question: any special laws for private sales?

idek · February 9, 2014, 10:54 PM

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.

shooterbob · February 9, 2014, 11:24 PM

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.

idek · February 10, 2014, 01:08 AM

thanks for the clarification

Librarian · February 10, 2014, 01:30 AM

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.

ClydeFrog · February 10, 2014, 07:58 AM

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.

osbornk · February 10, 2014, 05:55 PM

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.

**Frank Ettin** · February 11, 2014, 02:07 AM

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."

February 9, 2014, 10:54 PM	#1
idek Senior Member Join Date: August 20, 2009 Posts: 903	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.

February 10, 2014, 01:30 AM	#4
Librarian Senior Member Join Date: June 4, 2007 Location: Concord, CA Posts: 193	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. __________________ See the CALGUNS FOUNDATION Wiki for discussion of California firearms law. The FAQ page is here.

February 10, 2014, 07:58 AM	#5
ClydeFrog Junior member Join Date: May 1, 2010 Posts: 5,797	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.

February 9, 2014, 11:24 PM	#2
shooterbob Senior Member Join Date: December 17, 2013 Posts: 109	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.

February 10, 2014, 01:08 AM	#3
idek Senior Member Join Date: August 20, 2009 Posts: 903	thanks for the clarification

February 10, 2014, 05:55 PM	#6
osbornk Senior Member Join Date: August 11, 2012 Location: Mountains of Appalachia Posts: 1,598	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.