Private Sale in Florida

Z

Zeebrahed

New member
I do not know where to look to get this information officially, so I will ask the board. If anybody can point me in the right direction, please help me.

If I am selling a handgun to a private party in FL, need they be 18 or 21 years old? How about a rifle?

As an offshoot, I never as a rule sell any of my guns, but family obligations require me to liquidate some of my rifles and pistols. What is the absolute best way to cover my butt on this sale? I am nervous of getting rid of a gun that might be used in a crime. Maybe I am just too paranoid.

Any ideas??
 
What do you mean used in a crime? Did you buy a hot gun or are you afraid the buyer will be a criminal?
If have something nice list it in the for sale section and ask for Florida buyers.
 
I am sorry if I was vague, let me clarify.

The particular firearms were purchased by me, new, from an FFL. I wish to sell them to a private buyer in Florida, my state of residence. I just want to make sure that I can legally prove that the firearms are no longer in my possession in case somewhere down the line they just might be used in a crime. I believe in CYAWP and especially so with firearms.

How do you folks handle this?

Thanks
 
Zeebrahead, I BELIEVE (I am not sure) that they have to be 18 for a handgun or longgun from a private party.
Now, as to the second question, whenever I sell a gun that is on paper to me to a private party, I insist on getting a written and signed receipt with the person's name and driver's license number and the gun's type and serial number, and I keep it on file.
 
Don't know about ages, but as for the sale itself, concur w/ RikWriter. (This is also what my dealer recommended to me, should the need arise.)

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"...and he that hath no sword, let him sell his garment, and buy one."
Luke 22:36
"An armed society is a polite society."
Robert Heinlein
"Power corrupts. Absolute power - is kinda cool!"
Fred Reed
 
I shall solve the problem. List what you got and I might buy something from ya. Especially a .45 acp of some kind. I think Rik is right on this one.
 
BTW Zeebrahead, a good way to get away from these worries is to sell your guns via online ad boards to people out of state. That way, the person to whom you are selling HAS to get the gun from a licensed FFL dealer who will run them through the background check.
The way this works is, you advertise the gun for sale on the ad boards. The person who wants to buy it sends you a money order and a signed copy of the FFL of the dealer they are going to use to receive shipment of the gun.
Then, you ship the gun to that dealer (you have to use UPS or FedEx for a handgun, but you can use the regular mail for a long gun)and that dealer does the 4473 and NICS check on the buyer.
FWIW
 
Z, there is no legal requirement for any kind of paper record of a private transfer. Your having a slip of paper with the buyers name or other data and the serial number of the firearm sold may or may not prove anything in a legal proceeding, but I can see where it might make you feel better. If someone else uses the gun in a crime, it's not your slip of paper that will get you off the hook, it's the criminal investigation which will show that you are not the criminal. The real problem in a private transfer goes to the buyer. Suppose you sell him the item and then two weeks later report it stolen to collect the insurance. Now the buyer is screwed if he can't prove he bought it from you instead of stealing it. So the slip of paper mentioned above is actually more useful to him than you. In private transfers, I generally write up an informal bill of sale stating who is buying, who is selling and what is being sold with a date. That seems to be adequate for all of these concerns. If you're really paranoid about it though, you can just go to an FFL and ask them to let you transfer the firearm through them and pay them the $25 or so fee. Good luck.
 
Back to the Greenbook...

18 U.S.C.922(x) & 922(b)(1)GCA ...it is unlawful for juveniles (anyone under the age of 18) to posses HANDGUNS. Exceptions are provided for purposes of employment, ranching, farming, target practice or hunting.
The vagaries of private sales of guns between unlicensed (non-FFL bearing) individuals is regulated, I belive, by individual state statute. Can someone shed some light on this? The Chief Law Enforcement Officer of your state could answer (or is supposed to be able to answer) these types of questions. Anybody here want to call 'em up & ask anything about buying or selling one of your guns?? I feel that's like drawing too much attention to myself. Even posting on a forum like this would allow for data mining of who in your comunnity has/likes/knows about guns. "Hell no, I'm not paranoid!", he says, backing toward the wall.
 
Just to add to the issues, you can sell to another Florida resident without meeting them face to face. It is legal to ship it (postal rules apply) directly to a citizen of Florida without using an FFL. But getting id/info is still a good idea.

So what's for sale? Maybe someone here can help you ? Also, check out http://www.geocities.com/noffl/

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galt
Speak Out on the Net http://www.netcitizen.org
 
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