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A family member said what I did is illegal... gun related

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  • A family member said what I did is illegal... gun related

    So I sold two AR 15s a couple months ago using armslist classifieds and haven't really thought about it since. Today a family member was talking to a friend on the phone and asked me what I did with them; I told them I sold it. The person on the phone said I was going to prison if I didnt transfer the firearms in the other persons name. Wtf?!

    They were trying to scare me, but I'm pretty sure I didnt break any laws. People buy and sell guns all the time through classifieds; I doubt they tranfer in the buyers name most of the time either. I know it would've been a good idea, but I didn't think about it at the time.

    I'm not in a communist state either. Has anyone here bought and sold guns without transfering?
    Jackson ke3 kelly trans blue
    Jackson Dk2m bengal with emg 81/85

  • #2
    It's a face to face sale, perfectly legal.

    Let them know there's no massive firearms database as per two of my friends in the ATF.

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    • #3
      As long as you're selling privately to another individual who is a resident of your state it should be legal. You need to transfer through an FFL dealer if its going out of state. There is a form you can download online that is optional, not mandatory which I've used in face to face private sales. It's basically a form you fill out and keep as well as give a copy to the other party. It has the type of gun, serial number, the individuals involved in the sale, that sort of thing on it. It does not get turned in to anyone really and again, its optional not required. I've used it to keep a record of whom I purchased a used gun from. We show each other our Driver's Lisense so we know we're from the same state and we are who we claim to be. Takes just a few minutes to do.
      Rudy
      www.metalinc.net

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      • #4
        I wouldn't worry about it, the cops have bigger fish to fry.

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        • #5
          Originally posted by etepbbb View Post
          I wouldn't worry about it, the cops have bigger fish to fry.
          While I agree he shouldn't worry because he appears to be on the side of the angels, this is the exact sort of thing law enforcement spends time on. There are legions of individuals who had zero bad intent who get banged up with firesarm violations. A fairly recent example:


          http://www.nj.com/hunterdon-county-d..._new_jers.html

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          • #6
            In my state, it is legal to do a private face to face sale of a firearm. As long as you didn't sell to someone out of state, and as long as your state allows face to face private sale or transfer of firearms then you have nothing to worry about. The ATF really gets involved if it's an interstate or state to another state transfer without going through an FFL. Know your state law first, and then know your federal law on transfers.

            Go here, and read this. --> http://www.atf.gov/content/firearms-...censed-persons

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            • #7
              As long as you didn't register the serials with the Feds in the first place, the guns cannot be traced back to you in the event they're used in a crime, so no worries.
              I want to depart this world the same way I arrived; screaming and covered in someone else's blood

              The most human thing we can do is comfort the afflicted and afflict the comfortable.

              My Blog: http://newcenstein.com

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              • #8
                when doing F2F transfers always get a copy or take down their drivers license number, license plate number, address and regular DL information. Ive gone as far as to ask for the last 4 of a social if they are willing. This shows you had a transaction and have it all on paper IF something were to come back on that weapon.
                Haters gonna hate
                Dilluting the brand one MUTT at a time.

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                • #9
                  I've always done a straight bill of sale just to show proof I sold it.
                  I indicate make, model and serial number and name of the buyer.
                  I keep it "just in case".

                  Not required by law here in AZ, but I still do it.
                  -Rick

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                  • #10
                    I found out the person my relative was talking to is from CT; their laws are way more regulated than were I am (Utah). People sell their guns in yard sales here, so for me, selling guns face to face with someone isn't really a big deal. I did give a bill of sale on one AR 15 I sold, but the other AR 15 I sold I didn't. The guy was legit though, he owned a contracting business and was buying my AR for his son as a gift for his 21st birthday.

                    I guess in most Western states, buying and selling firearms isn't a big deal as compared to the North Eastern states... They freaked me out though, by saying I was breaking the law. I was pretty sure I didn't do anything wrong, but it's nice to here it from others on too.

                    Thanks
                    Jackson ke3 kelly trans blue
                    Jackson Dk2m bengal with emg 81/85

                    Comment


                    • #11
                      What about the whole background check crap? If the person has a criminal record that you sold to that could be trouble for you if said person does something stupid with the firearm. Mind you I am asking a question here. I am in no way an expert when it comes to this subject. Keep in mind I live in Pgh. Pa where it's illegal to fart in some places. It's a commonwealth or as I call it a "Commiewealth."
                      Last edited by leftykingv2; 10-11-2013, 08:01 PM.
                      This is what I think of Gibson since 1993. I HATE BEING LEFT HANDED! I rock out to Baby metal because Wilkinsi said I can't listen to Rick Astley anymore.

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                      • #12
                        My rule of thumb is they have to show me their drivers license. Most criminals do not have one. Someone with no drivers license does not have a sale with me.

                        Generally I only trade around with gun shops and people I personally know. Private face to face sales in West Virginia do not require a background check as long as the seller does not know or have reasonable cause to believe the buyer is prohibited from receiving or buying a firearm. Like any other responsible firearm owner, I don't want something I used to own getting used in a crime and traced back to me.

                        Yes, if you sell a gun to a criminal, and it gets used in a crime then you're more than likely going to have to answer some questions if it gets traced back to you.

                        The great majority of firearm owners are above board, and respect the laws. It's those pesky damn criminals we all have to watch out for. Plus, I don't see many criminals dropping $1,000.00 on something like my M1 Garand. They look for cheap guns that they can toss after the first use or sign of trouble.

                        I suggest you read the link I posted above also. --> http://www.atf.gov/content/firearms-...censed-persons
                        Last edited by Razor; 10-11-2013, 10:09 PM.

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                        • #13
                          Originally posted by Newc View Post
                          As long as you didn't register the serials with the Feds in the first place, the guns cannot be traced back to you in the event they're used in a crime, so no worries.
                          Register? All any LE department needs is the make and serial number. They contact the manufacturer. The manufacturer has to maintain records of whom they sold it to, distributor, dealer or private individual.

                          Until someone does a F2F private party transfer that doesn't involve a dealer or paperwork, any legally manufactured firearm, except one manufactured specifically for personal use, the trail will still be alive.

                          As for private party paperless transfer of long guns or curio and relics, that varies from state to state. As far as I can see the OP never stated where they lived.

                          edit:
                          Originally posted by Maiden89 View Post
                          I found out the person my relative was talking to is from CT; their laws are way more regulated than were I am (Utah). People sell their guns in yard sales here, so for me, selling guns face to face with someone isn't really a big deal. I did give a bill of sale on one AR 15 I sold, but the other AR 15 I sold I didn't. The guy was legit though, he owned a contracting business and was buying my AR for his son as a gift for his 21st birthday.

                          I guess in most Western states, buying and selling firearms isn't a big deal as compared to the North Eastern states... They freaked me out though, by saying I was breaking the law. I was pretty sure I didn't do anything wrong, but it's nice to here it from others on too.

                          Thanks
                          Yeah, you're in UT. You're in one of the least restrictive states there is. Nothing to be worried about, at all.
                          Last edited by xenophobe; 10-12-2013, 01:59 AM.
                          The 2nd Amendment: America's Original Homeland Defense.

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                          • #14
                            Whatcha ya gotta do is shoot people in back of the head. So their face is all silly lookin'.

                            That's what I always say.
                            "Bill, Smoke a Bowl and Crank Van Halen I, Life is better when I do that"
                            Donnie Swanstrom 01/25/06..miss ya!

                            "Well, your friend would have Bell's Palsy, which is a facial paralysis, not "Balls Pelsy" like we're joking about here." Toejam's attempt at sensitivity.

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                            • #15
                              Interesting, why does the US Gov't require registration and a waiting period and then allow a healthy and almost completely unregulated used market? As an outsider the laws do not seem to make sense?

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