What are my responsibilities as a seller?
Greetings
It's been a while since I sold a gun to someone, but i have a handful now that I need to thin from the herd. If I sell one in the local penny saver to some random individual, what's my responsibility?? Normally I would just create a bill of sale with the serial number and buyer signature and get a copy of the buyers driver license. I'm in WV. I'm talking about long guns too. Thanks |
What you described is above and beyond what you're required to do - which is next to nothing. Private sellers aren't obligated to do any form of background checks, produce bills of sale, residency checks, etc. Basically you're required to hand them the firearm and take their money.
It's on the buyer to be legally capable of buying it. |
I agree with Nomercy. You get the cash, they get the gun and it's done!
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Normally I would just create a bill of sale with the serial number and buyer signature... |
Sooooo...whatcha interested in selling? :)
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thanks guys
lol...jeepkid I got 4 guns I'm thinkin about -Remington 700 mtn rifle in 270...the old style...regular walnut stock...not laminated -savage model 11 (i think).....laminated thumbhole stock in 308 -NEF handi-rifle in 22 hornet -marlin/glenfield 60.....22lr Pm me and i tell ya who to write the check out to....lol I've bought several guns on gunbroker and may list them there, although I've never sold a gun thru them yet. As said above will also list them in the local penny pincher. I'm in the tax business though and havent had time yet to do anything yet..... thanks again all |
I would record the serial number, and name addy of the buyer just in case the gun is used in a crime or gets stolen in the future. that way you can point investigators in the right direction.
RR |
Originally Posted by Nomercy448
(Post 4128634)
What you described is above and beyond what you're required to do - which is next to nothing. Private sellers aren't obligated to do any form of background checks, produce bills of sale, residency checks, etc. Basically you're required to hand them the firearm and take their money.
It's on the buyer to be legally capable of buying it. |
Originally Posted by emtrescue6
(Post 4128965)
Plus,l remember FTF (face to face sales) are illegal if yer not residents of the same state. Just sayin...
So technically there are no stipulations to whom a person can sell a firearm. For instance, the seller is not obligated to confirm state of residency, or criminal background, etc. However, the liability is steep on the buyer - Buyers have many stipulations controlling their ability to purchase firearms. So if a felon crosses state lines to buy a pistol, the seller (in states that don't require 4473's for private transfers) isn't burdened to cease the sale under the law, but the purchasers are twice prohibited from buying it. Of course, if your state does require 4473's be processed through an FFL for private party to party sales, then you have that liability. That's literally the ONLY control I have ever heard of for a seller - i.e. that law would state something along the lines that the seller of a firearm must conduct the transfer via a legal FFL holder. At which point, all other liabilities for sale are transfered to the FFL holder and the buying party. |
One thing to remember is that if you ship a gun it must go to a FFL dealer. You cannot ship a gun directly to anyone but yourself. Face-to-face sales are a good thing for private individuals. Essentially the same as selling a shovel or a refrigerator.
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