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Administrator
 
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If you are selling or buying a firearm from a private person, the following is a suggested procedure for you to follow to protect you!
1. Record the sale with two receipts that both the seller and buyer sign. Don't make a copy, have both receipts signed by both of you so they are original. State full names of seller and buyer on the receipt, the date of the sale, the full description of the gun including serial numbers and the amount the gun was sold for.
2. Get a copy of their driver license and another ID. In order to buy a handgun, you must be at least 21 and you must be at least 18 to purchase a long gun.
3 Check their license against the Florida driver license database.
4. Take payment in a check which you will cash prior to handing over the firearm or take a credit card. Be sure to photocopy the check and keep it with your records or keep the credit card receipt if you use it. Print out the Paypal confirmation if you used Paypal.
5. Arrange to meet at a gun dealer to hand it over. (this was on what I copied and pasted... Not sure what good this would do)
If the firearm is used in a crime, law enforcement could (and probably will) come knocking on your door. Better to have too much information rather than too little. If in any doubt sell through a Federally Licensed dealer and pay them a fee.
(I copied this from another website and added some to it. The part about law enforcement may not be true because I think that FL doesn't have a database of gun sales.)
If anyone has any other meaningful suggestions to add, please do so. Do not post unless you are posting a suggestion or correction to the above information!
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Chris Couture
Pensacola Fishing Forum Administrator
SOUTHBOUND
32' Albemarle with twin 3126 350HP CATS
Member of the NRA
Supporter of Campaign For Liberty
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Sailfish
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| Not sure about Florida, but in TN you can get a criminal background check for a few bucks. If you're going to actually go to all this trouble I'd have them bring a recent (24 or 48 hrs) copy of their background. In my opinion the receipt and a copy of the driver's license would suffice for a normal investigation unless you had a relationship with the victim or suspect.
-------------------------------------Still in Knoxville,TN but working on it.  Thanks for all the info. Lets go fishing! Can't wait to meet more of you folks. Hal, you owe me a beer!  http://www.forumpictureprocessor.com/pictureprocessor/galleries/usergallery.asp?gallery=1156
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White Marlin
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| ya, I"m not really down to them knowing what I have.. But some ppl want to do it the right way.. If they ever come looking for the guns, get you some PVC Pipe rags/oil.. and barry the guns, they would'nt know where to look unless they metal detected the entire yard.. I was trying to pull up the proper gun sale sheet, but it did'nt work for me..
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Trigger
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Also you can buy a handgun from a private sale at age 18...just not from a licensed FFL
2nd amendment is what seperates us from them!
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Trigger
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I have a dumb question. How do you check their license against the Florida license database? Is there a fee for this? What if the purchaser is from Alabama? I'm sorry, I think that is 3 dumb questions. Just curious.
"If you find yourself in a fair fight, then your tactics suck."  -John Steinbeck
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Mingo
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| Just my .02...almost everybody has a digital camera. It probably wouldn't be a bad idea to take a picture of the person you sellingthe gun to and put it in a file with the rest of the paperwork you create for the sale. I know this sounds excessive but like another person said, it's better to have too much than not enough. Wally
Wally Rossow
Navarre, FL
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Sailfish
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ButlerCoOwner (12/24/2008)
I have a dumb question. How do you check their license against the Florida license database? Is there a fee for this? What if the purchaser is from Alabama? I'm sorry, I think that is 3 dumb questions. Just curious.Cant sell a firearm to a residence of another state, its a felony. In the state of Fl all you have to do is make sure they are a resident and pretty much ask them if they can leagally own a gun and your covered. There aint nothing that keeps a felon from buying a gun through a private party which makes all the law abiding gun owners look bad when the shit hits the fan with they use the gun to commit a crime.
Voting for Obama and then deciding to fight for gun rights makes about as much sense as fighting for your daughter to keep her virginity after dropping her off at a bar. NRA Member http://www.nra.org
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Grouper
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[b] 5. Arrange to meet at a gun dealer to hand it over. (this was on what I copied and pasted... Not sure what good this would do) I think that is done so that the sale can be documented on the official federal paperwork like when it was bought when new.
If the firearm is used in a crime, law enforcement could (and probably will) come knocking on your door. Better to have too much information rather than too little. If in any doubt sell through a Federally Licensed dealer and pay them a fee.
(I copied this from another website and added some to it. The part about law enforcement may not be true because I think that FL doesn't have a database of gun sales.) Yes, but the feds do, via access to the gun dealers files of the above mentioned federal paperwork.
If anyone has any other meaningful suggestions to add, please do so. Do not post unless you are posting a suggestion or correction to the above information! |
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Snapper
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They can and will come knocking if the gun is used in a crime. They called and came to see my dad a few months ago. He had a receipt with the name, driver license #, gun make, and seriel # with signatures. It satisfied the investigator and he made a copy of the reciept and brought it back to my dad. It's worth the effort to to make up a bill of sale.
WAR EAGLE! AUClass of 1999
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Ruby Red Lip
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Bill of Sale
Transfer of Ownership
For $______ received, I, (seller’s name here), have sold to (buyer's name here)
One (1) ABC Model XYZ firearm description here, Serial # _____________
Any other accessories here
I represent that this ___________ is not stolen. I am the owner of the _______ listed above. If it can be shown now or in the future that this _______ was stolen prior to the date listed below, I will give the buyer a full refund for return of the _______ and all accessories listed above.
Sold as is.
No warranty is expressed or implied by the Seller.
Seller assumes no responsibility after transfer of ownership has taken place.
Seller assumes no responsibility of any/all aftermarket parts added to the ___________.
Seller assumes no responsibility of any/all original equipment parts on the ________.
Buyer assumes all responsibility when transfer of ownership has taken place.
Seller specifically disclaims any warranties of merchantability or of fitness for a particular purpose of this ________ and disclaims all responsibility for consequential and/or incidental damages or any other losses arising from the use of said _________.
Buyer agrees to the terms and conditions set forth and listed on this document, and acknowledges that he has received a true copy of this Bill of Sale/Transfer of Ownership and certifies that he is 21 years of age or older. Buyer acknowledges and understands that he will read the Owner’s Manual. Buyer agrees that it will be his responsibility when transfer of ownership has taken place to adjust, check, and follow all instructions as outlined in the Owner’s Manual. Buyer attests that he is able to legally buy and possess firearms.
Buyer: Name Here
Seller: Name Here
Date:_________________________
Buyer: _____________________________
Address:____________________________
Phone #: ____________________________
Seller: ______________________________
Address: ____________________________
Phone #: ____________________________
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Ruby Red Lip
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SplitTine (12/27/2008)
[quote][b]
Cant sell a firearm to a residence of another state, its a felony. In the state of Fl all you have to do is make sure they are a resident and pretty much ask them if they can leagally own a gun and your covered. There aint nothing that keeps a felon from buying a gun through a private party which makes all the law abiding gun owners look bad when the shit hits the fan with they use the gun to commit a crime.
Where did you get your information? As per law enforcement in AL, it is only PISTOLS you cannot buy over state lines. FL may be different but I would be surprised if that is any different. You can buy any long gun or shot gun across state lines.
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Snapper
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smttysmth02gt (3/4/2009)
SplitTine (12/27/2008)
[quote]
Cant sell a firearm to a residence of another state, its a felony. In the state of Fl all you have to do is make sure they are a resident and pretty much ask them if they can leagally own a gun and your covered. There aint nothing that keeps a felon from buying a gun through a private party which makes all the law abiding gun owners look bad when the shit hits the fan with they use the gun to commit a crime.Where did you get your information? As per law enforcement in AL, it is only PISTOLS you cannot buy over state lines. FL may be different but I would be surprised if that is any different. You can buy any long gun or shot gun across state lines. [b]Direct from the ATF website: "Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping." http://www.atf.gov/firearms/faq/faq2.htm#b In the past, I have sold Face-To-Face to someone who was a resident of Florida. However, I would not under any circumstances sell the weapon to them w/o having a FFL run their paperwork. I insisted, even though it almost cost me the sale due to the increased cost of the transaction fee. They were not happy, but they went through with the purchase anyway. Also worth noting, I drove the gun to their dealer in Pensacola, then gave it to the dealer for the transfer as the buyer gave me the cash for the purchase. That's the ONLY legal way to sell a gun to a resident of another state in a Face-To-Face situation. The Buyer CANNOT drive to you and leave w/ the firearm - they MUST take delivery of the weapon in their own state. If they drive to you, then you must still complete the transaction at an FFL dealer so that it can be shipped legally, then that dealer must ship the weapon to a dealer in the buyer's state, where the buyer has to go complete their paperwork and take possession of the weapon. There is no legal way around it. PERIOD. It's an interstate transaction, so Federal Laws apply.
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Here's some good info from the ATF website: http://www.atf.gov/firearms/faq/faq2.htm#b (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back] A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
(B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer. There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements. Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See also Question B3.
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If you ever have any questions about a potential sale or purchase, please be very careful since a conviction on some of the charges for illegal gun sales will render you a felon and strip you of all rights to posses either a firearm or ammunition. Don't be stupid. If you can't get a straight answer from the ATF website regarding a transaction, feel free to contact an attorney (several on here) and you can also contact someone with the Attorney General office in your state for further clarification.
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-Andy- ~~~~~ _/) ~~~~~
Cape Horn 17SportsmenForTots.org
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