadn't thought about consulting the ATF website. I will probably call ASP just to get clarification from local authorities as well.