Private Firearm Purchase

siv · October 21, 2010, 09:52 PM

Hey guys I need a little bit of information from the experts here,
I am looking at buying a gun from a private seller. It is a long rifle so it shouldn't be a problem that I'm 20 years old. I just want to know what kind of paper work I need to get my hands on to make sure I do this legally. I live in Minnesota by the way.
Thanks,
siv

Xfire68 · October 21, 2010, 10:43 PM

I believe all that is needed is you to write up a bill of sale with the firearms serial number and your name address as will as the sellers.

blume357 · October 22, 2010, 06:43 AM

even though I'm sure there are folks here that can answer your question... a specific state forum would be best.

with that said, most states, and I assume MN is one of them... actually require nothing for a private firearm sale/transfer as long as both parties can legally own the gun and are both residents of that state.

brickeyee · October 22, 2010, 12:31 PM

Quote:

I believe all that is needed is you to write up a bill of sale with the firearms serial number and your name address as will as the sellers.

Absent a STATE law requiring this, federal law require NOTHING.

Xfire68 · October 22, 2010, 01:06 PM

From what I have read as long as your buying a rifle and not a pistol or assault weapon you don't have to keep any records but, IMO it's always a good idea to cover your arse.

Quote:

624.7131 Subd. 10. Transfer report not required. A person who transfers a pistol or semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714 is not required to file a transfer report pursuant to section 624.7132, subdivision

The seller of a weapon should always keep a record to keep things from getting hairy down the road if the gun was used for a crime.

tighty whitey · October 22, 2010, 03:09 PM

The suggestion of a Bill of Sale is a good one. It is not gun law related but simply sound practice in any contracted sale. As a seller I would definitely want proof that my ownership of the gun terminated on a specific date and the Bill of Sale is evidence of that date.

brickeyee · October 22, 2010, 06:07 PM

Quote:

The suggestion of a Bill of Sale is a good one. It is not gun law related but simply sound practice in any contracted sale. As a seller I would definitely want proof that my ownership of the gun terminated on a specific date and the Bill of Sale is evidence of that date.

And since you could have written it up anytime it is going to have very little weight in anything.

K_Mac · October 22, 2010, 06:48 PM

This link defines Illinois law in this situation. I would expect most states have some requirements for record keeping, but I could be wrong. Illinois is very restrictive in its laws. The firearms laws for all states are readily available online. I would check to make sure.

http://www.isp.state.il.us/docs/9-049.pdf

brickeyee · October 23, 2010, 09:22 AM

"I would expect most states have some requirements for record keeping, "

Virginia has no law requiring any records be created or maintained by a private (non-FFL) seller.

We also do not have FOID cards or any of that BS.

You walk into the store, fill out he 4473 and state form, pay your money, the FFL calls the state police for a NICS check, you walk out with your new gun.

You can even conceal a new handgun on the way home if desired (nothing on the carry permit says ANYTHING about what gun can be carried).

**Aguila Blanca** · October 23, 2010, 10:00 AM

Quote:

Originally Posted by tighty whitey

The suggestion of a Bill of Sale is a good one. It is not gun law related but simply sound practice in any contracted sale. As a seller I would definitely want proof that my ownership of the gun terminated on a specific date and the Bill of Sale is evidence of that date.

A bill of sale is of use only if both parties keep a copy and it contains the full names, addresses, and signatures of both parties. Since one of the attractions of buying face to face is no paper trail, why would anyone WANT to create a paper trail that's not required by law? Do as you please, but if I want a firearm with a paper trail I'd just has happily buy from my local FFL. (Unfortunately, I'm in one of those states where I don't have a choice, but that's another story.)

Xfire68 · October 23, 2010, 10:45 AM

Quote:

A bill of sale is of use only if both parties keep a copy and it contains the full names, addresses, and signatures of both parties. Since one of the attractions of buying face to face is no paper trail, why would anyone WANT to create a paper trail that's not required by law? Do as you please, but if I want a firearm with a paper trail I'd just has happily buy from my local FFL. (Unfortunately, I'm in one of those states where I don't have a choice, but that's another story.)

One of the biggest reasons for creating a "Paper Trail" is if your the original owner and you bought it at a local gun shop that gun is in your name and there is paperwork. Getting more paperwork from a buyer passes on that gun to him/her and you have at least some prof of that.

I don't invite more government into my life ever but, some simple steps to cover your own rear end is always good practice.

brickeyee · October 23, 2010, 02:22 PM

Quote:

One of the biggest reasons for creating a "Paper Trail" is if your the original owner and you bought it at a local gun shop that gun is in your name and there is paperwork.

You just look at them and say "I sold it."

End of discussion.

K_Mac · October 23, 2010, 09:03 PM

Brickeyee the OP asked for information about the purchase of a rifle from a private owner. I am happy that Virginia has the good sense to not require gun owner identification cards or any sort of record keeping. To assume other states are the same could be an expensive mistake. I think some of the gun laws in Illinois violate my 2A rights. I comply because a felony conviction is not something I want to risk.

chris in va · October 23, 2010, 09:19 PM

Quote:

You can even conceal a new handgun on the way home if desired (nothing on the carry permit says ANYTHING about what gun can be carried).

Provided you already have a CHL.

brickeyee · October 24, 2010, 10:10 AM

Quote:

nothing on the carry permit says ANYTHING about what gun can be carried

Quote:

Provided you already have a CHL.

RIF.

The statement covers the permit issue already.

The point is that Virginia allows you to carry any handgun you want, unlike some other states that limit you to guns actually listed on the permit.

siv · October 25, 2010, 11:55 AM

Thanks for all the info guys!

October 21, 2010, 09:52 PM	#1
siv Member Join Date: June 4, 2007 Location: Leota, MN Posts: 33	Private Firearm Purchase Hey guys I need a little bit of information from the experts here, I am looking at buying a gun from a private seller. It is a long rifle so it shouldn't be a problem that I'm 20 years old. I just want to know what kind of paper work I need to get my hands on to make sure I do this legally. I live in Minnesota by the way. Thanks, siv

October 21, 2010, 10:43 PM	#2
Xfire68 Senior Member Join Date: March 31, 2010 Location: Communist State of IL. Posts: 1,562	I believe all that is needed is you to write up a bill of sale with the firearms serial number and your name address as will as the sellers. __________________ NRA Life Member, SAF Member

October 22, 2010, 06:43 AM	#3
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	What you are asking will depend on your State's firearm laws even though I'm sure there are folks here that can answer your question... a specific state forum would be best. with that said, most states, and I assume MN is one of them... actually require nothing for a private firearm sale/transfer as long as both parties can legally own the gun and are both residents of that state.

October 22, 2010, 03:09 PM	#6
tighty whitey Member Join Date: July 1, 2009 Location: Florida, near the mouse Posts: 76	Bill of Sale The suggestion of a Bill of Sale is a good one. It is not gun law related but simply sound practice in any contracted sale. As a seller I would definitely want proof that my ownership of the gun terminated on a specific date and the Bill of Sale is evidence of that date. __________________ The secret of life is honesty and fair dealing. If you can fake that, you've got it made. ~ Groucho Marx

October 22, 2010, 06:48 PM	#8
K_Mac Senior Member Join Date: September 15, 2010 Posts: 1,850	This link defines Illinois law in this situation. I would expect most states have some requirements for record keeping, but I could be wrong. Illinois is very restrictive in its laws. The firearms laws for all states are readily available online. I would check to make sure. http://www.isp.state.il.us/docs/9-049.pdf __________________ "Any fool can criticize, condemn and complain and most fools do." Benjamin Franklin

October 23, 2010, 09:22 AM	#9
brickeyee Senior Member Join Date: December 29, 2004 Posts: 3,351	"I would expect most states have some requirements for record keeping, " Virginia has no law requiring any records be created or maintained by a private (non-FFL) seller. We also do not have FOID cards or any of that BS. You walk into the store, fill out he 4473 and state form, pay your money, the FFL calls the state police for a NICS check, you walk out with your new gun. You can even conceal a new handgun on the way home if desired (nothing on the carry permit says ANYTHING about what gun can be carried).

October 23, 2010, 09:03 PM	#13
K_Mac Senior Member Join Date: September 15, 2010 Posts: 1,850	Brickeyee the OP asked for information about the purchase of a rifle from a private owner. I am happy that Virginia has the good sense to not require gun owner identification cards or any sort of record keeping. To assume other states are the same could be an expensive mistake. I think some of the gun laws in Illinois violate my 2A rights. I comply because a felony conviction is not something I want to risk. __________________ "Any fool can criticize, condemn and complain and most fools do." Benjamin Franklin

October 25, 2010, 11:55 AM	#16
siv Member Join Date: June 4, 2007 Location: Leota, MN Posts: 33	Thanks for all the info guys!