Private party sale of pistol
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SpringGunTunes
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Check with your local Sheriff.
N4KVE
Member
I too live in Florida. As far as the law is concerned, you don't have to do anything, except hand over the gun, & accept the money. However, for your protection, you write up 2 copies of a bill of sale listing the date, the gun ser#, & driver's licence # of the buyer & seller, & each of you keeps a copy. GARY
The Fed
Member
You are not allowed to transfer a gun to anyone not allowed by law to have a gun. Are you positive your friend has never been convicted of a disqualifying offense? If so, then technically you can merely give them the gun. As was said it would be advisable to have proof you transferred it to them. It would be even better if you did it formally at a gun dealer. That way a background check will be done. If they do not have a carry permit they will need to wait at least 3 days before picking it up at the gun shop. A few counties make you wait longer, like 5 or 7 days. The reason I say do it at a gun shop is that if HE sells it to someone else in the future and it's used in a crime there's a formal record at the gun shop showing it's not your gun. Because as you might already know the trace goes to the first owner. If you bought it new then the police come a'knockin' on your door.
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hobby-gunsmith
US Veteran
private sale in Florida
In Florida there are ordinarily no restrictions regarding the purchase or sale of a firearm to a private individual so long as neither the seller, or the purchaser are "prohibited persons". No bill of sale is required, although that is sometimes a good idea for both individuals - and could be as simple as a signed handwritten document describing the make, model, serial number, name of purchaser, name of seller, and date of sale. Again - not necessary - just sometimes a good idea. Purchaser must be a least 18 years of age, and you should make sure the purchaser lives in the State of Florida by checking a driver's license or other official photo i/d. Likewise the seller should be at least 18 years of age, or the sale could be declared invalid. You have no responsibility as a seller to ask the purchaser if he or she is a "prohibited person" or if he or she has a felony convictions, etc. - however, if the purchaser tells you they do, and you still sell it - you've committed a federal felony.
Nick
In Florida there are ordinarily no restrictions regarding the purchase or sale of a firearm to a private individual so long as neither the seller, or the purchaser are "prohibited persons". No bill of sale is required, although that is sometimes a good idea for both individuals - and could be as simple as a signed handwritten document describing the make, model, serial number, name of purchaser, name of seller, and date of sale. Again - not necessary - just sometimes a good idea. Purchaser must be a least 18 years of age, and you should make sure the purchaser lives in the State of Florida by checking a driver's license or other official photo i/d. Likewise the seller should be at least 18 years of age, or the sale could be declared invalid. You have no responsibility as a seller to ask the purchaser if he or she is a "prohibited person" or if he or she has a felony convictions, etc. - however, if the purchaser tells you they do, and you still sell it - you've committed a federal felony.
Nick
Bohica793
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Did that firearm purchase form you filled out at the merchant have your name, address, gun model and serial number on it? Is the merchant not required by law to maintain those records forever? If the merchant closes their doors, they are required to turn over all of those records to ATF.
I recently watched "Red Dawn" again (I was bored...) and the one scene that stuck with me was where one of the Cuban commander's first orders was to go to the local sporting goods stores and pull all of the firearm sales records to confiscate the weapons.
But there is no gun registration.
Cpo1944
Member
I found an excellent gun bill of sale on line. It has all of the important questions you need answered to make a private sale and cover your self.
I suggest you google it and you will find several ,choose the one you like print up some copies and get the buyer to complete a copy and your all set.
Good luck
PS carefully check to make sure the data is correct and also look at his credentials , don`t just take his word.
I suggest you google it and you will find several ,choose the one you like print up some copies and get the buyer to complete a copy and your all set.
Good luck
PS carefully check to make sure the data is correct and also look at his credentials , don`t just take his word.
N4KVE
Member
Going to a gunstore to do a transfer will probably cost $50, although some small "at home" dealers charge less. Having a bill of sale will protect the buyer, or seller should it be determined the gun was involved in illegal activity before, or after the sale. The police will ask the mfr who the new gun was sold to. They will go to that store & look at the 4473 to see who the 1st retail buyer was. They will find him, & if he says he sold the gun, he should have a bill of sale for the cops to follow. While it's not law to have the bill of sale, it will instantly get the cops off your case, & go on to the next guy. So you don't want the trail to end at you. GARY
Sounds right to me. Thanks to everyone for the responses!
dullh
Member
I wouldn't ask these kind of questions on an internet forum - the advise is worth *exactly* what you're paying for it. I would consult the local Sheriff, as mentioned above, or the state DOJ website. Covering your *** is of utmost importance here; that way if your gun ends up at a crime scene you can produce paperwork you had the buyer give you as a result of a legal inquiry...
2tango2
US Veteran
Even though it is not required in NH, if I did a private sale I would still do a transfer through a dealer. Worth peace of mind knowing that if anything happens down the line with that weapon it will be clear from my record at least on the form. This came from the advice of a LGS. He said he didn't even care if I did it at his store, just do it anywhere
Hodgin
US Veteran
I'm not a lawyer but as I understand the law in TN it is illegal to knowingly sell a gun to a felon. I assume the same would apply to the other disqualifying criteria. What I don't know is the extend I would have to go to in meeting the "knowingly" part. Don't know about Florida law is the same.
I would definitely get some sort of bill of sale in writing regardless whether the state required it. I don't want someone to trace a serial number back to me if a gun I sell is used in a crime later on. I recently traded a 38 special and keep a copy of the transfer to my LGS.
I'd want a bill of sale as well if I were the buyer. I'd want a record of the exact gun, date of the transfer, and name of the previous owner. Who knows, the gun could have been stolen somewhere along the line.
I would definitely get some sort of bill of sale in writing regardless whether the state required it. I don't want someone to trace a serial number back to me if a gun I sell is used in a crime later on. I recently traded a 38 special and keep a copy of the transfer to my LGS.
I'd want a bill of sale as well if I were the buyer. I'd want a record of the exact gun, date of the transfer, and name of the previous owner. Who knows, the gun could have been stolen somewhere along the line.
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