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!

The above two replies are correct you really do not need to do anything. However...when I sold a .22mag I did write out a bill of sale. No drivers license but I did date it, both of our signatures, we each got a copy...mostly as a CYA for both of us.

Sooooo...whatcha interested in selling? :)

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

It depends on which state you live in, a few states now require FFL transfers for private sales now days. I am not sure what state he is in, but it's worth noting. Plus,l remember FTF (face to face sales) are illegal if yer not residents of the same state. Just sayin...

It's a bit of a loophole, but the way it works out is that you are able to sell it, but the purchaser is only allowed to buy longguns, private sale or via FFL, from states which their residency state allows. For all states I'm aware of, that's their own state, and those contiguous to it. For handguns, it's illegal in all states that I'm aware of to purchase handguns out of state without transferring to an FFL within your own state, which inevitably means you must have it shipped from a local FFL in the seller state.

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.

This is not true. It's a common misconception based on the simple fact that people don't get caught driving across state lines to make private firearms purchases, but it's NOT the same thing as crossing state lines to buy "a shovel or refrigerator."

Whether buying from an FFL or from a private seller, gunbuyers are only allowed to buy within the states which their state of residence allows without filing transfers through FFLs. Most typically this means contiguous states for long guns (bordering your state of residency) and ONLY within your state for handguns. If you're buying a handgun, LEGALLY it has to get shipped from an FFL to an FFL to cross state lines. If you're buying a rifle from two states over, same deal.

Again, that's technically all a BUYER's restriction, and sellers are obligated to validate nor verify (although it's wise to do so).