if its a private sale than its a standard private long arm transfer
if its an Auction:
K. AUCTIONEERS
(K1) Does an auctioneer who is involved in firearms sales need a dealers
license?
Generally speaking, there are two types of auctions: estate-type
auctions and consignment auctions. In estate-type auctions, the articles to
be auctioned (including firearms) are being sold by the executor of the estate
of an individual. In these cases the firearms belong to and are possessed by
the executor. The auctioneer is acting as an agent of the executor and
assisting the executor in finding buyers for the firearms. The firearms are
controlled by the estate, and the sales of firearms are being made by the
estate. In these cases, the auctioneer does not meet the definition of
engaging in business as a dealer in firearms and would not need a license. An
auctioneer who has a license may perform this function away from his or her
licensed premises.
In consignment-type auctions, an auctioneer often takes possession of
firearms in advance of the auction. These firearms are generally inventoried,
evaluated, and tagged for identification. The firearms belong to individuals
who have entered into a consignment agreement with the auctioneer giving that
auctioneer authority to sell the firearms. The auctioneer has possession and
control of the firearms. Under these circumstances, an auctioneer would
generally need a license.
An auctioneer who buys firearms for purposes of resale will also need a
license.
(K2) If a licensed auctioneer is making sales of firearms, where may those
sales be made?
Firearms may be displayed at an auction site away from the auctioneer’s
licensed premises and sales of the firearms can be agreed upon at that
location, but delivery may only be made to purchasers after the firearms have
been returned to the auctioneer’s licensed premises. The simultaneous sale
and delivery of the auctioned firearms away from the licensed premises would
violate the law, i.e., engaging in business at an unlicensed location.
However, if the auctioneer is assisting an estate dispose of firearms, the
estate is the seller of the firearms, and the estate is in control and
possession of the firearms, the firearms would not have to be returned to the
licensed premises prior to their delivery. (See also Question K1.)