How do you do this legally - can you just exchange gun for money, or does the buyer need to go through some sort of check?

thank you

Richard

Unless there are state laws prohibiting or regulating private sales of handguns, then yes.

You satisfy yourself that the purchaser is not prohibited from owning the weapon, and hand it over.  Some choose to retain a copy of the buyer's license and make out a bill of sale and disclaimer, but those are not generally required for legality.

States which have handgun registration usually have forms to fill out and submit to the police transferring the registration.  California requires even private sales to go through a California licensed dealer.

Richard,

Check with your local Sheriff's office they could tell you the specifics of the law's in your area.

Here in MO I believe even 'private' transfers have to be handled via FFL, AND you have to get "permission" from the county sheriff as well. But that's usually nothing more than another B/G check.

Here in ILLINOIS all I gotta see is his/hers FOID(Firearm owners ID card), which is issued by the IL State Police. I don't have to run a background check, and no waiting period if you buy from a private individual. Only catch is you both swap FOID numbers and retain this info for 10 years plus gun serial#, model, length, etc.

Florida as stated in my Call to Arms post has various rules in different Counties and Cities. Even though the only laws we must comply with are the ones specifically set out in the State Constitution, the Local Cops take pleasure in making sure we comply with the Local laws.

In most of Florida, the only rule is that you don't sell to anybody you know to be disqaulified. I have sold 3 Guns at a Gun Show in NW Florida with No Problem.

But, I can't even buy a gun in Miami. Miami-Dade, Broward, and Palm Beach ban Private Sales. They do this by requiring a NICS check. But, under FLorida Law I cannot perform a NICS check, so I cannot sell privately. Also, Miami has this cockamamy rule about banning minors under 21 (since when has 18 to 21 been a minor) from buying guns in Miami-Dade. Miami-Dade also has a ban on "Saturday Night Specials", which they define as any gun with a barrel less than 3" in a Caliber of .32 or smaller. How long is the barrel on a Russian Tokarov (.30 Caliber) ?

But, as I said all these laws are in violation of Article 1, Section 8 which was added to the Constitution in 1990 and FRS 790.33 passed into law in 1987.