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Posted: 12/12/2013 5:45:56 AM EDT
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.)
Link Posted: 12/12/2013 5:48:10 AM EDT
[#1]
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.
Link Posted: 12/12/2013 6:07:36 AM EDT
[#2]
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.

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*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.

Link Posted: 12/12/2013 6:42:01 AM EDT
[#3]
Any records you make and keep about the transaction can and will be used against you if there is trouble.
Link Posted: 12/12/2013 6:54:44 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


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.
Link Posted: 12/12/2013 5:42:07 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Any records you make and keep about the transaction can and will be used against you if there is trouble.
View Quote


Link Posted: 12/12/2013 6:16:36 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Any records you make and keep about the transaction can and will be used against you if there is trouble.
View Quote

Link Posted: 12/13/2013 4:24:21 AM EDT
[#7]
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.
Link Posted: 12/13/2013 4:59:08 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
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?"
Link Posted: 12/13/2013 7:38:49 AM EDT
[#9]
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
Link Posted: 12/13/2013 9:26:25 PM EDT
[#10]
Link Posted: 12/14/2013 2:37:21 PM EDT
[#11]
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. :)

Posted Via AR15.Com Mobile
Link Posted: 12/14/2013 2:48:52 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted: You have a trustworthy face?
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If I was king of teh prosecutors, tattoo would have been sent up teh river many many moons ago.







I keed I keed
Link Posted: 12/14/2013 5:43:49 PM EDT
[#13]
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