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Old February 9, 2014, 10:54 PM   #1
idek
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question: any special laws for private sales?

I'd like to post a couple gun sales, but I've never sold to a private buyer before. Can I simply exchange a gun for cash or do sales have to go through a FFL?

I'm not sure if there are laws about this, and, if so, if they might vary from state to state. I live in South Dakota, which is probably one of the more lenient states in terms of gun laws.

Thanks for any help.

Last edited by idek; February 9, 2014 at 11:39 PM.
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Old February 9, 2014, 11:24 PM   #2
shooterbob
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If its legal in your state, you can sell to any individual without an ffl dealer involved unless you know that person cannot legally own a firearm in advance. You don't have to ask or anything, but use judgement.
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Old February 10, 2014, 01:08 AM   #3
idek
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thanks for the clarification
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Old February 10, 2014, 01:30 AM   #4
Librarian
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And, if the private buyer lives in a different state than SD, the sale must go through an FFL, no matter what that state's laws may allow for its own residents.

For a handgun, must go through an FFL in the buyer's (non-SD) state of residence. For a long gun, must go through some FFL, following the laws of both SD and the other state.
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Old February 10, 2014, 07:58 AM   #5
ClydeFrog
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Gun laws....

I'd check your local & state gun laws re; private sales and ownership.
A few resources include; www.gunlawguide.com www.nra.org www.handgunlaw.us .
A lawyer & 2A supporter in my local area wrote a detailed guide to gun/use of force laws for the state so that is handy.
There may be a forum or 2A rights group near you that can answer your gun-legal ???s.
My state is fairly open re; gun sales & purchases. Private citizens do not need a FFL holder to sell guns or ammunition for anything up to a full auto SMG or short barrel shotgun(Class III, AOWs, etc). This includes handguns.

When I lived in PA in the 1990s, it was fairly open too except for handguns which required a FFL holder to do the formal transfer.
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Old February 10, 2014, 05:55 PM   #6
osbornk
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I would be very careful about selling a firearm to a private party unless I knew them really well. If the gun is involved in a crime and you are the last registered owner, you will have a visit from the police questioning you regarding your sale of the gun. If there is any question in your mind at all, I would only sell it to the person through a FFL.
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Old February 11, 2014, 02:07 AM   #7
Frank Ettin
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Quote:
Originally Posted by shooterbob
....unless you know that person cannot legally own a firearm in advance...
The legal standard under the applicable federal statutes is, "know or have reasonable cause to believe."
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