No background checks at gun shows?

H

Hedley

New member
I just picked up a K-31, which I believe is C&R eligible. It's not the first gun show buy, nor my first C&R buy. I once bought an old C&R SKS at my local gun shop and had to fill out the normal paperwork, and once at the last gunshow, I bought an AK clone, followed by the same paperwork and phone call.

However, when I approached the guy with the K31, I picked it up, looked at it for about 10 seconds and told him I wanted it and handed him my license as I always do. I figured he would run it while I browsed his other rifles on display, and he then asked my if I live in San Antonio(haven't changed my license since my last move), and I told him no and that I live in Austin. He gave me my license back, and while I was waiting for him to hand me the form to sign, he just stared at me and said it would be $150 even. I gave him the miney and that was it. I have a reciept, but is it normal practice not to fill out paperwork for old bolt actions at a gun show?
 
Hedley - In Ohio, you only have to get the government's permission when you buy from a FFL holder. Private sales are just that - private.

I suspect it is the same way in Texas.

It has nothing to do with gunshows. You could have bought it in the guy's garage or in your own living room.

-Dave
 
Many states don't require a background check for a face-to-face (FTF) sale between individuals, Gunshow or not, as long as the seller is not selling as part of a business, i.e., an FFL.

[Ha! I see TBM beat me to it. :)]
 
If you lived where it was required, yes. But then, if you live in a place where firearm registration is required, you probably cannot conduct a legal FTF sale. 'Makes sense, but I don't know all states' and locales' laws.
 
God Bless Texas

It is a felony to buy or sell a firearm if you are specifically prohibited by law..or to put it another way, not a law abiding citizen by definition.

If you are a law abiding citizen, you are not restricted from buying from or selling to another law abiding citizen.

As it should be.

Oh My God. Common sense that coincides with the law? How did that happen? :)

At the risk of being repetitious...God Bless Texas.
 
Hedley,

If you haven't notified BATF of your address change and reveived a new license with the proper address, your FFL is no longer valid and should not be used. You are in violation of 27CFR §478.52. You need to file for an ammended license using BATF Form 5300.38, which is available here:

When I said "license," I meant my driver's license. I'm not an FFL. I understand that private FTF deals require no paperwork, but I was just curious how someone who has his own recipts and company name (which means he probably sells more than a couple rifles a year) could legally sell me a rifle without a background check, while other vendors sitting next to him do the appropriate checks neccesary of an FFL dealer. Was he lazy or did he just like the way I was dressed?
 
He could have been just a guy who had a table

between two shops or he could have even been a dealer and that gun was his personally and he was doing the FTF trade. I've bought guns from individuals at gun shows that still require some paper work. They want to document for their own records who purchased the gun... not a bad thing. A written bill of sale for a gun with both the seller and buyers address at least on the face of it shows that everything is up and up... the gun is not stolen and the person buying can legally own it.
 
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