Roland Thunder
New member
I have someone that wants to buy my gun. We both live in the same state (GA). Is an FFL required if trading within the same state? What steps and paperwork are necessary to complete the transaction properly.
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Selling a gun in state
- Thread starter Roland Thunder
- Start date
In Georgia you can make the transaction with an individual without a FFL. I would draw up some type of bill of sale and have the person sign it, but then just file it way.
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http://www.georgiacarry.org/cms/georgias-carry-laws-explained/frequently-asked-questions/
Check out GeorgiaCarry.org for more information and if you’re not a member consider joining.
http://www.georgiacarry.org/cms/georgias-carry-laws-explained/frequently-asked-questions/
Yes, just a simple bill of sale with both party's signatures and the make/model/serial of the gun. Print two copies and you each sign them both and each retain a copy.
This protects the interest of both parties...
Let's say I buy your gun. Later, it gets used in a crime or self defense situation, and I learn that it was previously stolen or used in a crime. With a bill of sale, I've got documentation that I bought it from you in good faith and I've got your name to give to the cops for further questioning.
Or your sell me your gun. Later it gets stolen from me and used in a crime or maybe I use it in a crime and discard it. When it's located, there is a paper trail from the FFL you originally bought it from that leads to you. But you've got paperwork showing that you no longer had ownership of the weapon but instead sold it to me and you have a bill of sale with my name on it to give to the cops for further questioning.
This protects the interest of both parties...
Let's say I buy your gun. Later, it gets used in a crime or self defense situation, and I learn that it was previously stolen or used in a crime. With a bill of sale, I've got documentation that I bought it from you in good faith and I've got your name to give to the cops for further questioning.
Or your sell me your gun. Later it gets stolen from me and used in a crime or maybe I use it in a crime and discard it. When it's located, there is a paper trail from the FFL you originally bought it from that leads to you. But you've got paperwork showing that you no longer had ownership of the weapon but instead sold it to me and you have a bill of sale with my name on it to give to the cops for further questioning.
oneounceload
Moderator
While a BOS is a nice idea, it is not LEGALLY required and some folks like to buy FTF to avoid any aspects of the gun being "traced" to them (cue the tin foil hat music) - so that would depend on how you feel about doing the sale
Aguila Blanca
Staff
It would also depend on how the prospective buyer feels. Personally, if I wanted a paper trail I'd be buying from an FFL. I would not object to showing my carry permit to prove that I'm not a prohibited person, but if the seller starts to write down my personal data ... the sale is off.oneounceload said:While a BOS is a nice idea, it is not LEGALLY required and some folks like to buy FTF to avoid any aspects of the gun being "traced" to them (cue the tin foil hat music) - so that would depend on how you feel about doing the sale
That's just a personal quirk on my part, but I don't think I'm alone in that view.
Again, it's for the protection of both parties. If I'm selling a gun and you don't won't a bill of sale involved, then, I'm sorry, but the deal may be off. You can be certain I will ask for ID and write your name on my own bill of sale for future use if there are any questions. It's just a wise thing to do to help protect youself as a seller.
bedbugbilly
New member
First off, I'm not a lawyer nor do I know anything about GA laws. I winter in AZ and we have pretty liberal gun laws out there as you know. I asked the same question of a FFL dealer in regards to a private sale to an individual - what was required. Basically, it can be done there (from my understanding) by just a face to face sale. I asked how a person would know if he was selling to a felon or not and he stated that if that was a personal concern, go to an FFL license holder, transfer to them and in turn, it could then be transferred to the new buyer. That way there would be a paper trail on it. Of course the FFL holder would charge a nominal fee for this service.
Personally, if I was doing it, and I wanted the "personal peace of mind", I would do the B of S and also request a photostat of the purchaser's drivers license which would give his name, address and photo and I'd attach it to the B of S and file it away. That way, if there was ever a question or problem, you would be able to supply that information and a photo. Yea, yea . . . I know about privacy. Myself though, I would have no problem with doing that if I was making a private purchase like that. If I was the seller and the prospective buyer didn't want to allow that, then there would be no sale.
I know every state has their own restrictions that have to be abided by. Myself, I would have a hard time living with myself if I made a private sale to an individual that there could possibly be a question as to their background and I found out later that the weapon was used in crime or a hiomicide.
In the case of the OP, could this transaction not be completed by utilizing a FFL license holder to transfer the pistol through so there could never be a question about either the seller or the purchaser?
Personally, if I was doing it, and I wanted the "personal peace of mind", I would do the B of S and also request a photostat of the purchaser's drivers license which would give his name, address and photo and I'd attach it to the B of S and file it away. That way, if there was ever a question or problem, you would be able to supply that information and a photo. Yea, yea . . . I know about privacy. Myself though, I would have no problem with doing that if I was making a private purchase like that. If I was the seller and the prospective buyer didn't want to allow that, then there would be no sale.
I know every state has their own restrictions that have to be abided by. Myself, I would have a hard time living with myself if I made a private sale to an individual that there could possibly be a question as to their background and I found out later that the weapon was used in crime or a hiomicide.
In the case of the OP, could this transaction not be completed by utilizing a FFL license holder to transfer the pistol through so there could never be a question about either the seller or the purchaser?
In NM nothing is required other than you both be from the same state of course, and the seller make reasonable effort to make sure the buyer is not prohibited. That means- you ask. If the person lies, you still made the good-faith effort.
The one and only time I have done a private FTF deal, we met and I looked at the gun. I decided to buy it, we showed each other our DL's, I handed over the cash and we each went on our way. If the seller had asked for a copy of my DL or to have me sign or accept a BOS, the deal would have been off.
The one and only time I have done a private FTF deal, we met and I looked at the gun. I decided to buy it, we showed each other our DL's, I handed over the cash and we each went on our way. If the seller had asked for a copy of my DL or to have me sign or accept a BOS, the deal would have been off.