Question 'bout Auctions

R

Rockrz

New member
If you buy from an individual (a guy who is just a regular guy, not a gun dealer) is it a simple cash transaction between two private citizen?

OR, do you have to report the sale to the ATF or some other government agency?

Just curious what the deal is when you buy from a private individual.
 
Should I hire a gun friendly lawyer to research whether I can legally buy from a private citizen in my own state just so I can be sure I'm not violating any state or federal laws?
 
Just make sure the transaction goes thru a FFL. thats how the gun is registered and tracked.
sale can be private citizen to private citizen as long as FFL is the middleman.
 
Depends on State, Idaho it is between the two people, on a private sale no need to tell anyone, and by God thats the way it should be! Some will ask for a bill of sale, so if the firearm you bought shows up at a crime scene they can show they sold it...
 
So, any sale among private citizens is illegal without an FFL, right?

That doesn't sound right, but then again I know the government likes to be intrusive.

There was no FFL when the elderly family member passed away and left me 2 guns. Does this now mean I have illegal guns?
 
So, any sale among private citizens is illegal without an FFL, right?
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WRONG! Person-to-person sales are legal except in a very few states and municipalities.

Does this now mean I have illegal guns?
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NO! Unless you live in an area where person-to-person transfers aren't legal, you are underage or otherwise prohibited from owning guns, they are perfectly legal. If you are underage, just have an older relative take possession of them until you come of age.

Calm down. It's perfectly legal to inherit or receive a gun as a gift in virtually every state that I can think of. There might be a little paperwork required in the worst states (HI and CA come to mind)

Contrary to popular belief, guns are not tracked or registered except in a few Draconian states. The NICS and 4473 form are not really registration (though they could be used as such in the future, but that's a different story).

Call a local gun shop and ask if person-to-person gun sales are legal in your state. If they are, all the seller should ever need is a bill-of-sale showing when they sold the gun and to whom. If your state requires some form of gun purchaser ID card, or permission slip from the government, make sure they have it. If you really feel the need to CYA, make a photocopy of the buyer's DL or CWP.

I buy guns from individuals all the time and I've even sold a few that way. It's perfectly legal where I live and I've never had a problem. BTW - When a gun shows up at a crime scene or otherwise falls into the hands of law enforcement, they usually wash it through a computer database to see if it has been reported stolen. If they really need to trace it, they call the manufacturer or importer with the serial number. The factory or importer can look up what FFL dealer the gun was shipped to. LE then calls the gunshop and they can look up the original purchaser in their logbook. LE can then attempt to contact the original buyer and inquire about the disposition of the gun. If the original buyer says, "Gee officer, I sold that gun to a guy at a gun show three years ago!" there isn't much LE can say or do about it.

When I worked in a gun store, people would come in once a week and ask to get a gun transferred into someone else's name (usually a relative). Many times they would get indignant when we said that it wasn't really necessary or required. Sometimes we had them fill out a new 4473 form then keep it for the seller's records.

If you tell us what state and municipality you're in, someone here will probably be able to quote chapter and verse from your local statutes.
 
Yes, you really need to look up your state laws, as this varies from state to state. However, like the above poster said, it is perfectly fine to do a transaction for long guns from one private citizen to another if you both live in the same state. Handguns, regardless of where you are, must go through an FFL.

When purchased out of your state, like if you bought it off of an auction site from an out of state dealer/private citizen, it also must be transferred through an FFL regardless of type of firearm.

In my state (PA), the only non FFL transferred handguns allowed are from father to son, spouse to spouse, and grandparent to grandchild, and the vice versa of them IIRC.

NFA items are another animal, they can only be transferred through a Class III dealer and you have to fill out a Form 4 and pay a $200 tax stamp and have it clear prior to being able to pick it up, IIRC.
 
In most states it is cash and carry between citizens in the same state and no paperwork required. There are usually stipulations of age though IIRC in some states. I have purchased many cash and carry weapons from this local classifieds for instance. Interstates must be done through FFL though.

http://www.ksl.com/?nid=231&cat=377

I would never sell to anyone that was under 21 though.
 
Just call a gunshop as suggested then call your local police department. Those two sources should give you a better idea.

Plus if you told us which State you live in we might be able to help you more for Godsakes.
 
i think that if you inherit any firearm that is not classified under II or III then its unneccesary to involve an FFL holder....i think. check up on that.

if what you inherit can be classified as a II or III then you must notify the BATF in order for them to keep track of the weapon(s) but i am not sure if there is a fee required (i don't believe there is in the case of an inheritance) but....check up on that.

if you are making a buy from a private seller involving a class II or III weapon then all the rules apply as far as going through an FFL holder and getting the transfer fee ($5.00??) or the $200.00 stamp tax....but check up on that.

anybody....please enlighten me if i am incorrect....please, no joke.
 
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OK, thanks for all the info. I'm in Texas, so I'll call a few local gun shops and ask.

I emailed one local gun shop to inquire and I think the guy thought I was working for the cops cause he refused to answer any questions.

So, I may have to call or physically go to a gun shop to ask.
 
Texas is a no-paperwork state between in-state residents (I'm talking face-to-face deals). Transactions involving shipping get into another arena however.
 
Federal Law requires that the firearm transaction go through an FFL IF the sales is not in the same or contiguous States (States whose borders touch each other). The rub is that we are talking long guns only. Handguns must be done through an FFL IF it is an out of State sale.

That's the Federal Law.

State Laws however, vary.

Many States allow person to person transfers (long guns and handguns) within the same State. Many, but not all. Most States allow long guns to be bought from a contiguous State, but only through an FFL, not person to person.

It is up to you to know the Law not only as the Feds require it, but also your State Firearms Law, and in some case, your local laws as well.

There is no "one size fits all" law, when it comes to firearms.
 
It is up to you to know the Law not only as the Feds require it, but also your State Firearms Law, and in some case, your local laws as well.
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I guess I'm going to have to hire a lawyer to research whether I can legally buy from a private citizen in my own state (Texas) just so I can be sure I'm not violating any state laws.

I can imagine that this is gonna be expensive before I even get to purchase anything!
 
I guess I'm going to have to hire a lawyer to research whether I can legally buy from a private citizen in my own state (Texas) just so I can be sure I'm not violating any state laws.

I can imagine that this is gonna be expensive before I even get to purchase anything!
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Either you aren't reading the responses above or you're just stubborn. Several people have given no-cost ways to find out for sure and one gave specific information about TX. I understand that following legal advice obtained over the internet is risky at best but several posters above have given you correct information. You seem determined that this has to be difficult and expensive. It's not.

In SC, FTF sales are perfectly legal for ALL non-NFA guns. No FFL is required. I can also buy or sell long guns FTF with residents of bordering states without involving a FFL.
 
I've purchased a couple of long guns and a pistol FTF, and sold one of each that way, both to the same person.

Only the purchase of the pistol went through an FFL, from an otherwise unknown seller. I insisted that it go through my FFL, as I wanted that check to make sure it hadn't been previously reported as a stolen firearm. I paid the additional FFL fee gladly.

The sale and the other purchases were all FTF, with just a bill of sale each time, for personal tracking purposes. A copy to both buyer and seller.
 
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