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What are my responsibilities as a seller?

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What are my responsibilities as a seller?

Old 03-13-2014, 05:13 PM
  #1  
Nontypical Buck
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Default 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
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Old 03-13-2014, 06:25 PM
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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.
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Old 03-13-2014, 08:17 PM
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Giant Nontypical
 
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I agree with Nomercy. You get the cash, they get the gun and it's done!
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Old 03-14-2014, 07:27 AM
  #4  
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Normally I would just create a bill of sale with the serial number and buyer signature...
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.
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Old 03-14-2014, 08:14 AM
  #5  
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Sooooo...whatcha interested in selling?
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Old 03-15-2014, 09:36 AM
  #6  
Nontypical Buck
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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
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Old 03-15-2014, 11:18 AM
  #7  
Nontypical Buck
 
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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
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Old 03-15-2014, 12:38 PM
  #8  
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Originally Posted by Nomercy448 View Post
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.
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...
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Old 03-15-2014, 03:05 PM
  #9  
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Originally Posted by emtrescue6 View Post
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.
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Old 03-24-2014, 03:42 PM
  #10  
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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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