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9/22/2017 12:11:25 AM
Posted: 12/19/2005 8:33:35 PM EDT
[Last Edit: 12/19/2005 8:33:35 PM EDT by 1GUNRUNNER]
Anyone know if it requires going to an FFL holder to have a handgun officially transferred for a private sale between individuals? I checked the NRA laws site and couldn't find anything about it. I was at a gun shop today and asked them how much they would charge me to do a transfer for a private sale. The guy there starts telling me that isn't necessary, just get a copy of his driver's license, date and time sold, serial number, and anything else I could think of and do the private sale, said he had done it a number of times.
Now I'm in the military, and originally from Pennsylvania. I've never sold a handgun to a private individual before, but I thought it had to be transferred. I called the local Sheriff's office to ask them, but no one is there at the moment.
Can anyone shed any light on this? Thanks
Link Posted: 12/18/2005 8:13:29 PM EDT
Now, I'm in Texas and not Georgia, but my understanding is that doing a face to face sell is easy. One brings money. The other brings the guns and viola. Yea, getting name, DL# and serial number might be a good idea for CYA purposes, but I don't even think that's necessary.
Link Posted: 12/19/2005 7:43:00 PM EDT
From what I understand and as has been my personal experience, transactions between private individuals do not require the assistance of an FFL holder. When I sold one of my handguns a couple years ago, all I did was draw up a bill of sale (with a thorough description of the gun) and have the guy list all of his contact info and sign and date it. Good luck.
Link Posted: 12/20/2005 2:08:34 AM EDT
This is off the ATF website. You must both be residents of the same state to sell and also meet any state or local laws.


(B17) What recordkeeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]

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. As noted in FAQs B1 and B2, which are posted on this Web site in the "Firearms" section, 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 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.

For information about any State or local regulations that may govern this type of transaction, it is advisable to contact State Police units or the office of your State Attorney General.

Please note that if a private person wants to obtain a gun from a private person who resides in another State, the gun will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See FAQ B3 (Firearms).




Link Posted: 12/20/2005 3:37:07 AM EDT
Key words, both seller and buyer reside in the same state...no FFL, and only whatever paperwork you feel necessary is required....you can just take the money and run if you choose, but a SMART seller who sells to someone unknown to him will get and keep a receipt.
If we run a trace on a gun, it will come back to the original buyer on the 4473. It is nice, depending on how the firearm was used, if the innocent ORIGINAL buyer of the firearms can show that he sold it to some dude......
Link Posted: 12/20/2005 6:53:21 AM EDT
Nice, but not necessary or required. Not certain I would even call it stupid not to. Satisfy the requirements of the law and you are good to go.
Link Posted: 12/20/2005 7:57:12 AM EDT
So, whatcha buying or selling?


ByteTheBullet (-:
Link Posted: 12/20/2005 1:12:11 PM EDT

Originally Posted By ByteTheBullet:
So, whatcha buying or selling?


ByteTheBullet (-:



This isn't the EE, pal.
Link Posted: 12/20/2005 2:04:16 PM EDT
[Last Edit: 12/20/2005 2:17:32 PM EDT by ByteTheBullet]

Originally Posted By Bradd_D:

Originally Posted By ByteTheBullet:
So, whatcha buying or selling?


ByteTheBullet (-:



This isn't the EE, pal.



Yeah, right...


ByteTheBullet (-:
Link Posted: 12/20/2005 2:12:15 PM EDT

Originally Posted By ByteTheBullet:
Yeah, right...[rolleys]

Obviously not the spelling class, either.
Link Posted: 12/20/2005 2:18:18 PM EDT

Originally Posted By the_reject:

Originally Posted By ByteTheBullet:
Yeah, right...

Obviously not the spelling class, either.



Smart assssssssssssssssssssssssssssssssssssssssssss­sssssssssssssssssssssssssssssssss.

Better?



ByteTheBullet (-:
Link Posted: 12/29/2005 2:48:36 PM EDT
Do a bill of sale.....and have it signed by both parties just to be on the safe side incase the gun is ever used in a crime. Not required but smart IMO.
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