Forums > Off-Topic Discussion > Gun Private Sale

Photographer

Connor Photography

Posts: 8539

Newark, Delaware, US

Are there laws must be followed when a hand gun is being sold to other person (a friend)?

Edited:
or a friend lends his gun to his friend across the state line?  What is my responsibility of and his responsibility?

Aug 15 14 09:20 am Link

Photographer

Gabby57

Posts: 470

Ponca City, Oklahoma, US

Connor Photography wrote:
Are there laws must be followed when a hand gun is being sold to other person (a friend)?

It varies state to state, and is likely not legal unless a licensed dealer is the middle man if it is across state lines.

Aug 15 14 09:23 am Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

Gabby57 wrote:
It varies state to state, and is likely not legal unless a licensed dealer is the middle man if it is across state lines.

I agree.

Aug 15 14 09:40 am Link

Photographer

Lohkee

Posts: 14028

Maricopa, Arizona, US

I agree as well.

My advice would be to go to a gun store. They should be able to advise you. Keep in mind that State laws vary (wildly) but there are also Federal laws to contend with. They will (or should) know these things and be able to tell you how to proceed without winding up in jail.

Aug 15 14 09:46 am Link

Photographer

LeonardG Photography

Posts: 405

San Francisco, California, US

Aug 15 14 09:50 am Link

Photographer

Cherrystone

Posts: 37171

Columbus, Ohio, US

Connor Photography wrote:
Are there laws must be followed when a hand gun is being sold to other person (a friend)?

Edited:
or a friend lends his gun to his friend across the state line?  What is my responsibility of and his responsibility?

You both could get into serious trouble loaning out a handgun.

As had been said, depends on the state.

Here in Ohio, I can sell a handgun to any Tom, Dick & Harry off the street, they need no permit to purchase, however if a dealer is selling it they will insist upon a felony check.

I as a private citizen can be charged with a low grade felony if I sell a gun to someone with a felony conviction. That said, handguns around here change hands as frequently as someone changes their underwear, and few even ask for a name, let alone try to ascertain the person they're selling to does not have a felony on their record.

Aug 15 14 09:52 am Link

Photographer

Stephen Fletcher

Posts: 7501

Norman, Oklahoma, US

Connor Photography wrote:
Are there laws must be followed when a hand gun is being sold to other person (a friend)?

Edited:
or a friend lends his gun to his friend across the state line?  What is my responsibility of and his responsibility?

You could write a book about dos and don'ts.  Depends on the State and Federal Laws.

Aug 15 14 10:02 am Link

Photographer

Lohkee

Posts: 14028

Maricopa, Arizona, US

Another two cents.

http://about.usps.com/postal-bulletin/2 … dt_001.htm


This is why I advise going to a store that deals with these issues on a daily basis.

Aug 15 14 10:02 am Link

Photographer

Connor Photography

Posts: 8539

Newark, Delaware, US

After the CT killing, Maryland bans the selling AR-15 and some hand guns, but in Delaware, AR-15 and other hand guns are legal.  Just wonder if I can ask a friend to buy one of each form me.

Aug 15 14 10:06 am Link

Photographer

Kevin Fair

Posts: 2771

Palm Coast, Florida, US

Cherrystone wrote:

You both could get into serious trouble loaning out a handgun.

As had been said, depends on the state.

Here in Ohio, I can sell a handgun to any Tom, Dick & Harry off the street, they need no permit to purchase, however if a dealer is selling it they will insist upon a felony check.

I as a private citizen can be charged with a low grade felony if I sell a gun to someone with a felony conviction. That said, handguns around here change hands as frequently as someone changes their underwear, and few even ask for a name, let alone try to ascertain the person they're selling to does not have a felony on their record.

Same way here in Florida. I could buy or sell multi guns a day. Buy most of mine off this web site.  https://floridaguntrader.com/index.php

Most sellers say they want a bill of sale, but I've yet to have anyone ask me to sign anything at the time of the buy.

Aug 15 14 10:07 am Link

Photographer

Cherrystone

Posts: 37171

Columbus, Ohio, US

Connor Photography wrote:
After the CT killing, Maryland bans the selling AR-15 and some hand guns, but in Delaware, AR-15 and other hand guns are legal.  Just wonder if I can ask a friend to buy one of each form me.

From you, or FOR you?
If the later, what exactly are you doing?

Been said, check with a local licensed gun dealer.

Aug 15 14 10:08 am Link

Photographer

Lohkee

Posts: 14028

Maricopa, Arizona, US

Connor Photography wrote:
After the CT killing, Maryland bans the selling AR-15 and some hand guns, but in Delaware, AR-15 and other hand guns are legal.  Just wonder if I can ask a friend to buy one of each form me.

Again. GO TO A STORE THAT DEALS WITH THIS. Straw-buyers is akin to walking on some very thin ice on a very deep lake when you don't know how to swim.

Aug 15 14 10:09 am Link

Photographer

Stephen Fletcher

Posts: 7501

Norman, Oklahoma, US

Connor Photography wrote:
After the CT killing, Maryland bans the selling AR-15 and some hand guns, but in Delaware, AR-15 and other hand guns are legal.  Just wonder if I can ask a friend to buy one of each form me.

No.  That is a "straw man" deal under Federal Law.  Stay away from that route.

Aug 15 14 10:09 am Link

Photographer

Gabby57

Posts: 470

Ponca City, Oklahoma, US

Stephen Fletcher wrote:

No.  That is a "straw man" deal under Federal Law.  Stay away from that route.

Yep, the background check form requires swearing the purchaser is buying for him/herself.

There is an amazing amount of "infringement" out there to contend with.

Aug 15 14 10:13 am Link

Photographer

Lohkee

Posts: 14028

Maricopa, Arizona, US

Where the hell is Hoodlum when you need him?

There are legal ways to purchase what you want, on line, no less. Do it right and you're good to go. Do it wrong and, well, can I live on your boat while you're doing time?

Aug 15 14 10:17 am Link

Photographer

Christopher Hartman

Posts: 54196

Buena Park, California, US

Connor Photography wrote:
After the CT killing, Maryland bans the selling AR-15 and some hand guns, but in Delaware, AR-15 and other hand guns are legal.  Just wonder if I can ask a friend to buy one of each form me.

Lohkee wrote:
Again. GO TO A STORE THAT DEALS WITH THIS. Straw-buyers is akin to walking on some very thin ice on a very deep lake when you don't know how to swim.

It would be best for you to just go to that state and buy it yourself.  But make sure it is legal to OWN in your state.

Aug 15 14 10:56 am Link

Photographer

Stephen Fletcher

Posts: 7501

Norman, Oklahoma, US

You can come to Oklahoma and I can legally sell you a rifle, shotgun or handgun.  I am not a FFL dealer and don't have to run a background check on you under Oklahoma law.  If you are not a convicted felon or otherwise ineligible to buy under Oklahoma Law you are not breaking the law here.  BUT when you take the firearm home you may be breaking your State's law.

If you come here to buy a gun from a dealer you can't because you cannot under Federal law buy a handgun in another State and you can only buy a rifle or shotgun in a Contiguous State and only if it is legal to do so in your State.

Confusing isn't it?

Aug 15 14 11:09 am Link

Photographer

Connor Photography

Posts: 8539

Newark, Delaware, US

Stephen Fletcher wrote:
you are not breaking the law here.  BUT when you take the firearm home you may be breaking your State's law.

The Maryland gun Dealer told me that when you move to Maryland and you already have your AR-15 prior to the Sandy Hook shooting.  You will be OK.

Aug 15 14 11:57 am Link

Photographer

Gabby57

Posts: 470

Ponca City, Oklahoma, US

Connor Photography wrote:

The Maryland gun Dealer told me that when you move to Maryland and you already have your AR-15 prior to the Sandy Hook shooting.  You will be OK.

You should keep proof of when you owned the gun in the case when/if you take it to a range.

Aug 15 14 12:29 pm Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

Stephen Fletcher wrote:
You can come to Oklahoma and I can legally sell you a rifle, shotgun or handgun.  I am not a FFL dealer and don't have to run a background check on you under Oklahoma law.  If you are not a convicted felon or otherwise ineligible to buy under Oklahoma Law you are not breaking the law here.  BUT when you take the firearm home you may be breaking your State's law.

If you come here to buy a gun from a dealer you can't because you cannot under Federal law buy a handgun in another State and you can only buy a rifle or shotgun in a Contiguous State and only if it is legal to do so in your State.

Confusing isn't it?

My brother-in-law ran into that issue last Christmas.  He lives in California and wanted to give a handgun to his daughter as a gift (she lives in Texas).  So he comes to Texas for the holidays and goes to Academy to buy the gift.  They tell him they cannot sell to him because he does not have a Texas Driver License.

He ends up taking his daughter to Academy and she completes the paperwork for the purchase, he just pays for it.  I ruined the surprise, but she still got her gift.

Aug 15 14 01:41 pm Link

Photographer

Zack Zoll

Posts: 6895

Glens Falls, New York, US

Definitely do some research, and talk to AT LEAST one FFL. More is better, since there's an unfortunately high number of them that have no idea what they're doing.

I tried to buy a gun from Bud's Gun Shop a little over a year ago, when the laws in NY first started getting outlandish. And by outlandish I mean banning, unbanning, and then conditionally banning the same things in the span of a year. My local FFL told me I could legally buy the gun in NY, and Bud's told me I could not, and directed me to the applicable laws that my FFL clearly didn't know about.

A couple weeks ago I sold an Arisaka rifle to a local dealer for $50. I know he's going to get a lot more than a 50% markup out of it, but that was his offer, and the sale laws are just way too confusing for me to be sure of anything right now.

I'd sell through an FFL. In the past they only wanted $25-$35 to do the checks and the paperwork. I'm sure they'll want more now, but it's worth it to make absolutely sure you're in the clear. And if the gun is only worth $100-$200, hang on to it - many gunsmiths take trades in leiu of cash. You'll get less than it's worth, but the important thing is it goes away safely, legally, and permanently.

Aug 15 14 06:00 pm Link

Photographer

Farenell Photography

Posts: 18832

Albany, New York, US

Lohkee wrote:
I agree as well.

My advice would be to go to a gun store. They should be able to advise you. Keep in mind that State laws vary (wildly) but there are also Federal laws to contend with. They will (or should) know these things and be able to tell you how to proceed without winding up in jail.

Hell! Even laws varying from locality to locality vary wildly.

If you must find out, I'd ask a lawyer or ask local law enforcement for a clarification on your "hypothetical."

Aug 16 14 05:58 am Link