How to sell a gun FTF or when FFL are involved?

Discussion in 'SA-XD/XD(M) FAQ & Stickies' started by drocker, May 13, 2011.

  1. drocker

    drocker XDTalk Member

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    Just like the title states, I am really curious in what's involved either way and what is most important, does selling the gun through a FFL clear your name from the gun. I don't want it to come back and haunt me if I do sell it. Thanks. And I know I don't have a enough post to sell it on the forum so please don't bring that up. My intentions are not to sell it on here. Thanks.
     
  2. thisismyusername

    thisismyusername XDTalk 1K Member Founding Member

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    Is this FTF in the same state or different state? If a different state or if the person lives in a different state, you have to go through a FFL. If in the same state, it varies, and I would recommend you contact your local law enforcement. Some states do not require a FFL for a FTF sale, but I would recommend it just to be on the safe side. Worth any extra fees to ensure that you're not selling to someone who can't own. I found this link below with some information, but, as always, take advice from the Internet with a grain of salt.

    I'm not a lawyer, never was a lawyer, never will be a lawyer and did not stay at a Holiday Inn Express last night.

    Kansas Gun Laws - What Are the Gun Laws in Kansas?
     
  3. operator1

    operator1 XDTalk 100 Member

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    I just sold a pistol to my boss and didn't need to go through a FFL. He and I both have a CPL and apparently that makes it so we can do the paperwork just between each other and he goes and turns in the two pieces of paper to the cops and we're done. I did originally meet him at the range I go to because I thought we needed them to do the transfer because of the FFL, but they just gave me a copy of the paperwork and told me I didn't need it because we both had a CPL. I live in MI, so still check with the local LEO and be sure.
     
  4. Smoakie976

    Smoakie976 XDTalk 100 Member

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    In Florida if you are selling to another person in person all you need is bill of sale and photocopy of each persons DL.
     
  5. KNO3

    KNO3 XDTalk 20K Member Founding Member

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    Bill of sale is not required at all. It's a good idea, but not required.
    Just gotta have no reason to believe the person was ineligible to own a firearm.
     
  6. Smoakie976

    Smoakie976 XDTalk 100 Member

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    I see, I thought that it was, I guess it a good way to CYA.
     
  7. Cuda66

    Cuda66 XDTalk 10K Member

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    Check your state laws.

    Personally, when I sell a handgun privately, I have a bill of sale, and unless I know the person I am selling it to well, I want to see their DL and either their Minnesota Permit to Purchase or Permit to Carry.
     
  8. john_bud

    john_bud XDTalk 5K Member

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    There are 50 states (some think 57, but my 3rd grade teacher was adamant it was 50;)) and each state has a little twist to the laws. Always check your state's laws! You aren't the federal government so you can't flout the laws, beotch slap Blind Justice and get away with it like you were a BATFe agent!
     
  9. ArmyBound

    ArmyBound XDTalk 500 Member Founding Member

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    I'm stationed in California and recently bought a pistol from a private party. After checking the laws here, both parties have to go to an ffl with the firearm and do the standard background checks and pay a $35 transfer fee. Needless to say I can't wait to pcs. Ha
     
  10. Moses2010

    Moses2010 XDTalk 100 Member

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    In FL if you both are residents then you can sell person2person and no need for paperwork. If you feel or know that that person should not own a gun (priors, mentally inept, or under the influence of drugs including marijuana) then you've committed a big F. That person lives in another state then your neighborhood FFL (federal firearms licensee) must ship the gun to his states FFL for NICS background check. Good luck
     
  11. dglock

    dglock XDTalk 3K Member

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    You may be talking about FL state laws but that is not a fed requirement. I regularly ship firearms to out of state buyers, as long as the firearm is going to a FFL that is all that is necessary.

    don
     
  12. TuxX251

    TuxX251 XDTalk Newbie

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    A signed bill of sale is not required in the state of Florida though it is a good idea for both parties involved. Also proof of identity and address is another good idea.

    For the Seller it shows proof that the firearm was transferred to another person so if a crime is commited and the police show up at your door you have proof that you no longer own the firearm and you can provide them with the persons name and address as well as the date the firearm was sold.

    For the Buyer it will give you recourse if the firearm turns out to be stolen by the person you bought the firearm from. Also if the person selling is a felon again it only helps if the authorities start asking questions about the said firearm.

    If a Buyer/Seller refuses to have a bill of sale or show proof of identity and address then it is a big red flag and the sale should not happen after that. Some people just do not like having the paper trail but paperwork is more a benefit then a liability.
     

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