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Posted: 5/29/2003 3:37:25 PM EDT
simple question. Im selling my shotgun And im wondering if there is anything special that I have to do. Ive looked up firearms laws for my state everywhere but cant find didly. Is it just as simple as handing them the gun and them handing me the cash? or is there somthing more involved?
Link Posted: 5/29/2003 5:34:25 PM EDT
I don't know about NC laws but in TX it's that simple. However, just to cover yourself in case something bad happens with the shotgun, you should make a bill of sale and get their drivers license info on it.
Link Posted: 5/30/2003 5:27:01 AM EDT
I cannot easily count all the guns I've bought and sold over the past year even! I even setup tables at gunshows,but I'm not now nor have ever been a dealer! Private sales are not regulated,BUT-I'm pretty sure the one thing that does apply is that you have NO KNOWLEDGE that the person is a FELON. You can take down their driver's liscense if you wish(any law-abiding person would'nt object in this situation). In Nebraska,we have a "pistol purchase certificate" which is good for 3yrs and means that NO NIX call is needed,so I just ask them to show me theirs,and I'm covered! But paperwork isn't required.
Link Posted: 5/30/2003 6:08:44 AM EDT
Link Posted: 5/30/2003 6:23:23 AM EDT
In OH, there's no problem, as long as it's someone in the same state. You can even mail long guns within the OH. We don't need a permit to own a long gun; do you need one in NC? Or is that just for handguns? I was in a gun store near Atlantic Beach, and I seem to remember the guy working there telling me that you needed a permit for each (hand?)gun you buy. And like David says, if you're doing it for business purposes (with obvious intent to make money), you would be guilty of dealing guns without a license.
Link Posted: 5/30/2003 10:33:59 AM EDT
thanx for all the info guys. There is no permit needed to own longguns in NC And im selling the shotgun because I need the money for somthing else. I will likely do a bill of sale and require drivers license info. Now if I could just get the dang thing sold.
Link Posted: 5/30/2003 11:55:51 AM EDT
Originally Posted By David_Hineline: Private sales are actually regulated if you are doing it to make money. If you just buy and sell guns because you change your mind that's ok.
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That's exactly what my deal is. I like to try all kinds of different brands and configs,and if I don't like them,I get rid of them.
Link Posted: 5/30/2003 9:55:04 PM EDT
[Last Edit: 5/30/2003 10:08:28 PM EDT by otto_esq]
I recommend everyone on this thread to print these citations, take them to your local state university law school library and ask the librarian to help you find these cases. (It is free; your state tax dollars at work.) And then read them, for some on this board do not understand the definition of a "dealer" See [url=http://www4.law.cornell.edu/uscode/18/921.html]18 USC 921(a)(11)(A)& (21)(C)[/url] also available at the law library, as well as the annotated US Code reference from which these cases are cited. "Gross" and "Jackson" are THE standards all Federal Courts use to interpret the meaning of a "hobby dealer" and to convict under 18 USC 921, [i]et al.[/i]-- it is a 10 year felony and no more ownership of firearms of any kind:
Defendant's sale of 11 separate weapons within a reasonably short space of time clearly made him a "dealer" under definition of that term. U.S. v. Gross, C.A.7(Ind.) 1971, 451 F.2d 1355
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Evidence showing, interalia, multiple sales of firearms conducted regularly at gunshows on a continuing basis, display of numerous long guns and handguns which were not curios or relics, taking of orders for firearms, and making of profit from the sale of such firearms warranted conviction for knowingly engaging in the business of a dealer in firearms without being licensed to do so, despite defendant's contention that he was a collector. U.S. v. Jackson, S.D.Ohio 1972, 352 F.Supp. 672, affirmed 480 F.2d 927.
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My $.01 (50% discount for board members) Cheers, Otto
Link Posted: 5/30/2003 9:57:39 PM EDT
[Last Edit: 5/30/2003 9:58:02 PM EDT by otto_esq]
BTW WolfAR15, I don't mean to worry you; you got good advice. Cheers, Otto
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