Questions about selling a Shotgun

[pmfinnegan2]

Getting ready to sell a shotgun to another individual. I was wondering if there are any specific laws I need to follow, or anything specific I need to do? I am planning on getting the individuals name, address, phone, and driver's licence number. Make sure they are at least 18. Also, the individual is from Ohio and i am from Michigan, but we are meeting face to face. Anything else I am legally required to do? Thanks for your help.

[esq_stu]

Person to person transfers may only be done between residents of the same state. You can send the shotgun to an Ohio FFL licensee and the buyer can pick it up from the dealer for a fee. Licensees are listed by state on some gun auction websites. Many will do it for a fairly small fee.

[pmfinnegan2]

Even if we are meeting Face to Face?

[Cherokee]

Even if we are meeting Face to Face?

esq is correct. This is from the ATF web site:

B. UNLICENSED PERSONS


(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.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]



(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]



(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.



GCA = Gun Control Act

[Cherokee]

And why are you getting all his personal info? As long as you know he's 18yo, thats all you need to know. If I was buying from you, I obviously look over 18. Thats all the info you'd get from me, or you wouldnt be making a sale. I dont give my personal info to just anyone.

[45 acp]

And why are you getting all his personal info? As long as you know he's 18yo, thats all you need to know. If I was buying from you, I obviously look over 18. Thats all the info you'd get from me, or you wouldnt be making a sale. I dont give my personal info to just anyone.


Well lets say I buy a new shotgun and I fill out the Fed. form at the dealer when I buy it, that gun can be tracked to me. Now lets say I sell it to you 3 years later then when the gun turns up next to a body two years later and it is obvious that it is the murder weapon. The cops are going to track the gun to me and ask me where my shotgun is that I bought at xyz firearms inc. in July of 1995. Now I am going to say I sold it to Mr Cherokee in July of 1998 and here is is his Name address & and drivers license number. Then the cops will say thanks and come and see you.

If I say I sold it to some guy in July of 1998 then they say what guy and I say I dont know just some guy that answered my ad on the gun boards.

I am now a number 1 suspect in a murder investigation.

So if you want to buy a gun from me I get your info. or no sale

[pmfinnegan2]

Now I am really confused. I just called the local gun store and spoke to the person who does the FFL transfers. He told me "for sure, 100% that you DO NOT have to go through an FFL if transfering a longarm (shotgun) from individual to individual even if they are from out of state."

[enfield]

Who ya gonna believe - the BATFE or 'this really knowledgeable guy' at the local gun shop?

[Done Deal]

What about a black powder muzzleloading shotgun?

[Cherokee]

Then I guess I wont be buying a long gun from you, ever. If I thought like you, then I would need the full info from the seller also. Who knows what you/he did with the long arm before selling it to me. I guess I just dont worry about such.

Besides, dont the FFL's toss the buyer records out after a certain date?

Well lets say I buy a new shotgun and I fill out the Fed. form at the dealer when I buy it, that gun can be tracked to me. Now lets say I sell it to you 3 years later then when the gun turns up next to a body two years later and it is obvious that it is the murder weapon. The cops are going to track the gun to me and ask me where my shotgun is that I bought at xyz firearms inc. in July of 1995. Now I am going to say I sold it to Mr Cherokee in July of 1998 and here is is his Name address & and drivers license number. Then the cops will say thanks and come and see you.

If I say I sold it to some guy in July of 1998 then they say what guy and I say I dont know just some guy that answered my ad on the gun boards.

I am now a number 1 suspect in a murder investigation.

So if you want to buy a gun from me I get your info. or no sale

[Cherokee]

Now I am really confused. I just called the local gun store and spoke to the person who does the FFL transfers. He told me "for sure, 100% that you DO NOT have to go through an FFL if transfering a longarm (shotgun) from individual to individual even if they are from out of state."

pmfinn...
The above quote I gave, was taken directly from the ATF web site. Thats taken from the Federal Firearms law. Use it as you wish.

[karcent]

Then I guess I wont be buying a long gun from you, ever. If I thought like you, then I would need the full info from the seller also. Who knows what you/he did with the long arm before selling it to me. I guess I just dont worry about such.

Besides, dont the FFL's toss the buyer records out after a certain date?

No, we don't toss them out. They are kept as long as we are in business and when we close our business they are sent to a warehouse in Virginia.

I would also recommend getting all of the info from a buyers drivers license and if they refuse to give it to you, you may want to reconsider the deal.

If someone comes looking for that gun, you would do well to be able to tell them where it went.

I would go so far as to have the buyer sign a receipt proclaiming that he/she is not prevented from legally owning a firearm.

[pmfinnegan2]

Thank you everyone for your time and input. I ended up finding someone in Michigan to purchase it. So I do not need to to worry about it crossing state lines.

[ShootinFool]

I think the best thing is to only buy guns that you want to keep forever. Sure, that can be hard to do, but if you have doubts about selling the gun, just keep it.