Privately Selling A Handgun


K

KCD1974

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From anyone that's done it, I live in MN (if that matters), do I need to fill out any paperwork or can I just put an ad in the paper and sell it to anyone interested?

I do believe there is a "transfer" paperwork sheet from the local PD I can get but I don't know if I have to use it.

Thank you....
 

Private Sale

I sold a pistol some time back but before listing it in the paper, I called the Sheriff's office and asked about the legality of selling it that way. I was told that there would be no problem doing so. The only caution I received was about selling it to someone that I personally knew to be a felon and not authorized to have a gun. No other requirement.:smile:
 
KCD1974 said:
From anyone that's done it, I live in MN (if that matters), do I need to fill out any paperwork or can I just put an ad in the paper and sell it to anyone interested?

I do believe there is a "transfer" paperwork sheet from the local PD I can get but I don't know if I have to use it.

Thank you....
Click to expand...

You could try calling your local PD or sherriff's office, but i have done this before and your chances of getting a correct answer are slim, you may be better off trying to ask someone at a local gun range, I do not know about Mn, but a lot of states have really no reg to speak of concerning private gun sales
 
I live in Nevada and just sold a Walther 9mm to the manager of the local Jeep dealership. The gun was registered (required in Clark County, Nv) to me...obviously. We typed up a bill of sale and I signed it.

He took it to the Henderson Police Sub-Station the following day to register it in his name. No issues whatsoever. We (the buyer and I) thought they might call me, or require me to come to the station, but they didn't even ask.
 
Lowjiber said:
I live in Nevada and just sold a Walther 9mm to the manager of the local Jeep dealership. The gun was registered (required in Clark County, Nv) to me...obviously. We typed up a bill of sale and I signed it.

He took it to the Henderson Police Sub-Station the following day to register it in his name. No issues whatsoever. We (the buyer and I) thought they might call me, or require me to come to the station, but they didn't even ask.
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You have to register your firearms in Nevada? Wow That sucks.
 
armyman_83 said:
You have to register your firearms in Nevada? Wow That sucks.
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Only in Clark County.

In Minnesota:

Link Removed

Read the whole chapters:

Subd. 1f.Gross misdemeanor; transferring firearm without background check.A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if:

(1) the transferee was prohibited from possessing the weapon under section 624.713 at the time of the transfer; or

(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.
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So long as the buyer is a Law Abiding Citizen and no crime is committed within one year, then nothing is required to sell the handgun privately. If you are concerned, then you can either take the gun to an FFL and do the transfer there (and they will charge you a transfer fee), or comply with 624.7132, which I am not going to quote here because it might crash the entire internet! :)

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Ask to make a copy of their DL and make up a bill of sale..
This does a couple of things.. IF there is ever a problem in the future with the gun, you can show that you sold it..
IF the buyer has a real issue with providing you ID, then you probably shouldn't sell it to them..
 
This has all been helpful because it is something I have thought about but in the reverse.
What if I want to buy a gun in a private sale situation?
The only thing I can think of is that to be prudent I might want to see ID or a copy of the sellers driver's license along with an invoice of sorts that states that he sold me the gun, listing the date of sale and the serial # of the gun. This would be in case the gun was used in a crime prior to me buying it.
Please comment. Thanks
 
In the past, I have done a two-part bill of sale.

I, NavyLT, did on Feb 1, 2011 sell one Taurus PT-145, serial number XXXXXX to Joe Citizen and did receive $250 as the purchase price of same gun. Signed: NavyLT. The buyer gets that one as a receipt for his money.

I, Joe Citizen, did on Feb 1, 2011 purchase one Taurus PT-145, serial number XXXXX from Navy LT for the purchase price of $250 and did receive same firearm. Signed: Joe Citizen. I would get that one as a receipt for my gun.

Although not required by law, I would show an ID card for verification of state of residence and age, but no way am I providing a copy of it nor would require a copy from the other party. If you don't trust them enough to buy/sell a gun from them, then why would you trust them with a copy of an ID card AND if I am not willing to give them a copy of my DL, then I do not feel it appropriate to ask one from them.
 
some of those local laws appear to violate the Firearm Owner's Protection Act, which states in it that NO firearms except for NFA weapons can be registered by the gov't , state gov't or any lower form of gov't.
 
Regardless of the legal ability to sell as an individual, I think it is best to run the transaction through a local FFL holder. Think of the cost of the middleman as liability insurance. Even if you do everything right as an individual, should a problem or question arise in regard to the transaction your cost in time and legal expenses to show you did nothing wrong will far exceed the cost of the middleman. If you screw up, you could end up in jail. I guess I just not that greedy, but then I live in a state where you can't even inherit a pistol without a permit.
 
All good responses. Just have to be prudent. I wouldn't give a copy of my DL but would show it.
Just CYA!
 
I know a lot of gun owners who are selling their firearms FTF so that they can eliminate their colllection. Then they buy the exact makes and models at gunshows or from others FTF, thus recreating their entire collection off paper. I can't beleive all of the people on here that are recommending that the OP going through a FFL. in addition to unneccesarily paying the FFL the transfer fee (he WILL charge you) you are unneccesarily creating a paper trail. If a confiscation ever does develop (god forbid) you're making sure that our overlords know exactly what you have. Not a good idea. It is perfectly legal to conduct a private FTF transfer. If it makes you feel better, do a bill of sale. Some state laws notwithtanding.
 
hoverman said:
I know a lot of gun owners who are selling their firearms FTF so that they can eliminate their colllection. Then they buy the exact makes and models at gunshows or from others FTF, thus recreating their entire collection off paper. I can't beleive all of the people on here that are recommending that the OP going through a FFL. in addition to unneccesarily paying the FFL the transfer fee (he WILL charge you) you are unneccesarily creating a paper trail. If a confiscation ever does develop (god forbid) you're making sure that our overlords know exactly what you have. Not a good idea. It is perfectly legal to conduct a private FTF transfer. If it makes you feel better, do a bill of sale. Some state laws notwithtanding.
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You need some work on your logic.

If they sell FTF and buy FTF with no paper trail, the paper trail from the initial purchase says they still have the guns that they have, just with the wrong serial numbers. To eliminate the paper trail, they need to sell through an FFL before buying FTF. Selling through an FFL means the "overlords" as you call them will not come looking for the gun at your place because the paper trail says you no longer have them. When you get rid of a firearm, the paper trail is your friend.
 
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