Selling handguns to an individual

[Roland Thunder]

I am about to sell one of my handguns to someone that responded to my advertisement. If the persons says they are a legal resident of the state I live in (GA) but has no ID of my state (maybe they have an ID for another state and haven't got it changed over) should I refuse to sell it to them.

Is there any liability for me if they are not a resident. What is the best way to complete the transaction if no GA picture ID avaiable without breaking the law.

As it turns out, I ended up selling the gun to someone else that showed up first with the money and he had a valid ID. So it became a non issue.

 

[Don P]

That said, if I sell a gun in a private transaction and the buyer uses it in a crime, it will still be traced to me. In that case, it would behoove me to have some sort of documentation that I took precautions before selling it

Spot on statement. I sold a handgun to an individual at a local gun show. Buyer had a drivers license, conceal carry permit from our state. Photo and address on both matched. had a bill of sale with all the info on it we both signed each others copy. Month and a half later sheriff is at my door inquiring about a Beretta that I own (gun sold Beretta). Good thing I had a bill of sale. Gun was used in a armed robbery in NJ. Sheriff called NJ detective from my kitchen giving all the info from the bill of sale. Buyer denied making the purchase had to fax a copy of bill of sale to NJ they in turn get ATF involved.
They found me (4473 paper trail) NJ calls mfg, mfg gives distributors name, who gives dealers name, who produces my 4473 as last know owner.

 

[Dashunde]

The reason some people fear the "paper trail" is because they believe the US government (or state or local governments) will ultimately require gun registration as a prelude to gun bans. There is precedent for this in England, Germany Australia and other countries. No paper trail means that there is a better likelihood that the purchaser, in the future, would be able to illegally keep his gun(s) in the event of such a gun ban.

The paper trail created by a 4473 FFL/retail purchase is distinctly different from the swapping of ID's and bill-of-sale written up during a private sale.
The private sale documents are to be kept private, only to be shown to authorities if you need to prove your self free and clear of someone elses misdeed.

See Don's post above, its a great example of the benefits of documenting a private sale.
It's also a great example of a 4473 bringing the law to an innocent man's door and effectively requiring him to prove as much.

 

[Gunplummer]

The biggest paper trail is the NRA. How many of you are members? I don't worry about that end of it.

 

[coolbreezy]

the grand majority of people here in CT who sell firearms privately require you to have a valid pistol permit before they sell a handgun or in some cases a long arm to you. The state laws here full of grey areas especially open carry. Now they require an ammo certificate to purchase ammo (unless you have a ccl, which supercedes all that hassle).

 

[22-rimfire]

With the knowledge that they either don't have or refuse to provide GA id, I would not sell the gun unless they come up with a valid GA drivers license. I understand the pressure when you want to sell something, but guns are a little different even though they shouldn't be. Or, I would simply insist that the gun transfer be handled at the local FFL dealer with all paperwork completed.

Had the whole deal been made without the knowledge, then I would probably feel okay about the transfer/sale. However, at my age, I really prefer seeing some sort of ID with a gun transaction.

If I had to guess, they are probably GA residents or are technically a GA resident but have not gotten a drivers license, and simply don't want any record of them buying the firearm. There are many people like that and you see it on the forums all the time...... ask for ID, forget the sale..... My feeling is that I don't need the sale bad enough to take chances. I would rather landfill the gun. That of course is a bit ridiculous as you can just find another buyer but may end of selling the gun for less.

If I were selling one of my guns locally and advertising, I would simply make the ID a condition of the sale. IF people have a problem with that, then they won't contact you to purchase.

 

[Aguila Blanca]

the grand majority of people here in CT who sell firearms privately require you to have a valid pistol permit before they sell a handgun or in some cases a long arm to you.

That's because CT requires a transfer authorization from the State Police before any firearm can be bought/sold. There are so-called certificates of eligibility that allow purchase but not carry, but pretty much nobody ever bothers with those. So the other avenue to getting the State Police to approve the transaction is if the buyer has a pistol permit.

CT also has its own form that asks all the same questions that are on the 4473 (DPS-67-C http://www.ct.gov/despp/lib/despp/slfu/firearms/dps-67-c.pdf ), and then they have a four-part form that includes complete personal information (except social security number) and signatures for both buyer and seller. One copy stays with the seller, one goes to the buyer, the third goes to the State Police, and the fourth goes to the police department in the buyer's city of residence. (DPS-3-C http://www.ct.gov/despp/lib/despp/slfu/firearms/dps-3-c.pdf ).

Since the post-Sandy Hook law making bloodbath, Connecticut requires either a pistol permit or a "certificate of eligibility to purchase ammunition" just to buy ammo -- even .22 rimfire ammo.

Almost forgot -- the seller has to call the State Police before any sale and get a transaction authorization number. I grew up in Connecticut. Close to 20 years ago I guy I knew there sold a handgun. He got the required transaction authorization number, but he forget to send in the DPS-3-C form. He told me that months later the State Police came knocking on his door. He had to track down the buyer and get the form filled out and signed after the fact. He was lucky that (a) he found the buyer, and (b) the buyer was a good guy and didn't jam him up by refusing to sign the form.