
Posted: 12/12/2013 4:45:56 AM EST
When making a person-to-person, private gun sale, are there any legal responsibilities with which the seller must comply, i.e. obtain a receipt from the buyer, any sort of transfer documents, anything?
(I'm not asking about judgement issues regarding the character of the buyer, because frankly, I would never sell to a stranger.) |
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There's a fine line between rubbing lotion on yourself and rubbing yourself with lotion.
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Cash and carry unless something tips you off about the sale, ex he mentions he can't pass bg check, his car has out of state plates.
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http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#private-record-keeping
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. --------------------------------------------------------------------------------------------------------------------------- *None in WI. That's the legality part. There is no documentation "legally" required by Fed law, and none in WI neither. OTOH, there are some "voluntary" steps that can cover your ass, IF selling to someone you don't know.... such as checking State residence & age, asking if they're prohibited from possessing, and document it. You can make up your own bill of sale with the important info on it, and have the buyer sign it. |
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In the 1980s, the U.S. had Ronald Reagan, Johnny Cash, and Bob Hope.
Now we have Barack Obama... NO Cash, NO Hope. |
Any records you make and keep about the transaction can and will be used against you if there is trouble.
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Illegitimi Non Carborundum
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Originally Posted By rfb45colt:
OTOH, there are some "voluntary" steps that can cover your ass, IF selling to someone you don't know.... such as checking State residence & age, asking if they're prohibited from possessing, and document it. You can make up your own bill of sale with the important info on it, and have the buyer sign it. View Quote I do this, as well as look them up on ccap. It makes me feel better about who im selling it to. |
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Will trade PMAG for Dang! Butterscotch Root Beer.
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Seriously, a tractor dealer from Possum Trot, KY has to explain this to you, a lawyer? - JPL
WTB: Glock 17 gen 2. SN 895 CAF |
Today we need a nation of Riflemen, citizens who are not only prepared to take arms but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom
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I ask - "Is there any reason you're aware of that I should not sell you this gun?" and "Are you a resident of Wisconsin?". If the answers are correct, cash changes hands and someone has a new gun. If not, no sale.
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Will trade PMAG for Dang! Butterscotch Root Beer.
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Originally Posted By DarkNite:
I ask - "Is there any reason you're aware of that I should not sell you this gun?" and "Are you a resident of Wisconsin?". If the answers are correct, cash changes hands and someone has a new gun. If not, no sale. View Quote Along these lines, I ask for ID. If it's not a WI ID, or he deosn't ahve PCS orders, tehn no deal. I also ask "Are you a felon? Have you been convicted of domestic violence?" |
Seriously, a tractor dealer from Possum Trot, KY has to explain this to you, a lawyer? - JPL
WTB: Glock 17 gen 2. SN 895 CAF |
i ask to see a wisconsin ID to verify they are a resident. i ask if they have a felony or with DV conviction.
if the answers are acceptable, cash changes hands and they go on their way |
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I had a rifle turn up used in some bullshit a few years back that I had sold, cops came to my house asking about it I told them I sold it and didn't have any paper work they said that sucks and left, never heard about it agine, people make a bigger deal then needed about cops showing up, theres not much they can do unless they can prove you did the crime.
only ting I ask for a privet sale is are they from wi and or not legle to buy from a dealer then that's it. |
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Nobody wants him He just stares at the world Planning his vengeance
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T, not much they can do except leave you on the list of possible suspects. Glad that didn't apply in your case. You have a trustworthy face? I'll have a receipt to move them along as I'm not as attractive. :)
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Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened.
W. Churchill Hold my donut and watch this! |
Will trade PMAG for Dang! Butterscotch Root Beer.
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Seriously, a tractor dealer from Possum Trot, KY has to explain this to you, a lawyer? - JPL
WTB: Glock 17 gen 2. SN 895 CAF |
Originally Posted By MisterPX:
![]() If I was king of teh prosecutors, tattoo would have been sent up teh river many many moons ago. ![]() I keed I keed ![]() View Quote View All Quotes View All Quotes Originally Posted By MisterPX:
Originally Posted By glenn_r: You have a trustworthy face? ![]() If I was king of teh prosecutors, tattoo would have been sent up teh river many many moons ago. ![]() I keed I keed ![]() lol nice... I have a very trust worthy face, if you trust short fat hairy bikers ![]() |
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Nobody wants him He just stares at the world Planning his vengeance
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